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Manatee County among plaintiffs in suit against state officials

Manatee County among plaintiffs in suit against state officials

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News, Manatee County.

LEON COUNTY – Manatee County is among several municipal plaintiffs filing suit seeking declaratory and injunctive relief from a controversial hurricane recovery-related state law enacted earlier this year.

Signed into law by Gov. Ron DeSantis on June 26, the new law created by the Florida Legislature’s adoption of Senate Bill 180 and its matching bill in the House of Representatives prohibits city and county governments from adopting land development regulations that are more cumbersome or restrictive than the regulations in place as of Aug. 1, 2024.

Fort Lauderdale-based Weiss, Serota, Helfman, Cole and Bierman attorney Jamie Cole filed the lawsuit on Sept. 29 in the Second Judicial Circuit Court in Leon County.

The lawsuit seeks a court order declaring that the enactment of SB 180 violates the Florida Constitution and the Florida Statutes that codify local home rule powers, deems the preemptions in the new state law to be impermissibly vague and invalid and prohibits the state from enforcing the new law.

On Sept. 2, Manatee County com­missioners voted 6-1 in favor of the county joining the lawsuit.

In addition to Manatee County, the named plaintiffs include city of Destin, the city of Lake Alfred, the town of Windermere, the city of Delray Beach, the city of Deltona, the city of Weston, the city of Alachua, the city of Stuart, Orange County, the town of Mulberry, the city of Naples, Miami Shores Village, the town of Lake Park, the city of Fort Lauderdale, the town of Jupiter, the city of Edgewater, the city of Pompano Beach, the town of Dundee, the town of Cutler Bay, the village of North Palm Beach, the village of Pinecrest, the city of Margate, the town of Palm Beach and the city of Homestead.

The lawsuit names as defendants Florida Secretary of Commerce Alex Kelly, Executive Director for the Florida Division of Emergency Management Kevin Guthrie, Florida Commissioner of Agriculture Wilton Simpson, Florida Department of Revenue Executive Director Jim Zingale and Florida Chief Financial Officer Blaise Ingoglia.

The complaint cites Section 28 of the new Florida Statute that states, “Each county listed in the federal disaster declaration for Hurricane Debby, Hurricane Helene or Hurricane Milton, and each municipality within one of those counties, may not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by such hurricanes; propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations; or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before October 1, 2027, and any such moratorium or restrictive or burdensome comprehensive plan amendment, land development regulation, or procedure shall be null and void ab initio. This subsection applies retroactively to August 1, 2024.”

A case overview provided on page two of the 46-page complaint says, “This is an action by a large number of

Florida municipalities and counties challenging Senate Bill 180, a law that was enacted in the 2025 legislative session that represents the largest incursion into local home rule authority in the history of Florida since the adoption of the Florida Constitution in 1968. SB 180 purports to be ‘an act relating to emergencies’ supposedly designed to assist people rebuild properties that were damaged in hurricanes. But, as the result of a last minute amendment, and in a classic example of log rolling and stealth legislating, SB 180 goes much further, freezing all local land development regulations and comprehensive plans in place on August 1, 2024, declaring that any ‘more restrictive or burdensome’ amendments to such regulations that were enacted by any of the 67 counties or 411 municipalities in Florida between August 1, 2024, and October 1, 2027, are ‘void ab initio.’”

The complaint says, “SB 180 should be declared invalid and the defendants should be enjoined from enforcing it.”

Manatee County referenced

Earlier this year, due to concerns about potentially violating the new state law, Manatee County commissioners delayed voting on reverting back to the county’s previous and more restrictive wetland buffering regulations.

The complaint notes some local governments received letters from Florida Department of Commerce advising them that certain planning and zoning regulations are in direct conflict with Section 28 of the new state law.

The complaint says, “Manatee County received such a letter on April 15 regarding two proposed comprehensive plan amendments, in which Florida Commerce states it previously declared the proposed comprehensive plan amendments ‘null and void’ and that Manatee County, nonetheless, thereafter continued to move toward final adoption. The letter states the proposed ordinances may be violative of Section 28 for being a ‘restrictive or burdensome’ procedure for obtaining a development permit after a disaster – without purporting to identify what it was more restrictive or burdensome than, or to whom it was more restrictive or burdensome. The letter also states the proposed amendments may violate Section 3 of SB 180 regarding impact fees.”

Although the Island cities of Anna Maria, Bradenton Beach and Holmes Beach are not plaintiffs in the lawsuit, Holmes Beach city attorney Erica Augello recently said the outcome of the SB 180 lawsuit will impact every Florida city and county one way or another.

City officials appreciate county joining SB 180 lawsuit

City officials appreciate county joining SB 180 lawsuit

Written by Joe Hendricks on . Posted in Community News, Holmes Beach.

HOLMES BEACH – The city is not joining the Senate Bill 180 lawsuit but city officials appreciate the Manatee County Commission’s recent decision to do so.

On Sept. 2, county commis­sioners voted 6-1 in favor of paying an initial $10,000 fee to join the lawsuit that will chal­lenge a new state law created earlier this year by the Florida Legislature and supported by Gov. Ron DeSantis with the adoption of Senate Bill 180.

Originally intended to ensure property owners’ ability to repair and rebuild their homes after a hurricane, the far-reaching legislation prohibits city and county governments from adopting and enforcing any new development regula­tions that are more restrictive or cumbersome than those in place on Aug. 1, 2024.

The local regulatory restric­tions imposed by the state law are scheduled to expire on Oct. 1, 2027, but would be extended in any jurisdiction located within 100 miles of a federally declared natural disaster area.

Fort Lauderdale-based at­torney Jamie Cole is leading the legal challenge. When contacted on Sept. 12, he said 20 Florida cities and counties have joined the lawsuit and no decision has been made yet as to where it will be filed.

As a follow up to their Aug. 26 discussion, Holmes Beach officials revisited the lawsuit discussion on Sept. 11.

“My position hasn’t changed,” City Attorney Erica Augello said. “Whatever the determina­tion on this is, it’s going to affect everybody in the state. It’s up to you if you want to join, but they have enough to move it forward. That’s the consensus in my office as well, with all the jurisdictions that we represent.”

Commissioner Dan Diggins said the only reason he’d vote to join the lawsuit would be to show the city’s support for the county commission’s decision.

Commissioner Terry Schaefer said he discussed the pending lawsuit with the city’s con­tracted lobbyist, Andrew Kalel. Schaefer said Kalel also believes an eventual court ruling would impact the city with or without joining the lawsuit and joining the lawsuit could impact the city’s relations with state leaders.

Commissioner Steve Oelfke said he discussed the lawsuit with District 3 County Com­missioner Tal Siddique and expressed the city’s apprecia­tion and support for the county commission’s decision. Oelfke said Siddique understands the city’s position on not joining the lawsuit.

Commissioner Carol Soustek hopes the lawsuit pressures the Florida Legislature into revising the new law during the 2026 legislative session.

“I support the county for doing this,” she added.

“I agree with everyone up here,” Mayor Judy Titsworth said. “I’m so proud of the county for deciding to join that lawsuit. And we are the county; they’re representing us in this lawsuit.”

Referencing the Florida Legislature’s past support for the previous county commission’s now-abandoned efforts to force the construction of a county-funded parking garage at Manatee Beach, Titsworth said, “We know what it feels like when we get trampled on by the state.”

Regarding the county commission’s decision, the mayor said, “I really support their efforts to try to protect home rule and I do feel they’re doing this to protect us.”

Titsworth said she’d support the city joining the lawsuit if the city commissioners wanted to. Augello said the city commission could revisit that decision later if the law firm handling the case needs more parties to join the lawsuit to help fund the legal challenge.

Judge suspends Form 6 disclosure requirements

Judge suspends Form 6 disclosure requirements

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News, Featured.

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.”

Judge suspends Form 6 disclosure requirements
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.”

Form 6 lawsuits filed

Form 6 lawsuits filed

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News, Featured.

FLORIDA – The Weiss Serota law firm has filed two lawsuits challenging the Form 6 financial disclosure requirements now placed on all Florida mayors, city commissioners and city/town/village council members. Both lawsuits were filed on Feb. 15.

In January, Fort Lauderdale-based Weiss Serota attorney Jamie Cole reached out to city attorneys statewide to secure at least 10 Florida cities willing to join the lawsuit and pay a $10,000 flat fee to participate in the legal challenge. None of the three Anna Maria Island cities joined the lawsuit, nor did the town of Longboat Key or any city in Manatee or Sarasota counties.

The Form 6 financial disclosure requirements that include the disclosure of net worth, earnings and tangible assets have long been applied to state legislators, county commission­ers and certain government officers at the state and county levels. A new state law enacted last year made mayors, city commissioners and city/town/village council members also subject to the Form 6 disclosure requirements. City officials were previously required to file a less intrusive Form 1 disclosure form.

Before the expanded financial disclo­sure requirements took effect on Jan. 1, more than 100 Florida mayors, city commissioners and municipal council members resigned rather than subject themselves to the disclosure require­ments, including Bradenton Beach City Commissioner Jake Spooner and Longboat Key Town Council member Debbie Murphy.

On Feb. 15, Cole sent an email to city attorneys statewide informing them that the Form 6 lawsuits had been filed.

“Two lawsuits were filed today on behalf of 26 municipalities and 74 municipal elected officials challeng­ing the Form 6 requirement as to municipal elected officials. One in federal court in Miami, based upon it being compelled, content-based, non-commercial speech in violation of the First Amendment to the U.S. Constitu­tion; and one in state circuit court in Leon County, based upon it being an infringement on the right to privacy under the Florida Constitution. If your cities are still interested in joining the lawsuit, it is not too late. We plan to file the appropriate paperwork to add additional plaintiffs in the next couple of weeks,” Cole stated in his email.

LAWSUIT COMPLAINTS

The 74 municipal officials individually named as plaintiffs represent the town of Briny Breezes, Miami Springs, Light­house Point, the town of Palm Beach, North Bay Village, the town of Golden Beach, the village of Indian Creek, the village of Bal Harbour, Weston, Delray Beach, Safety Harbor, Cooper City, Coral Springs, St. Augustine, Marco Island, the village of Key Biscayne, Wilton Manors, Margate, Destin, Lauderhill, Deerfield Beach, Aventura, Wellington, the village of Pinecrest, New Smyrna Beach and Sebastian.

The federal and state complaints name as defendants Florida Commis­sion on Ethics Chair Ashley Lukis, Vice-Chair Michelle Anchors and Commission on Ethics members William Cervone, Tina Descovich, Freddie Figgers, Luis Fuste and Wengay Newton Sr. The Commission on Ethics oversees and enforces the financial disclosure requirements imposed by the Florida Legislature and the governor.

The first page of the state lawsuit complaint says, “This is an action by a large number of Florida municipali­ties and elected municipal officials challenging a recently enacted law (created by Senate Bill 774) that requires municipal elected officials in office as of January 1, 2024, to disclose quintessentially private, highly personal financial information, including, among other things, the exact amount of their net worth and income, the total dollar value of their household goods and the precise value of every asset and amount of every liability in excess of $1,000 on or before July 1, 2024, or otherwise face significant fines, civil penalties, and even potential removal from office.”

The federal lawsuit complaint contains similar language, alleging “The statements required by Fla. Stat. §112.3144, through Form 6, constitute noncommercial, compelled speech from plaintiffs in violation of the First Amend­ment. Specifically, Fla. Stat. §112.3144 unconstitutionally compels plaintiffs to make invasive, public disclosures about their personal finances through Form 6.”

Regarding the relief sought, the fed­eral complaint says, “Plaintiffs respect­fully request that judgment be entered in their favor: Declaring that Fla. Stat. §112.3144 compels plaintiffs to engage in content-based, non-commercial speech in violation of the First Amend­ment of the United States Constitution and is therefore unconstitutional.

“Enjoining defendants from enforc­ing Fla. Stat. §112.3144, including the imposition of any fines, penalties or other enforcement, against plaintiffs, arising from the failure of any plaintiffs to file a Form 6 while subject to such require­ments. Awarding plaintiffs their costs and expenses, including attorneys’ fees, incurred in bringing in this action,” the federal complaint says.

POTENTIAL IMPACTS

When speaking to The Sun in January, Cole said a court-ordered temporary injunc­tion would only benefit those individually named as lawsuit plaintiffs but a permanent injunction or final ruling that declares the current state law unconstitutional could potentially benefit all elected and appointed mayors, city commissioners and city/town/village council members in Florida.

“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 said.

Related coverage: Island cities decline to join financial disclosure lawsuit

Island cities decline to join financial disclosure lawsuit

Island cities decline to join financial disclosure lawsuit

Written by Joe Hendricks on . Posted in Anna Maria Island, Community News, Featured.

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.”

Island cities decline to join financial disclosure lawsuit
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.”

Island cities decline to join financial disclosure lawsuit
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.

Island cities decline to join financial disclosure lawsuit
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.