FLORIDA – U.S. District Court Judge Melissa Damian has issued a temporary injunction that suspends the Form 6 financial disclosure requirements imposed on Florida mayors and city commission members earlier this year.
As a member of the U.S. District Court for the Southern District of Florida, Damian issued the temporary injunction on June 10.
“During its 2023 session, the Florida Legislature passed, and the governor later signed into law, SB 774, which amended sections 112.3144 and 112.3145, Florida Statutes. As of Jan. 1, 2024, SB 774 applies to mayors and other elected (and appointed) members of the governing bodies of municipalities,” Damian stated in her written ruling.
County commissioners, state legislators and certain other office holders have long been subjected to the Form 6 financial disclosure requirements and they remain subject to those requirements.
Administered and enforced by the Florida Commission on Ethics, annual Form 6 filings require the detailed disclosure of net worth, earnings, income sources, stock holdings, tangible assets worth more than $1,000 and debts.
Before the expanded Form 6 requirements took effect Jan. 1, more than 100 Florida mayors, city commissioners and city council members resigned, including Bradenton Beach City Commissioner Jake Spooner and Longboat Key Town Council member Debbie Murphy. The impending Form 6 requirements also led to the withdrawal of three Anna Maria City Commission candidates.
LAWSUIT UNFOLDS
In January, Fort Lauderdale-based attorney Jamie Cole reached out to city attorneys statewide seeking plaintiffs to join the Form 6 lawsuits to be filed by the Weiss-Serota law firm.
The Anna Maria, Bradenton Beach and Holmes Beach commissions declined the opportunity to join the Form 6 lawsuits as plaintiffs for a $10,000 flat fee. Despite not joining the lawsuit, the Island mayors and commissioners join those statewide who are temporarily relieved of the Form 6 disclosure requirements.
In February, Cole’s law firm, Weiss-Serota, filed separate state and federal lawsuits challenging the Form 6 financial disclosure requirements being imposed on municipal officials. The lawsuits name Florida Commission on Ethics Chair Ashley Lukis and six additional Florida Commission on Ethics members as defendants.
On March 22, the law firm filed with the federal court an expedited motion for preliminary injunction. On April 22, Damian presided over the evidentiary hearing that led to her granting the temporary injunction.
“Plaintiffs seek a preliminary injunction enjoining enforcement of Florida’s Senate Bill 774 on grounds the law impermissibly compels content-based, non-commercial speech in violation of the First Amendment of the United States Constitution. After conducting a hearing and careful review of the record, and for the reasons set forth below, the court concludes that entry of a preliminary injunction is warranted,” Damian stated in her ruling.
Damian’s ruling notes that prior to Jan. 1, municipal officials and candidates were required to file the less intrusive Form 1 disclosure form that requires the disclosure of major income sources, but not the amounts earned, and the disclosure of intangible personal properties, real properties and liabilities valued over $10,000.
“After conducting a hearing and careful review of the record, the court concludes that entry of a preliminary injunction is warranted,” Damian stated in her order. “A review of the record reflects the state enacted SB 774 without giving serious consideration to whether the government interests at stake could be addressed through less burdensome alternative means. It is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary, nor that SB 774 is substantially related to the state’s identified interests.”
The ruling notes the plaintiffs succeeded in establishing that SB 774 impermissibly compels content-based speech in violation of the First Amendment.
RULING REACTIONS
When contacted by The Sun on June 12, Cole said, “We are very pleased with the entry of the preliminary injunction. The Form 6 requirement is the most intrusive financial disclosure anywhere in the United States, stricter than even the one required of the president of the United States. The quintessentially personal information that must be disclosed has nothing to do with the elected officials’ job duties and are not elements of any ethics violations. As noted by the judge, the Form 1 disclosures for municipal elected officials have worked fine for the past 50 years and there was, and is, no evidence showing that the Form 6 disclosures were necessary.”
Attorney Jamie Cole helped initiate the federal lawsuit. – Weiss-Serota | Submitted
When asked if the preliminary injunction bodes well for the permanent invalidation of the Form 6 requirements for city officials, Cole said, “This is a good first step towards the ultimate relief we are seeking in the lawsuit, which is the invalidation of SB 774 and a permanent injunction against its enforcement.”
When asked about an estimated timetable for a permanent injunction, Cole said, “We do not have a timetable in place, but the preliminary injunction protects the plaintiffs and all other elected municipal officials during the pendency of the lawsuit.”
On June 10, Anna Maria City Attorney Becky Vose sent Mayor Dan Murphy an email informing him of the ruling and its impact on the Anna Maria mayor and commissioners: “It is, in my legal opinion, a well-reasoned opinion and is supported by applicable case law and relevant facts. As a result of the injunction which applies state-wide, you will not be required to file Form 6 until further notice.”
Holmes Beach Mayor Judy Titsworth said, “I am pleased with the injunction. It is highly intrusive for elected officials in small governments to file this information each year.”
Holmes Beach Commission Chair Terry Schaefer said, “The injunction is relief for those who had not yet filed, as they can revert to Form 1. This may encourage additional small city candidates to run. I appreciate the ruling as it challenges the necessity of the bill. However, I’m certain there will be a corrective bill next session to address the judge’s concerns.”
ANNA MARIA ISLAND – The candidate qualifying periods will soon begin for those seeking election or reelection during the 2024 election cycle.
Anna Maria provides a two-week qualifying period. Bradenton Beach, Holmes Beach and Manatee County provide one-week qualifying periods. All city commission and mayoral terms on the Island are two-year terms.
Pre-qualifying
State law also provides pre-qualifying periods for candidates. According to Manatee County Supervisor of Elections Office Chief Deputy Sharon Stief, “The pre-qualifying process is set forth in Florida Statute 99.061(8): A qualifying office may accept and hold qualifying papers submitted not earlier than 14 days prior to the beginning of the qualifying period, to be processed and filed during the qualifying period. This is not new. Municipalities that piggyback onto the general election are able to pre-qualify. When the municipality has elections in off years, that provision is not in their charter.”
Form 6
Because of a new state law that took effect on Jan.1, municipal candidates seeking election or reelection to a mayoral or city commission office must, for the first time, file a Form 6 financial disclosure form that lists the candidate’s net worth, all income sources, all debts (except credit cards) and all tangible assets valued at more than $1,000. County commission candidates were already subjected to the Form 6 filing requirements. Learn more about the Form 6 requirements at the Florida Commission on Ethics website.
Anna Maria
The two-week qualifying period in Anna Maria begins on Monday, June 3 at noon and ends on Friday, June 14 at noon. The mayor’s seat currently held by Dan Murphy and the city commission seats currently held by Gary McMullen and Mark Short are up for election in November.
Anna Maria City Clerk LeAnne Addy said during the May 9 city commission meeting that the pre-qualifying period begins on May 27. Qualifying packets will be accepted at that time, but Anna Maria candidates will not be considered qualified until the qualifying period opens on June 3.
Bradenton Beach
The one-week qualifying period in Bradenton Beach begins on Monday, June 10 at noon and ends on Friday, June 14 at noon.
The Ward 2 commission seat currently held by Marilyn Maro and the Ward 3 commission seat currently held by Ralph Cole are up for election this fall.
Maro has not attended a commission meeting in person in over a year but has attended several meetings by phone.
Holmes Beach
The one-week qualifying period in Bradenton Beach begins on Monday, June 10 at noon and ends on Friday, June 14 at noon. The mayor’s seat currently held by Judy Titsworth and the city commission seats currently held by Dan Diggins and Greg Kerchner are up for election.
Manatee County
The one-week qualifying period for county candidates begins on Monday, June 10 at noon and ends on Friday, June 14 at noon. County offices up for election this fall include the District 1, 3 and 5 county commission seats, the at-large District 7 county commission seat, the offices of the supervisor of elections, the county clerk, the property appraiser, the tax collector and the sheriff, the District 1 and 3 school board seats and West Manatee Fire Rescue board seats 1 and 5.
Registration, party affiliation
Preceded by early voting and mail voting, the Manatee County primary election will conclude on Tuesday, Aug. 20. The deadline to register to vote in the primary, or to change party affiliation for the party-specific primary elections, is Monday, July 22.
Preceded by early and mail voting, the general election will conclude on Tuesday, Nov. 5. The deadline to register to vote in the general election is Monday, Oct. 7 and party affiliation doesn’t matter in a general election.
For additional qualifying information regarding city and county races, contact the Supervisor of Elections office or the applicable city clerk’s office.
ANNA MARIA ISLAND – A Florida law firm plans to file a lawsuit challenging the recently expanded Form 6 financial disclosure requirements that now also apply to elected city officials.
Anna Maria, Bradenton Beach and Holmes Beach city commissioners recently discussed the pending lawsuit, but none of the Island cities are so far joining the lawsuit as plaintiffs.
On Jan. 9, city attorneys throughout Florida received a group email from attorney Jamie Cole, a longtime attorney with the Weiss Serota Helfam Cole and Bierman law firm’s Fort Lauderdale office. According to the firm’s website, Cole “represents local officials and governments in matters that help to improve their communities and preserve home rule power.”
In his email to city attorneys, Cole stated, “As I know you are all aware, the Florida Legislature last year passed a law that requires all municipal elected officials to complete a Form 6 rather than a Form 1 financial disclosure form as of Jan. 1, 2024. Over a hundred municipal elected officials have resigned rather than fill out the new form, which requires them to disclose their exact net worth, income and asset values.”
Former Bradenton Beach Commissioner Jake Spooner and Longboat Key Town Council Member Debbie Murphy were among the city officials statewide who resigned rather than be subjected to the same annual financial disclosure requirements that have long applied to elected state and county officials.
The expanded financial disclosure requirements also resulted in candidates John Kolojeski, Pat Olesen and Susan Stephen withdrawing their applications for potential appointment to the Anna Maria City Commission.
In his email, Cole stated, “Numerous city officials have contacted us regarding the filing of a lawsuit for declaratory and injunctive relief. Our firm has decided to file such a lawsuit if at least 10 municipalities sign on as plaintiffs. Attached is a form resolution that can be used by cities and their elected officials to join the lawsuit. Our legal theories are set forth in the resolution and are based upon the right to privacy and free speech.”
The resolution notes each city joining the lawsuit will be charged a $10,000 flat fee that covers the litigation of an initial court trial, but not a subsequent appeals process.
As of Jan. 18, the 11 cities joining the lawsuit were Golden Beach, Indian Creek, Miami Springs, Lighthouse Point, the Town of Palm Beach, North Bay Village, Bal Harbor, Weston, Delray Beach, Cooper City and Safety Harbor, according to Cole. He expects to file the lawsuit in February, after allowing more time for additional cities to potentially join in the suit.
The resolution claims the Form 6 disclosure requirements are unconstitutional and are not the least restrictive means to carry out the state Legislature’s desired financial disclosure requirements. It also says requiring unpaid or low-paid elected city officials to disclose their net worth, income and assets does not serve any compelling public interest and may potentially make them targets of burglary, identity theft and extortion while deterring other qualified citizens from seeking elected city office.
“Even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures,” the resolution states.
Elected city officials were previously required to file the significantly less intrusive Form 1 which doesn’t require the disclosure of net worth, income earned or tangible assets.
Elected city officials in office as of Jan. 1 must now file a Form 6 disclosure form by July 1, and future mayoral and city commission candidates must file a Form 6 when qualifying to run for office. Form 6 requires elected officials to report their net worth, income sources, income earned from each source, real estate holdings, bank accounts and account balances, stock holdings, tangible assets valued at more than $1,000 and debts owed.
Once filed, Form 6 becomes a public record that can easily be viewed and downloaded at the Florida Commission on Ethics website.
LOCAL DISCUSSION
Holmes Beach commissioners discussed the proposed lawsuit on Jan. 11 when Commissioner Terry Schaefer provided a recap of the Form 6 discussion that occurred earlier that day at the ManaSota League of Cities meeting. Schaefer said Florida League of Cities President and Cooper City Mayor Greg Ross is not in favor of the proposed lawsuit.
On Jan. 9, the Cooper City Commission voted 3-1 to join the proposed lawsuit and the three supporting commissioners will be named individually as plaintiffs acting on behalf of the city. Ross, an attorney, voted against Cooper City joining the lawsuit.
Holmes Beach City Attorney Erica Augello said she and her fellow attorneys at the Trask Daigneault law firm are not advising any of their municipal clients to join the lawsuit.
“Whatever decisions are made are going to impact you one way or another, so save your money,” she said. “It’s going to be an uphill battle.”
Holmes Beach City Attorney Erica Augello doesn’t recommend joining the lawsuit. Sun File Photo | Joe Hendricks
Commissioner Dan Diggins said, “I would really like us to stop talking about Form 6. It’s law. Let’s live with it. Let’s move on.”
Schaefer noted that anyone still in office as of Jan. 1 had the opportunity to resign before the expanded disclosure requirements took effect.
Anna Maria City Attorney Becky Vose told The Sun she received Cole’s email, however, she did not mention the email or the lawsuit during the Anna Maria Commission’s Jan. 11 meeting.
During that meeting, Commissioner Jon Crane provided some general comments on the Form 6 requirements and said, “I think it’s more home rule terrorism, stomping a foot on the neck of little cities. I’ve been talking to the mayor about having our lobbyist talk to the legislators about an exception for smaller cities, or something else that would take that pressure off of us. I also understand there might be a lawsuit being filed.”
Anna Maria Commissioner Jon Crane equates the expanded financial disclosure requirements to “home rule terrorism.” – Joe Hendricks | Sun
Commission Chair Mark Short noted Form 6 was discussed at the ManaSota League of Cities meeting, but the Florida League of Cities is not taking any action in opposition to the expanded disclosure requirements.
On Jan. 18, Bradenton Beach City Attorney Ricinda Perry initiated a commission discussion on the proposed lawsuit. She said she agrees with the legal argument that the expanded disclosure requirements are a violation of the right to privacy.
Bradenton Beach City Attorney Ricinda Perry agrees with the Weiss Serota law firm’s legal analysis. – Sun File Photo | Joe Hendricks
Perry said it’s unfair to subject elected city officials to financial disclosure requirements that were not in effect when they took office, some of whom own businesses and would have to disclose information that could be used by their competitors.
“I tend to agree with the attorneys who are putting this lawsuit together. There are other means of getting to where the legislators wanted to be,” Perry said.
Mayor John Chappie said, “As a county commissioner for eight years, I filled out the Form 6. Do I like doing it? No, not at all, but it is what it is. I’m not in favor of being part of the lawsuit.”
Commissioner Ralph Cole said he understands the Form 6 disclosure requirement being applied to higher-paid state and county elected officials, but not to a Bradenton Beach commissioner who earns $4,800 per year for serving.
Cole noted the disclosure requirements were expanded without grandfathering in city officials elected before the expanded disclosure requirements took effect. He said determining one’s net worth and the value of tangible assets could be challenging. Chappie agreed that determining the value of some assets, including works of art, can be difficult.
None of the Island city commissions took formal votes on joining the lawsuit.
ATTORNEY INSIGHTS
The Sun spoke with Cole by phone on Jan. 10 and Jan. 18.
“In the long run, if we win the case and get a declaration that the law’s invalid, I think it will benefit everyone,” he said. “But that’s not going to be for a while, so we’re going to try to get a temporary injunction that would only run in favor of the plaintiffs – the individuals who are actually named in the lawsuit. Just because a city joins that’s not going to be enough. The individuals who are named plaintiffs are the ones who would benefit from the temporary injunction and the cities would be paying for their fees.”
Cole thinks the expanded disclosure requirements are going to have a bigger impact in Florida’s smaller cities.
“Big and small cities are both concerned, but to some extent, it could be a bigger problem in smaller cities where everyone knows each other, and some people feel it’s a bigger invasion of their privacy. Some small cities are going to have problems filling their commissions,” Cole said.
Cole said the Florida Legislature can revisit the 2023 legislation and enact less invasive disclosure requirements for elected city officials, or all elected officials in Florida.
“They certainly could fix this and it doesn’t have to be all or nothing. It doesn’t have to be Form 1 or Form 6. It could be something in between. They could also change the rules for themselves because it’s not really clear why the net worth of county commissioners or state legislators needs to be disclosed,” Cole said.
He said the Florida Legislature could also research how other states handle their financial disclosure requirements.
“If you were to do that, you will find that none of them require their officials to disclose their net worth, their income and every single asset they own,” Cole said, noting there are some states that require disclosure reporting in dollar ranges rather than specific dollar amounts.
Cole said the Form 6 disclosure requirements provide teenage and adult children the means to look up their parents’ net worth and earnings. He said some city officials resigned because their employers don’t allow them to disclose their salaries and others may be involved in legal disputes or family issues in which disclosing financial assets could be detrimental.
“There’s so many different scenarios that people can’t or don’t want to disclose their financial information. It’s a huge intrusion into their privacy and it forces them to speak in a way that don’t want to speak – and that clearly violates fundamental constitutional rights,” Cole said.
He noted paying an accountant to assist with a Form 6 filing can cost $2,000 or more.
ANNA MARIA ISLAND – Bradenton Beach City Commissioner Jake Spooner has resigned because of the state’s expanded Form 6 financial disclosure requirements that now apply to all Florida mayors and city commissioners holding office as of Jan. 1.
Spooner is one of many city commissioners in Florida who recently resigned because of the new law and the impacts are also being felt in Anna Maria and Longboat Key.
The Form 6 financial disclosure requirements have long applied to elected state, county and city officials in some of Florida’s larger cities. The Florida Legislature and Gov. Ron DeSantis expanded the disclosure requirements earlier this year when creating the new state law that now requires elected city officials to annually file a Form 6 disclosure form.
All elected mayors and city commissioners in office as of Dec. 31 are required to file a Form 6 disclosure form by July 1. The expanded financial disclosure requirements also apply to future candidates seeking election to a city office, and to the nine appointed members of the Florida Commission on Ethics.
Bradenton Beach impacts
Spooner was elected in 2015 and remained in office since then. He tendered his resignation in an email sent to City Clerk Terri Sanclemente, Mayor John Chappie and others on Thursday.
“Please accept this letter as formal notification of my resignation from the Bradenton Beach City Commission and CRA, effective December 28, 2023,” Spooner wrote. “It has been an honor and a privilege to serve our community and work towards betterment alongside such dedicated individuals. My time on the commission has been deeply rewarding and educational. I have cherished the opportunity to contribute to our city’s growth and to collaborate on initiatives that have improved our residents’ quality of life. However, due to recent changes in the state law pertaining to financial disclosure requirements for city officials, I find it necessary to step down from my position at this time. Thank you for the opportunity to serve Bradenton Beach. It has truly been a meaningful period in my life. I look forward to watching the city continue to thrive and prosper in the future and know it is in good hands.”
While in office, Spooner suggested the city use its contracted lobbyist to pursue state appropriations. This led to the city receiving millions of dollars in state funds for undergrounding utility lines and other projects. Spooner also proposed the addition of the new finger docks at the Bradenton Beach Pier. He was also a proponent of using Community Redevelopment Agency funds to decorate Bridge Street and the city entrance during the Christmas holidays.
The remaining commission members will appoint someone to fill Spooner’s vacated seat. According to a Florida Commission on Ethics spokesperson, a commissioner appointed after Jan. 1 is still required to file a Form 6 by July 1.
Anna Maria impacts
When contacted by The Sun, sitting Anna Maria commissioners Mark Short, Jon Crane and Charlie Salem each said they were not resigning.
“I just hope it doesn’t discourage others from getting involved,” Salem said.
The city commission anticipated filling two vacant commission seats on Jan. 25. On Dec. 22, Anna Maria City Commission applicant Pat Olesen informed Mayor Dan Murphy and City Clerk LeAnne Addy that she was withdrawing her application for potential appointment to the city commission in late January. Olesen told The Sun she withdrew because of the Form 6 disclosure requirements.
On Thursday (Dec. 28), commission applicant John Kolojeski withdrew his application for similar reasons. In the email he sent to Murphy, Kolojeski stated he was reluctantly withdrawing his application after speaking to Joe Burns at the Florida Commission on Ethics the previous day and confirming that if appointed he would be subject to the Form 6 financial disclosure requirements.
Anna Maria resident John Kolojeski withdrew his application for potential appointment to the Anna Maria City Commission. – Joe Hendricks | Sun
“In my opinion, the residents of Anna Maria did not need to know the value of an elected official’s oriental rug or art collection; such public information would most interest a thief,” Kolojeski stated in his email. “The most important information a voter needs is not required by the new law, namely does a candidate have financial interest in any business subject to actual or potential regulation by the city, e.g., real estate or construction, etc. What interests are financially supporting a candidate? Form 6 requirements I personally find onerous and irrelevant to the conflict issues of far greater importance.”
On Friday, commission applicant Susan Stephen withdrew her application, leaving Gary McMullen and Kathleen Morgan as the two remaining applicants as of 1 p.m. Friday.
In the withdrawal letter she sent to Murphy on Friday, Stephen stated, “I am withdrawing my name from consideration for the position of city commissioner. Unfortunately, the new laws will impede my desire to run. In my opinion, public release of my personal financial information is ripe for abuse. If I only was disclosing to the powers that be, it might be a different story. I must wholeheartedly agree with John Kolojeski and Pat Olesen that it’s an invasion of my personal information and subjects me to abuse of said information.”
On Dec. 13, commission applicant Sharon Wisniewski withdrew her application. It is not known if the new financial disclosure requirements factored into her withdrawal.”
If two new Anna Maria commissioners are on Jan. 25 as previously anticipated, the new commissioners will have to their first Form 6 by July 1.
Holmes Beach impacts
When contacted on Thursday, Holmes Beach City Clerk Stacey Johnston said no resignations were tendered in Holmes Beach. Johnston said she provided the mayor and commissioners with access to Form 6 training materials and other information well in advance of the new disclosure requirements taking effect.
After contacting the Manatee County Supervisor of Elections Office, Johnston confirmed that the city’s elected charter review board members will continue to file Form 1 disclosure forms when qualifying for election and will not have to file Form 6.
Holmes Beach Commissioner Terry Schaefer recently expressed his concerns about the financial disclosure requirements that now apply to elected city officials. – Joe Hendricks | Sun
Holmes Beach Commissioner Terry Schaefer expressed concerns about the Form 6 disclosure requirements during the commission’s Nov. 14 meeting after attending a presentation that Florida Commission on Ethics Deputy Executive Director and General Counsel Steven Zuilkowski gave after the conclusion of the Nov. 9 ManaSota League of Cities meeting.
“It’s very onerous. It requires detailed financial information, down to the bank accounts, their respective balances, securities and net worth. Is this going to thwart people in the future from even considering running if they have to open their financial statements to the public?” Schaefer said.
Schaefer questioned whether the disclosure requirements would also discourage residents from serving on the city’s non-elected committees and boards.
In response to that concern, Johnston said, “It is not for the committees. It’s only for the elected officials, which are the six of you.”
Longboat Key, statewide impacts
After taking office in March, Longboat Key Town Council member Debbie Murphy submitted her resignation letter on Nov. 20 and her resignation took effect Dec. 24.
“I feel my privacy is being infringed upon in being required to submit the new financial disclosure form and am unwilling to provide personal net worth information being requested. I find these requirements to be more onerous and intrusive than I am willing to share with the public,” she stated in her resignation letter.
Statewide, the new financial disclosure requirements caused many elected city officials to resign. According to various new outlets, four of the five St. Pete Beach Commission members resigned and at least 18 elected municipal officials in Pinellas County resigned. Three elected city officials in Pasco County resigned, the Naples vice-mayor resigned, three North Palm Beach City Commission members resigned and a Fort Myers Town Council member resigned because of the new financial disclosure requirements.
Disclosure requirements extensive
Most Florida mayors and city commissioners were previously required to file the Form 1 disclosure document that doesn’t require a disclosure of net worth. Form 1 requires the disclosure of income sources but not the amount of income received. Form 1 requires the disclosure of business interests, real estate holdings and major debts but does not require the specific amounts of those holdings and debts.
During the Florida League of Cities annual conference in August, Zuilkowski and Commission on Ethics Executive Director Kerrie Stillman gave a presentation titled, “Let The Sunshine In: Everything you need to know about Form 6.”
The presentation is posted at the Florida League of Cities website and provides detailed information about the Form 6 disclosure requirements and the now-mandatory electronic filing process.
Form 6 requires elected officials to report their net worth at the end of the previous calendar year. It requires the disclosure of all income sources and the amount of income earned. It requires the disclosure of bank accounts and year-end balances. It requires the disclosure of land and real estate holdings, tangible and household assets valued at more than $1,000, stock and investment accounts, financial debts and liabilities that exceed $1,000 and the amount owed to each creditor, with the exception of credit card debt and taxes owed.
Senate sponsor
The expanded Form 6 financial disclosure requirements are the result of the new state law created earlier this year with the Florida Legislature’s adoption of Senate Bill 774, and the matching committee substitute bill adopted by the House of Representatives. Gov. Ron DeSantis signed the expanded disclosure requirements into law in May.
Sen. Jason Brodeur (R-Sanford) sponsored SB 774. When contacted by The Sun, Brodeur’s office said he was unavailable for a phone interview but his aide provided a written statement Brodeur shared with other media outlets.
State Sen. Jason Brodeur sponsored the Senate bill that expanded the financial disclosure requirements. – FlSenate.gov | Submitted
“Before the bill took effect, the following individuals holding public office were required to file a Form 6: The governor, the lieutenant governor, executive cabinet members, legislators, state attorneys, public defenders, clerks of circuit courts, sheriffs, tax collectors, property appraisers, supervisors of elections, county commissioners, elected superintendents of schools, district school board members, Jacksonville City Council members – including the mayor, compensation claims judges, the Duval County Superintendent of Schools, Florida Housing Finance Corporation Board members, Florida Prepaid College Board members and members of each expressway authority, transportation authority, bridge authority or toll authority,” Brodeur stated.
“City officials, presumably with the highest spending authority and the lowest vote count thresholds, have very little transparency, so the bill lined them up with everyone else in public office,” he stated.
“The Florida Commission on Ethics said during their public testimony when the bill was heard in committee that more people filed to run for public office last year than ever before, so there likely won’t be a lack of good people running for office. Similar arguments were made by county commissions, school boards and constitutional officers when it became a requirement that they submit a Form 6, and we’ve had no shortage of candidates for any of those positions,” he stated.
“I’m not so much concerned about their pay as I am about their spending authority. It takes 82 votes in the Legislature to spend taxpayer dollars. In a city, you can spend tens of millions of dollars with as little as three votes. Taxpayers deserve transparency. If a simple disclosure that hundreds of other elected officials already do makes someone quit, then voters should be glad,” Brodeur stated.
Ethics Commission insights
When contacted by The Sun, Stillman provided additional insights on the Form 6 financial disclosure requirements first promulgated in 1977.
“It is not a new form. It has been around for decades. It’s a new requirement for city commissioners and mayors. The biggest difference between Form 1 and Form 6 is the requirement to provide net worth and to list specific income amounts,” Stillman said.
“This change is something that’s been recommended by the (Ethics) Commission since 2015 or 2016. Over the years, it has been in bills that have been debated in legislative committees, and the Florida League of Cities was closely following and active in the issue,” she said.
“The state of Florida has very broad public records laws and prioritizes transparency. The filing of financial disclosure forms does provide transparency to the public. The ethics laws, the disclosure requirements and the transparency are designed to help bolster the public’s trust in their government and help identify potential conflicts of interest. The exercise of an official completing the form each year helps the official remember where their interests are and helps them avoid potential conflicts of interest,” Stillman said.
Stillman said Form 6 filers are not asked to provide bank account numbers, social security numbers and other sensitive information. She noted the new law also eliminates paper filing and requires all Form 6 filings to be done electronically using the Ethics Commission’s online filing system.
When qualifying to run for a mayoral or city commission seat, non-incumbent candidates must now fill out Form 6, print a copy of the filed form and submit it to the applicable election qualifying officer, which is generally the supervisor of elections office. Incumbent city candidates seeking reelection must provide their qualifying officer with a printed receipt of their most recent Form 6 filing.
When asked, Stillman said elected fire district board members are not required to file a Form 6 and will continue to file Form 1.
“Currently, there are about 26,000 Form 6 filers. With the addition of city officials, we anticipate that amount will double. Our staff is prepared to assist all these officials as they transition to this new form. They’ll have access to our filing system beginning in January,” Stillman said.
She noted that financial disclosure forms, a video tutorial and answers to frequently asked questions are available at the Ethics Commission website.
“We’re ready to help the folks comply and adjust to the Form 6 requirement,” Stillman said.
The original version of this story was updated on Friday, Dec. 29 at 1:25 pm
