Res No 021-24-16126RESOLUTION NO. 021-24-16126
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, IN SUPPORT OF THE LAWSUIT SEEKING A
DECLARATION THAT THE PROVISIONS OF SECTION
112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE
MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6
FINANCIAL DISCLOSURE FORMS IS
UNCONSTITUTIONAL AND INVALID; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, since 1976, Article II, Section 8 oftbe Florida Constitution has required that
all elected State constitutional officers file a full and public disclosure of their financial interests,
which is done through a state-adopted form ("Form 6") that requires, among other things, the
disclosure of the specific amounts of an official's net worth, income and asset values; and
WHEREAS, historically, municipal elected officials have been required to make a more
limited financial disclosure that is done through a different state-adopted fonn ("Form I") that
requires, among other things, the disclosure of information related to sources of income, real
property, intangible personal property liabilities and interests in specified businesses, but does not
include the specific amounts of an official's net worth, income and asset values; and
WHEREAS, the Mayor and all current elected members of the City Commission (the
"City Elected Officials") were elected by the voters of the City subject to and in reliance upon
Florida law that required the Mayor and Commission Members to annually file Form 1 (not Form
6) financial disclosures forms; and
WHEREAS, although the State Legislature has the power in the Florida Constitution to
require that additional public officers file a full and public disclosure of their financial interests, it
must do so consistent with other constitutional limitations; and
WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting
Article 1, Section 23, the "Right to Privacy,'' which states that"[ e ]very natural person has the right
to be let alone and free from govemmental intrusion into the person's private life except as
othenvise provided herein"; and
WHEREAS, because the right of privacy is a fundamental right within Florida's
constitution, the Florida Supreme Court has consistently required that any law intruding on the
right is presumptively unconstitutional and must be justified by a "compelling state interest" which
the law serves or protects through the "least reshictive means;" and
WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section
4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose
what to say and what not to say, any impairment of which must be justified by a "compelling state
interest" which the law serves or protects through the "least restrictive means;" and
Page 1 of3
Res. No. 021-24-16126
WHEREAS, dming the 2023 legislative session, Senate Bill 774 was passed and codified
at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure
requirements and now require that all elected municipal mayors and elected members of the
governing board file a Fonn 6 financial disclosure, which is substantially more burdensome and
personally intrusive than the Fonn 1; and
WHEREAS, the imposition of the Form 6 disclosure requirements at the municipal level
(a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most
of which receive little or no compensation for their service, (b) unnecessarily risks the safety of
such officials (making them targets of, among other things, burglary, identity theft and extortion),
and (c) will deter many otherwise qualified and interested citizens from mnning for office; and
WHEREAS, in fact, many municipal officials resigned from office prior to December 31,
2023, as a result of the new disclosure requirements, disrupting the ability of some local
governments to operate for lack of a quorum; and
WHEREAS, the imposition of the intrusive F01m 6 disclosure requirements at the
municipal level is not the least restrictive means of serving the govemmental interests of
preventing abuse of the public t111st, as demonstrated by, among other things, the lack of such
requirements at the municipal level in other states and at the federal level ( even the President of
the United States and members of the U.S. Congress are not required to make such extensive
disclosures); and
WHEREAS, requiring that unpaid ( or low paid) municipal elected officials disclose their
precise net worth, income and assets does not serve (let alone constitute the least restrictive means
of serving) any compelling interest -Form 1 disclosures constitutes sufficient transparency to
inform the public of potential conflicts; and
WHEREAS, the imposition of new financial disclosure requirements upon municipal
elected officials who were elected without such requirements violates due process, is
fundamentally unfair and violates fundamental constitutional rights; and
WHEREAS, on Febl'Uary 15, 2024, two lawsuits were filed on behalf of26municipalities
and 74 municipal elected officials, challenging the Form 6 financial disclosure requirement as to
municipal elected officials (the "Lawsuit"); and
WHEREAS, the City desires to demonstrate its support of the Lawsuit seeking a
declaration that the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal
elected officials to file Fonn 6 financial disclosure fonns are unconstitutional and invalid and
should be enjoined; and
WHEREAS, the City Commission believes it is in the best interest of the citizens and
residents of the City to support the Lawsuit and urges other municipalities and their elected
officials to also support the Lawsuit.
Page2 of3
Res. No. 021-24-16126
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAJ\111, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. In Suoport of Lawsuit. The City Commission hereby declares its support
of the Lawsuit seeking declaratory, injunctive and other appropriate relief challenging the
provisions of Section I I 2.3144(1 )(d), Florida Statutes, that require municipal elected officials to
file Form 6 financial disclosure forms, based upon any appropriate legal theories, including those
set forth above.
Section 3. Implementation. The City Manager is hereby authorized to take all actions
necessary to implement the purposes and intent of th.is Resolution.
Section 4. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any confonning amendments to be incorporated into the
final res olution for s ignature.
Section 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 5•1t day of March, 2024.
ATTEST:
CITYCL¼¾f
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
~
WEISS SEROT A H E LFMAN COLE
& BIERMAN , P.L.
CITY ATTORNEY
APPROVED:
~
COMMISSION VOTE:
Mayor Fern~nclez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page 3 of3
3-2
Nay
Yea
Yea
Yea
Nay
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: March 5, 2024
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS OF
SECTION 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE
FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR BONICH)
Suggested Action:
Attachments:
Memo Re Form 6 Litigation.docx
48A3453-Resolution Authorizing Participation in Form 6 Lawsuit.docx
Form 6 Federal Complaint Filed.pdf
Form 6 State Complaint Filed.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:March 5, 2024 City Commission Meeting
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,FLORIDA,AUTHORIZINGPARTICIPATION
IN A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS
OF SECTION 112.144(1)(D), FLORIDA STATUTES, THAT REQUIRE
MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL
DISCLOSURE FORMS IS UNCONSTITUTIONAL AND INVALID;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVEDATE.
The accompanying Resolution was prepared and placed on the agenda at the request of Vice
Mayor Lisa Bonich.
2
Page 1 of 4
RESOLUTION NO. 2024-1
A RESOLUTION OF THE MAYOR AND CITY 2
COMMISSION OF THE CITY OF SOUTH MIAMI, 3
FLORIDA, AUTHORIZING PARTICIPATION IN A 4
LAWSUIT SEEKING A DECLARATION THAT THE 5
PROVISIONS OF SECTION 112.144(1)(d), FLORIDA 6
STATUTES, THAT REQUIRE MUNICIPAL ELECTED 7
OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE 8
FORMS IS UNCONSTITUTIONAL AND INVALID; 9
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, 10
AND AN EFFECTIVE DATE.11
12
WHEREAS,since 1976, Article II, Section 8 of the Florida Constitution has required that 13
all elected State constitutional officers file a full and public disclosure of their financial interests, 14
which is done through a state-adopted form (“Form 6”) that requires, among other things, the 15
disclosure of the specific amounts of an official’s net worth, income and asset values; and16
17
WHEREAS,historically, municipal elected officials have been required to make a more 18
limited financial disclosure that is done through a different state-adopted form (“Form 1”) that 19
requires, among other things, the disclosure of information related to sources of income, real 20
property, intangible personal property liabilities and interests in specified businesses, but does not 21
include the specific amounts of an official’s net worth, income and asset values; and 22
23
WHEREAS,the Mayor and all current elected members of the City Commission (the 24
“City Elected Officials”) were elected by the voters of the City subject to and in reliance upon 25
Florida law that required the Mayor and Commission Members to annually file Form 1 (not Form 26
6) financial disclosures forms; and27
28
WHEREAS,although the State Legislature has the power in the Florida Constitution to 29
require that additional public officers file a full and public disclosure of their financial interests, it 30
must do so consistent with other constitutional limitations; and31
32
WHEREAS,in 1980, the voters of Florida amended the Florida Constitution by adopting 33
Article 1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right 34
to be let alone and free from governmental intrusion into the person’s private life except as 35
otherwise provided herein”; and36
37
WHEREAS,because the right of privacy is a fundamental right within Florida’s 38
constitution, the Florida Supreme Court has consistently required that any law intruding on the 39
right is presumptively unconstitutional and must be justified by a “compelling state interest” which 40
the law serves or protects through the “least restrictive means;” and 41
42
WHEREAS,the First Amendment to the United States Constitution, and Article 1, Section 43
4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose 44
what to say and what not to say, any impairment of which must be justified by a “compelling state 45
interest” which the law serves or protects through the “least restrictive means;” and46
3
Page 2 of 4
47
WHEREAS,during the 2023 legislative session, Senate Bill 774 was passed and codified 48
at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure 49
requirements and now require that all elected municipal mayors and elected members of the 50
governing board file a Form 6 financial disclosure, which is substantially more burdensome and 51
personally intrusive than the Form 1; and52
53
WHEREAS,the imposition of the Form 6 disclosure requirements at the municipal level 54
(a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most 55
of which receive little or no compensation for their service, (b) unnecessarily risks the safety of 56
such officials (making them targets of, among other things, burglary, identity theft and extortion), 57
and (c) will deter many otherwise qualified and interested citizens from running for office; and58
59
WHEREAS, in fact, many municipal officials resigned from office prior to December 31, 60
2023, as a result of the new disclosure requirements, disrupting the ability of some local 61
governments to operate for lack of a quorum; and62
63
WHEREAS,the imposition of the intrusive Form 6 disclosure requirements at the 64
municipal level is not the least restrictive means of serving the governmental interests of 65
preventing abuse of the public trust, as demonstrated by, among other things, the lack of such 66
requirements at the municipal level in other states and at the federal level (even the President of 67
the United States and members of the U.S. Congress are not required to make such extensive 68
disclosures); and69
70
WHEREAS,requiring that unpaid (or low paid) municipal elected officials disclose their 71
precise net worth, income and assets does not serve (let alone constitute the least restrictive means 72
of serving) any compelling interest – Form 1 disclosures constitutes sufficient transparency to 73
inform the public of potential conflicts; and74
75
WHEREAS,the imposition of new financial disclosure requirements upon municipal 76
elected officials who were elected without such requirements violates due process, is 77
fundamentally unfair and violates fundamental constitutional rights; and 78
79
WHEREAS,on February 15, 2024, two lawsuits were filed on behalf of 26 municipalities 80
and 74 municipal elected officials, challenging the Form 6 financial disclosure requirement as to 81
municipal elected officials (the "Lawsuit"); and82
83
WHEREAS, the City desires to participate in the Lawsuit seeking a declaration that the 84
provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to 85
file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined; and86
87
WHEREAS,the City Commission believes it is in the best interest of the citizens and 88
residents of the City to participate in the Lawsuit and urges other municipalities and their elected 89
officials to also participate as plaintiffs.90
91
4
Page 3 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 92
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:93
94
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated 95
herein by this reference.96
97
Section 2.Participation. The City Commission hereby authorizes the participation of 98
the City, and any of individual Members of the City Commission who choose to participate as 99
plaintiffs, in a lawsuit seeking declaratory, injunctive and other appropriate relief challenging the 100
provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to 101
file Form 6 financial disclosure forms, based upon any appropriate legal theories, including those 102
set forth above.103
104
Section 3.Attorney Retention. Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) 105
is hereby retained to represent the City in this litigation. The Firm will charge the City a flat fee, 106
inclusive of attorneys’ fees and costs, of $10,000 to represent the City and the individual elected 107
officials who choose to participate as plaintiffs, for the litigation in the trial court. The City and 108
elected officials recognize that such flat fee may be less than the actual attorneys’ fees and costs 109
incurred, and that if the City and elected officials prevail in the Lawsuit, the Firm may apply with the 110
Court for its actual reasonable attorneys’ and costs from the defendants. The filing of any appeals 111
will be authorized by separate resolution under the terms thereof. The City and its elected officials 112
also acknowledges that the Firm will be representing other local governments and officials in this 113
lawsuit and waives any conflicts related to such representation.114
115
Section 4.Implementation.The City Manager is hereby authorized to take all actions 116
necessary to implement the purposes and intent of this Resolution.117
118
Section 5.Corrections. Conforming language or technical scrivener-type corrections 119
may be made by the City Attorney for any conforming amendments to be incorporated into the 120
final resolution for signature.121
122
Section 6.Effective Date. This Resolution shall become effective immediately upon 123
adoption.124
125
PASSED AND ADOPTED this ____ day of _____________, 2024.126
127
ATTEST:APPROVED: 128
129
130
131
CITY CLERK MAYOR132
133
READ AND APPROVED AS TO FORM, COMMISSION VOTE:134
LANGUAGE, LEGALITY AND Mayor Javier Fernández:135
EXECUTION THEREOF Vice Mayor Lisa Bonich:136
Commissioner Steve Calle:137
5
Page 4 of 4
Commissioner Joshua Liebman:138
Commissioner Brian Corey:139
WEISS SEROTA HELFMAN COLE 140
& BIERMAN, P.L.141
CITY ATTORNEY142
6
UNITED STATE DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.
PRESIDENT OF TOWN COUNCIL
ELIZABETH A. LOPER, ALDERMAN KEITH
J. BLACK, ALDERMAN KATHLEEN M.
GROSS and ALDERMAN WILLIAM BIRCH,
elected officials of the Town of Briny Breezes;
COUNCILMEMBERS WALTER FAJET and
JACKY BRAVO, elected officials of Miami
Springs, Florida;
COMMISSIONER PATRICIA PETRONE, an
elected official of Lighthouse Point, Florida;
MAYOR DANIELLE H. MOORE,
PRESIDENT OF TOWN COUNCIL
MARGARET A. ZEIDMAN, COUNCIL
MEMBER EDWARD A. COONEY, COUNCIL
MEMBER LEWIS CRAMPTON, COUNCIL
MEMBER JULIE ARASKOG and COUNCIL
MEMBER BOBBIE LINDSAY, elected
officials of the Town of Palm Beach, Florida;
MAYOR BRENT LATHAM, VICE MAYOR
RICHARD CHERVONY, and
COMMISSIONER ANDY ROTONDARO,
elected officials of North Bay Village, Florida;
MAYOR GLENN SINGER, an elected official
of the Town of Golden Beach, Florida;
MAYOR BERNARD KLEPACH, an elected
official of Indian Creek, Florida;
MAYOR JEFFREY P. FREIMARK, VICE-
MAYOR SETH E. SALVER, COUNCILMAN
DAVID ALBAUM, and COUNCILMAN
DAVID WOLF, elected officials of the Village
of Bal Harbour, Florida;
MAYOR MARGARET BROWN,
COMMISSIONER MARY MOLINA-MACFIE,
COMMISSIONER CHRIS EDDY,
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 1 of 18
7
2
COMMISSIONER HENRY MEAD, and
COMMISSIONER BYRON L. JAFFE, elected
officials of the City of Weston, Florida;
MAYOR SHELLY PETROLIA, VICE-
MAYOR RYAN BOYLSTON, DEPUTY
VICE-MAYOR ROB LONG,
COMMISSIONER ADAM FRANKEL, and
COMMISSIONER ANGELA BURNS, elected
officials of the City of Delray Beach, Florida;
MAYOR JOSEPH AYOUB, COMMISSIONER
ANDY STEINGOLD, COMMISSIONER
CARLOS DIAZ, COMMISSIONER NANCY J.
BESORE, and COMMISSIONER CLIFF
MERZ, elected officials of the City of Safety
Harbor, Florida;
COMMISSIONER JEREMY KATZMAN, an
elected official of Cooper City, Florida;
MAYOR SCOTT J. BROOK, VICE-MAYOR
SHAWN CERRA, COMMISSIONER JOSHUA
SIMMONS, COMMISSIONER JOY CARTER,
and COMMISSIONER NANCY METAYER
BOWEN, elected officials of the City of Coral
Springs, Florida;
VICE-CHAIR ERIK BRECHNITZ, an elected
official of the City of Marco Island, Florida;
VICE MAYOR ARLENE SCHWARTZ,
COMMISSIONER ANTONIO V. ARSERIO,
COMMISSIONER JOANNE SIMONE, and
COMMISSIONER ANTHONY N.
CAGGIANO, elected officials of the City of
Margate, Florida;
MAYOR ROBERT T. WAGNER, COUNCIL
MEMBER JOHN STEPHENS III, COUNCIL
MEMBER TORY CJ GEILE, COUNCIL
MEMBER JAMES B. BAGBY, and COUNCIL
MEMBER TERESA R. HEBERT, elected
officials of the City of Destin, Florida;
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 2 of 18
8
3
MAYOR KENNETH R. THURSTON,
COMMISSIONER MELISSA P. DUNN, and
COMMISSIONER SARAI “RAY” MARTIN,
elected officials of the City of Lauderhill,
Florida,
MAYOR BILL GANZ, VICE-MAYOR
BERNIE PARNESS, COMMISSIONER BEN
PRESTON, and COMMISSIONER MICHAEL
HUDAK, elected officials of the City of
Deerfield Beach, Florida;
VICE-MAYOR PAUL A. KRUSS and
COMMISSIONER RACHEL FRIEDLAND,
elected officials of the City of Aventura, Florida;
VICE-MAYOR MICHAEL NAPOLEONE,
COUNCILWOMAN TANYA SISKIND,
COUNCILMAN JOHN T. MCGOVERN, and
COUNCILMAN MICHAEL DRAHOS, elected
officials of the Village of Wellington;
MAYOR FRED CLEVELAND, elected official
of the City of New Smyrna Beach, Florida;
COUNCILMEMBER JENNIFER ANDREU,
elected official of the City of Plantation, Florida,
COUNCILMEMBER KEM E. MASON, elected
official of the Town of Lantana, Florida; and
MAYOR CHARLES EDWARD DODD, VICE
MAYOR KELLY DIXON, COUNCIL
MEMBER FREDERICK B. JONES, COUNCIL
MEMBER BOB MCPARTLAN, AND
COUNCIL MEMBER CHRISTOPHER NUNN,
elected officials of the City of Sebastian, Florida,
Plaintiffs,
vs.
ASHLEY LUKIS, in her official capacity as
Chair of the Florida Commission on Ethics;
MICHELLE ANCHORS, in her official capacity
as Vice Chair of the Florida Commission on
Ethics; WILLIAM P. CERVONE, in his official
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 3 of 18
9
4
capacity as a Member of the Florida Commission
on Ethics; TINA DESCOVICH, in her official
capacity as Member of the Florida Commission
on Ethics; FREDDIE FIGGERS, in his official
capacity as a Member of the Florida Commission
on Ethics; LUIS M. FUSTE, in his official
capacity as a Member of the Florida Commission
on Ethics; and WENGAY M. NEWTON, SR., in
his official capacity as a Member of the Florida
Commission on Ethics,
Defendants.
COMPLAINT
Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and
state as follows:
OVERVIEW
1. This is an action by a large number of Florida elected municipal officials
challenging a recently enacted law (“SB 774”) that on or before July 1, 2024 compels elected
municipal officials in office as of January 1, 2024 to utter very specific statements, in writing and
available to the public at large through the Internet, regarding the elected officials’ personal
finances, including, among other things, stating 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. An elected municipal official’s failure to make these public
statements will result in significant fines, civil penalties, and even potential removal from office.
2. SB 774 amended, among other statutes, Fla. Stat. § 112.3144, and renders elected
municipal officials in office as of January 1, 2024, and municipal candidates subject to the financial
disclosure requirements of Fla. Const., art. II, § 8(j).
3. Prior to the enactment of SB 774, elected municipal officials and municipal
candidates were required to provide financial disclosures via a document called “Form 1” pursuant
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 4 of 18
10
5
to Fla. Stat. § 112.3145, but were not subject to the requirements of Fla. Const., art. II, § 8(j).
However, Florida Statute sections 112.3144 and 99.061, as amended by SB 774 in 2023,
respectively make all elected municipal officers and municipal candidates subject to the filing
requirements of “Form 6,” which demands much more intrusive financial disclosures as outlined
in the Florida Constitution and section 112.3144. A copy of Form 1 is attached as Exhibit A, and
a copy of Form 6 is attached as Exhibit B.
4. Forcing municipal elected officials and municipal candidates to publicly make such
statements impairs their right to be free of government-compelled, content-based, non-commercial
speech, in violation of the First Amendment to the United States Constitution.
5. Rather than being the least restrictive, narrowly tailored means of accomplishing a
compelling state interest, these new, financial disclosure requirements imposed on elected
municipal officials and municipal candidates through SB 744 are the most restrictive means
available – stricter and more onerous than required of federal elected officials (including the
President of the United States) and of elected officials in other states throughout the country.
6. The additional, financial information statements required to be made by Form 6
(e.g., the disclosure of exact net worth, exact income and precise values of household goods and
other assets and liabilities), as compared to Form 1, have little, if any, bearing on an elected
official’s municipal service, does not prevent or even ameliorate conflicts of interest or public
corruption, and does not increase public confidence in government.
7. Form 1 is a less restrictive, alternative means of accomplishing the same
governmental interests, as would be the less onerous disclosure forms used by the federal
government or any of the other states in the United States.
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 5 of 18
11
6
8. Indeed, municipal elected officials and candidates operated under the requirements
of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement
reflected that Form 1 was insufficient and necessitated a change.
9. As such, this action seeks an order (i) declaring the 2023 amendments to Fla. Stat.
§ 112.3144 related to elected municipal officials and any penalties arising therefrom, including
those in Fla. Stat. § 112.317, are unconstitutional under the First Amendment of the United States
Constitution, and (ii) enjoining Defendants from enforcing the disclosure requirements.
JURISDICTION AND VENUE
10. The Court has subject matter jurisdiction over this case pursuant to this Court’s
federal question jurisdiction, 28 U.S.C. § 1331, as this case arises under the First Amendment to
the United States Constitution, as made applicable to the States by the Fourteenth Amendment to
the United States Constitution and 42 U.S.C. § 1983.
11. This case seeks declaratory and injunctive relief, pursuant to the Declaratory
Judgment Act, 28 U.S.C. §§ 2201 and 2202, Federal Rule of Civil Procedure 57, and 42 U.S.C.
§ 1983.
12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), as two of the
Defendants (Freddie Figgers and Luis M. Fuste) reside in this District (and all are residents of this
State), the majority of the plaintiffs reside and serve as elected officials in the District, and a
substantial part of the events giving rise to the claim herein occurred in this District.
THE PARTIES
A. Plaintiffs
13. Plaintiffs in this action consist of the following current, elected officials of Florida
municipalities:
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 6 of 18
12
7
a. Town of Briny Breezes President of Town Council Elizabeth A. Loper;
b. Town of Briny Breezes Alderman Keith J. Black;
c. Town of Briny Breezes Alderman Kathleen M. Gross;
d. Town of Briny Breezes Alderman William Birch;
e. City of Miami Springs Councilmember Walter Fajet;
f. City of Miami Springs Councilmember Jacky Bravo;
g. City of Lighthouse Point Commissioner Patricia Petrone;
h. Town of Palm Beach Mayor Danielle H. Moore;
i. Town of Palm Beach President of Town Council Margaret A. Zeidman;
j. Town of Palm Beach Council Member Edward A. Cooney;
k. Town of Palm Beach Council Member Lewis Crampton;
l. Town of Palm Beach Council Member Julie Araskog;
m. Town of Palm Beach Council Member Bobbie Lindsay;
n. North Bay Village Mayor Brent Latham;
o. North Bay Village Vice Mayor Richard Chervony;
p. North Bay Village Commissioner Andy Rotondaro;
q. Golden Beach Mayor Glenn Singer;
r. Indian Creek Mayor Bernard Klepach;
s. Village of Bal Harbour Mayor Jeffrey P. Freimark ;
t. Village of Bal Harbour Vice-Mayor Seth E. Salver;
u. Village of Bal Harbour Councilman David Albaum;
v. Village of Bal Harbour Councilman David Wolf;
w. City of Weston Mayor Margaret Brown;
x. City of Weston Commissioner Mary Molina-Macfie;
Case 1:24-cv-20604-XXXX Document 1 Entered on FLSD Docket 02/15/2024 Page 7 of 18
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y. City of Weston Commissioner Chris Eddy;
z. City of Weston Commissioner Henry Mead;
aa. City of Weston Commissioner Byron L. Jaffe;
bb. City of Delray Beach Mayor Shelly Petrolia;
cc. City of Delray Beach Vice Mayor Ryan Boylston;
dd. City of Delray Beach Deputy Vice-Mayor Rob Long;
ee. City of Delray Beach Commissioner Adam Frankel;
ff. City of Delray Beach Commissioner Angela Burns;
gg. City of Safety Harbor Mayor Joseph Ayoub;
hh. City of Safety Harbor Commissioner Andy Steingold;
ii. City of Safety Harbor Commissioner Carlos Diaz;
jj. City of Safety Harbor Commissioner Nancy J. Besore;
kk. City of Safety Harbor Commissioner Cliff Merz;
ll. Cooper City Commissioner Jeremy Katzman;
mm. City of Coral Springs Mayor Scott J. Brook;
nn. City of Coral Springs Vice Mayor Shawn Cerra;
oo. City of Coral Springs Commissioner Joshua Simmons;
pp. City of Coral Springs Commissioner Joy Carter;
qq. City of Coral Springs Commissioner Nancy Metayer Bowen;
rr. City of Marco Island Vice-Chair Erik Brechnitz;
ss. City of Margate Vice-Mayor Arlene Schwartz;
tt. City of Margate Commissioner Antonio V. Arserio;
uu. City of Margate Commissioner Joanne Simone;
vv. City of Margate Commissioner Anthony N. Caggiano;
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ww. City of Destin Mayor Robert T. Wagner;
xx. City of Destin Council Member John Stephens III;
yy. City of Destin Council Member Torey CJ Geile;
zz. City of Destin Council Member James B. Bagby;
aaa. City of Destin Council Member Teresa R. Hebert;
bbb. City of Lauderhill Mayor Kenneth R. Thurston;
ccc. City of Lauderhill Commissioner Melissa P. Dunn;
ddd. City of Lauderhill Commissioner Sarai “Ray” Martin;
eee. City of Deerfield Beach Mayor Bill Ganz;
fff. City of Deerfield Beach Vice-Mayor Bernie Parness;
ggg. City of Deerfield Beach Commissioner Ben Preston;
hhh. City of Deerfield Beach Commissioner Michael Hudak;
iii. City of Aventura Vice-Mayor Paul A. Kruss;
jjj. City of Aventura Commissioner Rachel Friedland;
kkk. Village of Wellington Vice-Mayor Michael Napoleone;
lll. Village of Wellington Councilwoman Tanya Siskind;
mmm. Village of Wellington Councilwoman John T. McGovern;
nnn. Village of Wellington Councilwoman Michael Drahos;
ooo. City of New Smyrna Beach Mayor Fred Cleveland;
ppp. City of Plantation Councilmember Jennifer Andreu;
qqq. Town of Lantana Councilmember Kem E. Mason;
rrr. City of Sebastian Mayor Charles Edward Dodd;
sss. City of Sebastian Vice Mayor Kelly Dixon;
ttt. City of Sebastian Council Member Frederick B. Jones;
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uuu. City of Sebastian Council Member Bob McPartlan; and
vvv. City of Sebastian Council Member Christopher Nunn.
14. Plaintiffs are each duly elected or appointed officials of incorporated municipalities
existing under the laws of the State of Florida and are currently in office.
15. As a result of the passage of SB 774, as of January 1, 2024, each, individual Plaintiff
is subject to the financial disclosure requirements of Fla. Const., art. II, § 8(j) and Fla. Stat.
§ 112.3144, and are further subject to the fines, penalties and other enforcement mechanisms
outlined in Fla. Stat. §§ 112.317 and 112.324.
16. Each Plaintiff is, therefore, required to file the requisite Form 6 (rather than the
prior Form 1) on or before July 1, 2024.
17. The failure of any municipal elected official, including each Plaintiff, to make the
compelled statements subjects him or her to a daily fine of $25 per day up to a maximum of $1,500
and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and,
among other things, a potential recommendation of removal from office. See Fla. Stat. §§
112.3144(8)(f), 112.324(4), and 112.317.
18. Plaintiffs now face prior to the imminent deadline of July 1, 2024, the obligation to
engage in non-commercial, content-based speech requirement to publicly disclose, against their
will, the financial information required in Form 6, or face fines or other penalties.
19. Throughout Florida, more than 100 municipal elected officials resigned rather than
agree to engage in such unwanted speech.
20. Plaintiffs strongly desire to continue to serve the public and have therefore not yet
resigned, but instead have chosen to challenge the new compelled speech requirement.
21. Accordingly, Plaintiffs have each suffered a concrete and particularized injury-in-
fact that is actual or imminent.
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B. Defendants
22. Defendant, Ashley Lukis (“Lukis”) is the Chair and a member of the Florida
Commission on Ethics (“Commission”), a commission existing pursuant to Fla. Const., Art. II, §
8(h)(1) and Fla. Stat. § 112.320. Lukis is sued in her official capacity as Chair of the Commission.
23. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a member of the
Commission. Anchors is sued in her official capacity as Vice Chair of the Commission.
24. Defendant, William P. Cervone (“Cervone”) is a member of the Commission.
Cervone is sued in his official capacity as member of the Commission.
25. Defendant Tina Descovich (“Descovich”) is a member of the Commission.
Descovich is sued in her official capacity as member of the Commission.
26. Defendant, Freddie Figgers (“Figgers”) is a member of the Commission. Figgers is
sued in his official capacity as member of the Commission and is a resident of this District.
27. Defendant, Luis Fuste (“Fuste”) is a member of the Commission. Fuste is sued in
his official capacity as member of the Commission and is a resident of this District.
28. Defendant, Wengay M. Newton, Sr. (“Newton”) is a member of the Commission.
Newton is sued in his official capacity as member of the Commission.
29. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively,
comprise the Commission.
30. “The Agency Head is the entire Commission, which is responsible for final agency
action.” See Statement of Organization and Operation of the Commission on Ethics,
https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127 (last
accessed February 12, 2024).
31. The Commission, through each Defendant, is charged with implementing and
enforcing the State’s financial disclosure laws, including, among many other things, the receipt of
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Form 6 disclosures, training regarding Form 6, investigating alleged violations regarding Form 6
filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding failure
to file Form 6, making recommendations of removal from office for failure to file Form 6, and
rendering legally binding advisory opinions regarding Form 6. See Fla. Const., Art. II, § 8(g); Fla.
Stat. §§ 112.3144, 112.317, 112.320.
32. The Commission is also required to identify every person required to file Form 6,
provide notification of said requirement to each person subject to these disclosures, and ensure
compliance with the disclosure requirements by each person subject thereto. See Fla. Const., Art.
II, § 8(g); Fla. Stat. §§ 112.3144, 112.317, 112.320.
33. In addition, the Commission’s 2022 Annual Report (as well as previous annual
reports) expressly requested that the Legislature enact legislation to require that elected municipal
officials complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual
Report to the Florida Legislature for Calendar Year 2022, pg. 23,
https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425
(last accessed February 12, 2024).
34. The only justification given by the Commission for its recommendation was:
Elected municipal officials are very important and administer vast amounts of
public resources. For these, and other reasons, their disclosure should be on par
with that of county officials and others who file Form 6, rather than Form 1. The
Commission believes the enhanced disclosure should be applied to all elected
municipal officials regardless of the population or revenue of the municipality.
35. Nowhere in its report did the Commission conclude that there has been an increase
in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any
way was insufficient to the task of guarding against those governmental ills. In short, the
Commission justified its recommendation merely by noting that municipal officials should have
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to disclose the same information others already disclose, without regard to the municipality’s
population, revenue, annual budget, or any elected municipal compensation amount, if any.
36. All acts alleged herein by Defendants and their agents, servants, employees, or
persons acting on their behalf were done and are continuing to be done under color of state law.
37. Plaintiffs bring this action against the state officers (namely, the members of the
Commission) who have the responsibility to enforce the Form 6 requirement against municipal
elected officials (including Plaintiffs) and seek only prospective equitable relief to end the
continuing violations of the First Amendment to the United States Constitution.
BACKGROUND
A. History of Ethical Standards in Florida
38. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws
regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation
or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure
of certain information, doing business with one’s agency, conflicting employment, lobbying
restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure.
See generally Fla. Stat., Chapter 112.
39. The interests that the financial disclosures are intended to serve are stated by the
Commission: “Financial disclosure is required of public officials and employees because it enables
the public to evaluate potential conflicts of interest, deters corruption, and increases public
confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information,
www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024.
40. In 1976, the Florida Constitution was amended to require that all elected, state
constitutional officers annually file a full and public disclosure of their financial interests, which
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is done through the state-adopted Form 6, requiring the disclosure of highly personal financial
information. See Fla. Const. Art. II, § 8; Fla. Stat. § 112.3144; Exh. B.
41. The Form 6 requirement did not apply to elected municipal officials or candidates
for municipal office prior to January 1, 2024.
B. The Change from Form 1 to Form 6 for Elected Municipal Officials
42. Instead, prior to January 1, 2024, elected municipal officials were required to make
a more limited financial disclosure that nevertheless provides sufficient information to satisfy the
interests of preventing conflicts of interest and public corruption and increasing public confidence
in government. See Fla. Stat. § 112.3145. The elected municipal officials’ financial disclosure was
done through the state-adopted Form 1. Exh. A.
43. In the 2023 legislative session, the Florida Legislature duly enacted (and the
Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended
(in relevant part) Fla. Stat. § 112.3144, to change the financial disclosure requirements to require,
as of January 1, 2024, that all elected municipal mayors and elected members of municipal
governing boards (and candidates for such offices) file a Form 6 financial disclosure, rather than
the previously required Form 1. See Fla. S.B. 774; Fla. Stat. §§ 99.061, 112.3144 (2023).
C. Comparison of Form 6 to Form 1
44. Form 6 is a highly intrusive and extreme level of required, public financial
disclosure, mandating the disclosure of private financial information unrelated to any official
duties and unnecessary to satisfy the interest of preventing conflicts of interest and public
corruption or increasing public confidence in government. See Exh. B.
45. Specifically, Form 6 requires that the official disclose:
(a) the official’s exact net worth, to the penny, (b) the exact aggregate value
of all household goods and personal effects, (c) the precise value of every
other asset individually valued at over $1,000 (including a description of
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the asset), (d) the exact outstanding amount of all liabilities in excess of
$1,000, including the name and address of the creditor, (e) every primary
source of income that exceeded $1,000 during the year, including the name
and address of the source of income and the precise amount of income, (f)
every secondary source of income in excess of $1,000 from any business of
which the official owns more than 5%, including the name of the business
entity, the major sources of business income (namely, any that account for
10% or more of the business’s revenue), and the address and principal
business activity or source, and (g) any interest in certain specified types of
businesses.
See Exh. B.
46. In contrast, Form 1 requires that the official disclose:
(a) the name, address and principal business active for every primary
sources of income in excess of $2,500 (but not the amount), (b) every
secondary source of income in excess of $5,000 from any business of which
the official owns more than 5%, including the name of the business entity,
the major source of business income (any that account for 10% or more of
the business’s revenue), and the address and principal business activity or
source, (c) a description of all real property (but not the value) of which the
official had more than a 5% ownership interest, (d) a description (but not
the value) of intangible property owned by the official and valued at more
than $10,000, (e) the name and address of each creditor to whom the official
owed more than $10,000 (but not the amount owed), and (f) any interest in
certain specified types of businesses.
See Exh. A.
47. The information in Form 1 and Form 6 of each filer is made publicly available
through the Commission’s website.
COUNT I
COMPELLED, CONTENT-BASED SPEECH IN VIOLATION OF THE FIRST
AMENDMENT OF THE U.S. CONSTITUTION, PURSUANT TO 42 U.S.C. § 1983
48. Plaintiffs reallege and incorporate by reference the allegations contained in
paragraphs 1 through 47, as if fully set forth herein.
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49. The First Amendment to the United States Constitution, as applied to the States by
the Fourteenth Amendment, prohibits the government, including Defendants, from abridging
Plaintiffs’ freedom of speech though government-compelled speech.
50. The First Amendment’s speech rights include the right to speak freely, the right to
refrain from speaking at all, and the right not to speak certain words or messages.
51. The statements required by Fla. Stat. § 112.3144, through Form 6, constitute non-
commercial, compelled speech from Plaintiffs in violation of the First Amendment.
52. Specifically, Fla. Stat. § 112.3144 unconstitutionally compels Plaintiffs to make
invasive, public disclosures about their personal finances through Form 6.
53. The required disclosures of Fla. Stat. § 112.3144, through Form 6, are content-
based speech because they compel individuals to speak a particular message. Compelled speech is
no less compelled and no less speech because it is required to be in writing.
54. For example, among many other things, on July 1, 2024, each Plaintiff will be
forced to say the words: “My Net Worth as of December 31, 2023 was $_________.” See Exh. B
at 1.
55. Plaintiffs would not otherwise engage in such non-commercial, content-based
speech (namely, publicly disclosing to the public their exact net worth, income, asset values and
other personal financial information required in Form 6) but for the requirements of Fla. Stat. §
112.3144 and the threat of fines, penalties and other enforcement mechanisms set forth in Fla. Stat.
§ 112.317.
56. The compelled speech in Form 6, as required by Fla. Stat. § 112.3144, is readily
reviewable (now and for many years to come) by the public on the Internet, and the information
in each filed Form 6 is clearly and readily associated with the individual filer (i.e., via the name of
each individual Plaintiff).
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57. Because the compelled speech is effectuated through state statute, the constitutional
deprivation at issue here is caused by official policy of the state and under color of state law.
58. Although Plaintiffs recognize the government’s interest in preventing conflicts of
interest, deterring corruption, and increasing public confidence in government, Fla. Stat. §
112.3144, as amended by SB 744, and the application of Form 6 to elected municipal officials are
not narrowly tailored to achieve these interests.
59. Requiring Plaintiffs to make the additional, compelled speech required by Form 6
(as opposed to the statements previously required through Form 1) are not the least restrictive
means to accomplish any compelling government purpose.
60. Accordingly, an actual controversy exists between Plaintiffs and Defendants, each
of whom have adverse legal interests of sufficient immediacy to warrant the issuance of a
declaratory judgment and injunctive relief.
WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor:
A. Declaring, pursuant to 28 U.S.C. § 2201, 42 U.S.C. § 1983, and Rule 57, Fed. R.
Civ P., that Fla. Stat. § 112.3144 (2023) 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;
B. Enjoining, pursuant to 28 U.S.C. § 2202, 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;
C. Awarding Plaintiffs their costs and expenses (including attorneys’ fees) incurred in
bringing in this action, pursuant to 42 U.S.C. § 1988, 28 U.S.C. § 1920, and other applicable law;
and
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D. Granting such other relief as this Court deems just and proper.
Dated this 15th day of February, 2024.
WEISS SEROTA HELFMAN
COLE + BIERMAN P.L.
200 East Broward Blvd., Ste. 1900
Fort Lauderdale, FL 33301
Telephone: (954) 763-4242
Facsimile: (954) 764-7770
By: /s/ Jamie A. Cole
JAMIE A. COLE
Florida Bar No. 767573
jcole@wsh-law.com
msaraff@wsh-law.com
EDWARD G. GUEDES
Florida Bar No. 768201
eguedes@wsh-law.com
szavala@wsh-law.com
Counsel for Plaintiffs
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Exhibit A
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General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
Name of Source of Income Source's Address Description of the Source's
Principal Business Activity
PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Primary Sources of Income
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 .
Disclosure Period
SAMPLE Printed from the Florida EFDMS System Page 1 of 4
2023 Form 1 - Statement of Financial Interests
SAMPLE SAMPLE SAMPLE
E-FILING SAMPLECase 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 2 of 5
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Name of Business Entity Name of Major Sources
of Business' Income Address of Source Principal Business
Activity of Source
SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting
person) (If you have nothing to report, write “none” or “n/a”)
Secondary Sources of Income
REAL PROPERTY (Land, buildings owned by the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Location/Description
Real Property
Intangible Personal Property
INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000)
(If you have nothing to report, write “none” or “n/a”)
Type of Intangible Business Entity to Which the Property Relates
SAMPLE Printed from the Florida EFDMS System Page 2 of 4
2023 Form 1 - Statement of Financial Interests
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Name of Creditor Address of Creditor
LIABILITIES (Major debts valued over $10,000):
(If you have nothing to report, write “none” or “n/a”)
Liabilities
Interests in Specified Businesses
Business Entity # 1
INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses)
(If you have nothing to report, write “none” or “n/a”)
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
SAMPLE Printed from the Florida EFDMS System Page 3 of 4
2023 Form 1 - Statement of Financial Interests
E-FILING SAMPLECase 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 4 of 5
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Digitally signed:
Signature of Filer
Filed with COE:
SAMPLE Printed from the Florida EFDMS System Page 4 of 4
2023 Form 1 - Statement of Financial Interests
E-FILING SAMPLECase 1:24-cv-20604-XXXX Document 1-3 Entered on FLSD Docket 02/15/2024 Page 5 of 5
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Exhibit B
Case 1:24-cv-20604-XXXX Document 1-4 Entered on FLSD Docket 02/15/2024 Page 1 of 4
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General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
My Net Worth as of December 31, 2023 was $ [AMOUNT].
Net Worth
Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category
includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items;
art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether
owned or leased.
ASSETS INDIVIDUALLY VALUED AT OVER $1,000:
Description of Asset Value of Asset
Assets
The aggregate value of my household goods and personal effect is N/A.
SAMPLE Printed from the Florida EFDMS System Page 1 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
SAMPLE SAMPLE SAMPLE
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Name of Creditor Address of Creditor Amount of Liability
Name of Creditor Address of Creditor Amount of Liability
LIABILITIES IN EXCESS OF $1,000:
Liabilities
JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE:
Name of Source of Income Exceeding $1,000 Address of Source of Income Amount
Name of Business Entity Name of Major Sources of
Business Income Address of Source Principal Business
Activity of Source
Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of
income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments.
Please redact any social security or account numbers before attaching your returns, as the law requires these documents be
posted to the Commission’s website.
Income
PRIMARY SOURCES OF INCOME:
SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person):
o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments.
SAMPLE Printed from the Florida EFDMS System Page 2 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
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Digitally signed:
Signature of Reporting Official or Candidate
Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true.
Filed with COE:
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
Interests in Specified Businesses
Business Entity # 1
SAMPLE Printed from the Florida EFDMS System Page 3 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, FLORIDA
CASE NO.
TOWN OF BRINY BREEZES, FLORIDA, a
Florida municipal corporation;
CITY OF MIAMI SPRINGS, FLORIDA, a
Florida municipal corporation;
CITY OF LIGHTHOUSE POINT, FLORIDA, a
Florida municipal corporation;
TOWN OF PALM BEACH, FLORIDA, a
Florida municipal corporation;
NORTH BAY VILLAGE, FLORIDA, a Florida
municipal corporation;
TOWN OF GOLDEN BEACH, FLORIDA, a
Florida municipal corporation;
VILLAGE OF INDIAN CREEK, FLORIDA, a
Florida municipal corporation;
VILLAGE OF BAL HARBOUR, FLORIDA, a
Florida municipal corporation;
CITY OF WESTON, FLORIDA, a Florida
municipal corporation;
CITY OF DELRAY BEACH, FLORIDA, a
Florida municipal corporation;
CITY OF SAFETY HARBOR, FLORIDA, a
Florida municipal corporation;
COOPER CITY, FLORIDA, a Florida municipal
corporation;
CITY OF CORAL SPRINGS, FLORIDA, a
Florida municipal corporation;
CITY OF ST. AUGUSTINE, FLORIDA, a
Florida municipal corporation;
Filing # 192080225 E-Filed 02/15/2024 05:48:42 PM
34
2
CITY OF MARCO ISLAND, FLORIDA, a
Florida municipal corporation;
VILLAGE OF KEY BISCAYNE, FLORIDA, a
Florida municipal corporation;
CITY OF WILTON MANORS, FLORIDA, a
Florida municipal corporation;
CITY OF MARGATE, FLORIDA, a Florida
municipal corporation;
CITY OF DESTIN, FLORIDA, a Florida
municipal corporation;
CITY OF LAUDERHILL, FLORIDA, a Florida
municipal corporation;
CITY OF DEERFIELD BEACH, FLORIDA, a
Florida municipal corporation;
CITY OF AVENTURA, FLORIDA, a Florida
municipal corporation;
VILLAGE OF WELLINGTON, FLORIDA, a
Florida municipal corporation;
VILLAGE OF PINECREST, FLORIDA, a
Florida municipal corporation;
CITY OF NEW SMYRNA BEACH, FLORIDA,
a Florida municipal corporation;
CITY OF SEBASTIAN, FLORIDA, a Florida
municipal corporation;
PRESIDENT OF TOWN COUNCIL
ELIZABETH A. LOPER, ALDERMAN KEITH
J. BLACK, ALDERMAN KATHLEEN M.
GROSS and ALDERMAN WILLIAM BIRCH,
elected officials of the Town of Briny Breezes;
COUNCILMEMBERS WALTER FAJET and
JACKY BRAVO, elected officials of Miami
Springs, Florida;
35
3
COMMISSIONER PATRICIA PETRONE, an
elected official of Lighthouse Point, Florida;
MAYOR DANIELLE H. MOORE,
PRESIDENT OF TOWN COUNCIL
MARGARET A. ZEIDMAN, COUNCIL
MEMBER EDWARD A. COONEY, COUNCIL
MEMBER LEWIS CRAMPTON, COUNCIL
MEMBER JULIE ARASKOG and COUNCIL
MEMBER BOBBIE LINDSAY, elected
officials of the Town of Palm Beach, Florida;
MAYOR BRENT LATHAM, VICE MAYOR
RICHARD CHERVONY, and
COMMISSIONER ANDY ROTONDARO,
elected officials of North Bay Village, Florida;
MAYOR GLENN SINGER, an elected official
of the Town of Golden Beach, Florida;
MAYOR BERNARD KLEPACH, an elected
official of Indian Creek, Florida;
MAYOR JEFFREY P. FREIMARK, VICE-
MAYOR SETH E. SALVER, COUNCILMAN
DAVID ALBAUM, and COUNCILMAN
DAVID WOLF, elected officials of the Village
of Bal Harbour, Florida;
MAYOR MARGARET BROWN,
COMMISSIONER MARY MOLINA-MACFIE,
COMMISSIONER CHRIS EDDY,
COMMISSIONER HENRY MEAD, and
COMMISSIONER BYRON L. JAFFE, elected
officials of the City of Weston, Florida;
MAYOR SHELLY PETROLIA, VICE-
MAYOR RYAN BOYLSTON, DEPUTY
VICE-MAYOR ROB LONG,
COMMISSIONER ADAM FRANKEL, and
COMMISSIONER ANGELA BURNS, elected
officials of the City of Delray Beach, Florida;
MAYOR JOSEPH AYOUB, COMMISSIONER
ANDY STEINGOLD, COMMISSIONER
36
4
CARLOS DIAZ, COMMISSIONER NANCY J.
BESORE, and COMMISSIONER CLIFF
MERZ, elected officials of the City of Safety
Harbor, Florida;
COMMISSIONER JEREMY KATZMAN, an
elected official of Cooper City, Florida;
MAYOR SCOTT J. BROOK, VICE-MAYOR
SHAWN CERRA, COMMISSIONER JOSHUA
SIMMONS, COMMISSIONER JOY CARTER,
and COMMISSIONER NANCY METAYER
BOWEN, elected officials of the City of Coral
Springs, Florida;
VICE-CHAIR ERIK BRECHNITZ, an elected
official of the City of Marco Island, Florida;
VICE MAYOR ARLENE SCHWARTZ,
COMMISSIONER ANTONIO V. ARSERIO,
COMMISSIONER JOANNE SIMONE, and
COMMISSIONER ANTHONY N.
CAGGIANO, elected officials of the City of
Margate, Florida;
MAYOR ROBERT T. WAGNER, COUNCIL
MEMBER JOHN STEPHENS III, COUNCIL
MEMBER TORY CJ GEILE, COUNCIL
MEMBER JAMES B. BAGBY, and COUNCIL
MEMBER TERESA R. HEBERT, elected
officials of the City of Destin, Florida;
MAYOR KENNETH R. THURSTON,
COMMISSIONER MELISSA P. DUNN, and
COMMISSIONER SARAI “RAY” MARTIN,
elected officials of the City of Lauderhill,
Florida,
MAYOR BILL GANZ, VICE-MAYOR
BERNIE PARNESS, COMMISSIONER BEN
PRESTON, and COMMISSIONER MICHAEL
HUDAK, elected officials of the City of
Deerfield Beach, Florida;
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VICE-MAYOR PAUL A. KRUSS and
COMMISSIONER RACHEL FRIEDLAND,
elected officials of the City of Aventura, Florida;
VICE-MAYOR MICHAEL NAPOLEONE,
COUNCILWOMAN TANYA SISKIND,
COUNCILMAN JOHN T. MCGOVERN, and
COUNCILMAN MICHAEL DRAHOS, elected
officials of the Village of Wellington;
MAYOR FRED CLEVELAND, elected official
of the City of New Smyrna Beach, Florida;
COUNCILMEMBER JENNIFER ANDREU,
elected official of the City of Plantation, Florida;
COUNCILMEMBER KEM E. MASON, elected
official of the Town of Lantana, Florida, and
MAYOR CHARLES EDWARD DODD, VICE
MAYOR KELLY DIXON, COUNCIL
MEMBER FREDERICK B. JONES, COUNCIL
MEMBER BOB MCPARTLAN, AND
COUNCIL MEMBER CHRISTOPHER NUNN,
elected officials of the City of Sebastian, Florida,
Plaintiffs,
vs.
ASHLEY LUKIS, in her official capacity as
Chair of the Florida Commission on Ethics;
MICHELLE ANCHORS, in her official capacity
as Vice Chair of the Florida Commission on
Ethics; WILLIAM P. CERVONE, in his official
capacity as a Member of the Florida Commission
on Ethics; TINA DESCOVICH, in her official
capacity as Member of the Florida Commission
on Ethics; FREDDIE FIGGERS, in his official
capacity as a Member of the Florida Commission
on Ethics; LUIS M. FUSTE, in his official
capacity as a Member of the Florida Commission
on Ethics; and WENGAY M. NEWTON, SR., in
his official capacity as a Member of the Florida
Commission on Ethics,
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Defendants.
COMPLAINT
Plaintiffs bring this action against Defendants for declaratory and injunctive relief, and
state as follows:
OVERVIEW
1. This is an action by a large number of Florida municipalities and elected municipal
officials challenging a recently enacted law (“SB 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.
2. SB 774 amended, among other statutes, sections 112.3144, and 99.061, Florida
Statutes, and renders elected municipal officials and candidates subject to the financial disclosure
requirements of article II, section 8(j) of the Florida Constitution.
3. Prior to the enactment of SB 774, elected municipal officials and candidates were
required to provide financial disclosures via a document called “Form 1,” pursuant to section
112.3145, Florida Statutes, but were not subject to the requirements of article II, section 8(j).
However, sections 112.3144 and 99.061, as amended by SB 774 in 2023, make all elected
municipal officers and candidates subject to the filing requirements of “Form 6,” which demands
much more intrusive financial disclosures as outlined in the Florida Constitution and section
112.3144. A copy of Form 1 is attached as Exhibit A, and a copy of Form 6 is attached as Exhibit
B.
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4. Forcing municipal elected officials and candidates to publicly disclose such private
information impairs their right to privacy under the Floria Constitution. Because the right to
privacy is enumerated as a fundamental right, any such impairment is impermissible unless it is
the least restrictive means of achieving a compelling state interest.
5. Rather than being the least restrictive means of accomplishing a compelling state
interest, the new financial disclosure requirements imposed on municipal officials and candidates
through SB 774 are the most restrictive means available—stricter and more onerous than those
required of federal elected officials (including the President of the United States) and of elected
officials in other states throughout the country.
6. The additional financial information required to be disclosed by Form 6 (e.g., the
exact net worth, exact income, and precise values of household goods and other assets and
liabilities), as compared to Form 1, has little bearing, if any, on an elected official’s municipal
service, does not prevent conflicts of interest or public corruption, and does not increase public
confidence in government.
7. Form 1 is a less restrictive alternative means of accomplishing the same
governmental interests, as would be the less onerous disclosure forms used by the federal
government or any of the other states in the United States.
8. Indeed, municipal elected officials and candidates operated under the requirements
of Form 1 for decades, and nothing in the Legislature’s enactment of the new Form 6 requirement
reflected that Form 1 was insufficient and necessitated a change.
9. As such, this action seeks an order (i) declaring the 2023 amendments to sections
112.3144 and 99.061, Florida Statutes, related to elected municipal officials and candidates and
any penalties arising therefrom, including those in section 112.317, Florida Statutes, violate Article
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1, Section 23 of the Florida Constitution, and (ii) enjoining Defendants from enforcing the
disclosure requirements.
JURISDICTION AND VENUE
10. This is an action for declaratory relief, pursuant to Chapter 86, Florida Statutes,
seeking to declare that the 2023 amendments to sections 112.3144 and 99.061, Florida Statutes,
and any penalties arising therefrom, including those in section 112.317, Florida Statutes, are
unconstitutional and invalid. The Court has jurisdiction to grant declaratory relief. See §§ 86.011,
86.021, 86.101, Fla. Stat. The Court further has jurisdiction to grant supplemental relief, including
injunctive relief. § 86.061, Fla. Stat.
11. Venue is proper in Leon County because Defendants are all members of the
Commission on Ethics, which is located and conducts business in Leon County, Florida. In
addition, any enforcement of the Form 6 requirement would take place in Leon County, Florida.
12. All conditions precedent to the institution of this lawsuit have been, or will be,
satisfied or waived.
THE PARTIES
13. The Plaintiffs in this action consist of Florida municipalities and current elected
officials of Florida municipalities.
A. The Municipal Plaintiffs
14. The Florida municipal plaintiffs, each of which is an incorporated municipality
existing under the laws of the State of Florida (collectively, “Municipal Plaintiffs”), consist of:
a. Town of Briny Breezes, located in Palm Beach County, Florida;
b. City of Miami Springs, located in Miami-Dade County, Florida;
c. City of Lighthouse Point, located in Broward County, Florida;
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d. Town of Palm Beach, located in Palm Beach County, Florida;
e. North Bay Village, located in Miami-Dade County, Florida;
f. Town of Golden Beach, located in Miami-Dade County, Florida;
g. Village of Indian Creek, located in Miami-Dade County, Florida;
h. Village of Bal Harbour, located in Miami-Dade County, Florida;
i. City of Weston, located in Broward County, Florida;
j. City of Delray Beach, located in Palm Beach County, Florida;
k. City of Safety Harbor, located in Pinellas County, Florida;
l. Cooper City, located in Broward County, Florida;
m. City of Coral Springs, located in Broward County, Florida;
n. City of St. Augustine, located in St. Johns County, Florida;
o. City of Marco Island, located in Collier County, Florida;
p. Village of Key Biscayne, located in Miami-Dade County, Florida;
q. City of Wilton Manors, located in Broward County, Florida;
r. City of Margate, located in Broward County, Florida;
s. City of Destin, located in Okaloosa County, Florida;
t. City of Lauderhill, located in Broward County, Florida;
u. City of Deerfield Beach, located in Broward County, Florida;
v. City of Aventura, located in Miami-Dade County, Florida;
w. Village of Wellington, located in Palm Beach County, Florida;
x. Village of Pinecrest, located in Miami-Dade County, Florida;
y. City of New Smyrna Beach, located in Volusia County, Florida, and
z. City of Sebastian, located in Indian River County, Florida.
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15. As a result of SB 774, as of January 1, 2024, each elected member of, and candidate
for, the governing body of every Municipal Plaintiff herein is required to file a Form 6.
16. The Municipal Plaintiffs each have a strong interest in having qualified people run
for, and continue to serve in, municipal elected office. The Form 6 requirement will deter qualified
people from running for and serving in elected office in the Municipal Plaintiffs. In fact, the Florida
League of Cities has advised that, throughout Florida, over 100 municipal elected officials have
already resigned rather than be subjected to the filing of a Form 6 financial disclosure, significantly
disrupting the operations of those municipalities.
17. For example, in plaintiff Briny Breezes, former Mayor Gene Adams, former
Council President Christina Adams, and former Alderman and Council President Sue Thaler all
resigned in December 2023 because of the Form 6 requirement. As a result of resignations,
municipalities, including Municipal Plaintiffs, have been (and/or will be) forced to expend
significant public funds for filling vacancies, including temporary appointments and special
elections. In addition, the vacancies have disrupted municipal operations.
18. In addition, pursuant to section 112.3144(9), a municipal elected official can be
subject to “an order recommending that the officer or employee be removed from his or her public
office” for refusing to file the Form 6, potentially creating even more vacancies, disrupting
Municipal Plaintiffs’ operations, and causing the additional expenditure of public funds to fill
those vacancies.
19. The Florida Legislature has expressly recognized the strong interest of the
Municipal Plaintiffs to attract qualified candidates to run for and hold office, and the importance
of ensuring that ethics laws not deter people from seeking municipal elected office:
It is also essential that government attract those citizens best qualified to serve.
Thus, the law against conflict of interest must be so designed as not to impede
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unreasonably or unnecessarily the recruitment and retention by government of
those best qualified to serve. Public officials should not be denied the opportunity,
available to all other citizens, to acquire and retain private economic interests
except when conflicts with the responsibility of such officials to the public cannot
be avoided.
§ 112.311, Fla. Stat. The application of the Form 6 disclosure requirement does precisely what the
law says it is not to do, to the detriment of the Municipal Plaintiffs: it “impede[s] unreasonably or
unnecessarily the recruitment and retention by government of those best qualified to serve.”
Indeed, its impact is particularly felt at the municipal level where local legislators volunteer to
serve their fellow residents, often with little or no compensation.
20. The Municipal Plaintiffs thus have a statutorily recognized interest in ensuring that
qualified candidates run for office and remain in office and thus have a substantial interest in this
action.
B. The Elected Official Plaintiffs
21. The “Elected Official Plaintiffs” consist of the following, each of whom is currently
serving as a municipal elected official:
a. Town of Briny Breezes President of Town Council Elizabeth A. Loper;
b. Town of Briny Breezes Alderman Keith J. Black;
c. Town of Briny Breezes Alderman Kathleen M. Gross;
d. Town of Briny Breezes Alderman William Birch;
e. City of Miami Springs Councilmember Walter Fajet;
f. City of Miami Springs Councilmember Jacky Bravo;
g. City of Lighthouse Point Commissioner Patricia Petrone;
h. Town of Palm Beach Mayor Danielle H. Moore;
i. Town of Palm Beach President of Town Council Margaret A. Zeidman;
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j. Town of Palm Beach Council Member Edward A. Cooney;
k. Town of Palm Beach Council Member Lewis Crampton;
l. Town of Palm Beach Council Member Julie Araskog;
m. Town of Palm Beach Council Member Bobbie Lindsay;
n. North Bay Village Mayor Brent Latham;
o. North Bay Village Vice Mayor Richard Chervony;
p. North Bay Village Commissioner Andy Rotondaro;
q. Golden Beach Mayor Glenn Singer;
r. Indian Creek Mayor Bernard Klepach;
s. Village of Bal Harbour Mayor Jeffrey P. Freimark ;
t. Village of Bal Harbour Vice-Mayor Seth E. Salver;
u. Village of Bal Harbour Councilman David Albaum;
v. Village of Bal Harbour Councilman David Wolf;
w. City of Weston Mayor Margaret Brown;
x. City of Weston Commissioner Mary Molina-Macfie;
y. City of Weston Commissioner Chris Eddy;
z. City of Weston Commissioner Henry Mead;
aa. City of Weston Commissioner Byron L. Jaffe;
bb. City of Delray Beach Mayor Shelly Petrolia;
cc. City of Delray Beach Vice Mayor Ryan Boylston;
dd. City of Delray Beach Deputy Vice-Mayor Rob Long;
ee. City of Delray Beach Commissioner Adam Frankel;
ff. City of Delray Beach Commissioner Angela Burns;
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gg. City of Safety Harbor Mayor Joseph Ayoub;
hh. City of Safety Harbor Commissioner Andy Steingold;
ii. City of Safety Harbor Commissioner Carlos Diaz;
jj. City of Safety Harbor Commissioner Nancy J. Besore;
kk. City of Safety Harbor Commissioner Cliff Merz;
ll. Cooper City Commissioner Jeremy Katzman;
mm. City of Coral Springs Mayor Scott J. Brook;
nn. City of Coral Springs Vice Mayor Shawn Cerra;
oo. City of Coral Springs Commissioner Joshua Simmons;
pp. City of Coral Springs Commissioner Joy Carter;
qq. City of Coral Springs Commissioner Nancy Metayer Bowen;
rr. City of Marco Island Vice-Chair Erik Brechnitz;
ss. City of Margate Vice-Mayor Arlene Schwartz;
tt. City of Margate Commissioner Antonio V. Arserio;
uu. City of Margate Commissioner Joanne Simone;
vv. City of Margate Commissioner Anthony N. Caggiano;
ww. City of Destin Mayor Robert T. Wagner;
xx. City of Destin Council Member John Stephens III;
yy. City of Destin Council Member Torey CJ Geile;
zz. City of Destin Council Member James B. Bagby;
aaa. City of Destin Council Member Teresa R. Hebert;
bbb. City of Lauderhill Mayor Kenneth R. Thurston;
ccc. City of Lauderhill Commissioner Melissa P. Dunn;
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ddd. City of Lauderhill Commissioner Sarai “Ray” Martin;
eee. City of Deerfield Beach Mayor Bill Ganz;
fff. City of Deerfield Beach Vice-Mayor Bernie Parness;
ggg. City of Deerfield Beach Commissioner Ben Preston;
hhh. City of Deerfield Beach Commissioner Michael Hudak;
iii. City of Aventura Vice-Mayor Paul A. Kruss;
jjj. City of Aventura Commissioner Rachel Friedland;
kkk. Village of Wellington Vice-Mayor Michael Napoleone;
lll. Village of Wellington Councilwoman Tanya Siskind;
mmm. Village of Wellington Councilwoman John T. McGovern;
nnn. Village of Wellington Councilwoman Michael Drahos;
ooo. City of New Smyrna Beach Mayor Fred Cleveland;
ppp. City of Plantation Councilmember Jennifer Andreu;
qqq. Town of Lantana Councilmember Kem E. Mason;
rrr. City of Sebastian Mayor Charles Edward Dodd;
sss. City of Sebastian Vice Mayor Kelly Dixon;
ttt. City of Sebastian Council Member Frederick B. Jones;
uuu. City of Sebastian Council Member Bob McPartlan; and
vvv. City of Sebastian Council Member Christopher Nunn.
22. The Elected Official Plaintiffs are each elected Mayors or members of the governing
bodies of incorporated municipalities existing under the laws of the State of Florida, who are
currently in office.
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23. As a result of the passage of SB 774, as of January 1, 2024, each Elected Official
Plaintiff is subject to the Form 6 financial disclosure requirements of section 8, article II of the
Florida Constitution, and section 112.3144, Florida Statutes, and are further subject to the fines,
penalties and other enforcement mechanisms outlined therein and in sections 112.317 and 112.324,
Florida Statutes, if they do not timely file Form 6 financial disclosures.
24. Each Elected Official Plaintiff is therefore required to file the requisite Form 6
(rather than the prior Form 1) on or before July 1, 2024.
25. The failure of any municipal elected official to file a Form 6, including each Elected
Official Plaintiff, subjects him or her to a daily fine of $25 per day up to a maximum of $1,500
and, following an investigation and public hearing, a potential civil penalty of up to $20,000 and,
among other things, a potential recommendation of removal from office. See §§ 112.3144(8)(f),
112.324(4), 112.317, Fla. Stat.
26. The Elected Official Plaintiffs now face the Hobson’s choice of either sacrificing
their constitutionally protected right to privacy by filing a Form 6 on or before the imminent
deadline of July 1, 2024, as now required by section 112.3144, or face fines, penalties, and other
enforcement, including the possible removal from office. Throughout Florida, more than 100
municipal elected officials have resigned rather than agree to surrender their constitutionally
protected privacy. The Elected Official Plaintiffs strongly desire to continue to serve the public
and have therefore not yet resigned, but instead have chosen to challenge the new requirement.
27. Accordingly, the Elected Official Plaintiffs each has a significant interest in this
action.
C. The Defendants
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28. Defendant, Ashley Lukis (“Lukis”) is the Chair and a Member of the Florida
Commission on Ethics (“Commission”), a commission existing pursuant to article II, section
8(h)(1) of the Florida Constitution and section 112.320, Florida Statutes. Lukis is sued in her
official capacity as Chair of the Commission.
29. Defendant, Michelle Anchors (“Anchors”) is the Vice Chair and a Member of the
Commission. Anchors is sued in her official capacity as Vice Chair of the Commission.
30. Defendant, William P. Cervone (“Cervone”) is a Member of the Commission.
Cervone is sued in his official capacity as Member of the Commission.
31. Defendant Tina Descovich (“Descovich”) is a Member of the Commission.
Descovich is sued in her official capacity as Member of the Commission.
32. Defendant, Freddie Figgers (“Figgers”) is a Member of the Commission. Figgers is
sued in his official capacity as Member of the Commission.
33. Defendant, Luis Fuste (“Fuste”) is a Member of the Commission. Fuste is sued in
his official capacity as Member of the Commission.
34. Defendant, Wengay M. Newton, Sr. (“Newton”) is a Member of the Commission.
Newton is sued in his official capacity as Member of the Commission.
35. Lukis, Anchors, Cervone, Descovich, Figgers, Fuste, and Newton, collectively,
comprise the Commission.
36. “The Agency Head is the entire Commission, which is responsible for final agency
action.” See Statement of Organization and Operation of the Commission on Ethics,
https://www.ethics.state.fl.us/Documents/Ethics/statement%20of%20org.pdf?cp=2024127, last
accessed February 12, 2024.
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37. The Commission, through each Defendant, is charged with implementing and
enforcing the State’s financial disclosure laws, including, among many other things, the receipt of
the Form 6 disclosure forms, training regarding Form 6, investigating alleged violations regarding
Form 6 filings, imposing fines for failure to file Form 6, holding enforcement hearings regarding
failure to file Form 6, making recommendations of removal from office for failure to file Form 6,
and rendering legally binding advisory opinions regarding Form 6. See Art II, § 8(g), Fla. Const.;
§§ 112.3144, 112.317, 112.320, Fla. Stat.
38. The Commission is also required to identify every person required to file Form 6,
provide notice of said requirements to each person subject to these disclosures, and ensure
compliance with the disclosure requirements by each person subject thereto. See Art II, § 8(g), Fla.
Const.; §§ 112.3144, 112.317, 112.320, Fla. Stat.
39. In addition, the Commission’s 2022 Annual Report (as well as previous annual
reports) expressly requested that the Legislature enact legislation to require municipal elected
officials to complete Form 6, rather than Form 1, leading to the enactment of SB 774. See Annual
Report to the Florida Legislature for Calendar Year 2022, p. 23,
https://ethics.state.fl.us/Documents/Publications/2022%20Annual%20Report.pdf?cp=202425
(last accessed February 12, 2024). The only justification given by the Commission for its
recommendation was:
Elected municipal officials are very important and administer vast amounts of
public resources. For these, and other reasons, their disclosure should be on par
with that of county officials and others who file Form 6, rather than Form 1. The
Commission believes the enhanced disclosure should be applied to all elected
municipal officials regardless of the population or revenue of the municipality.
40. Nowhere in its report did the Commission conclude that there has been an increase
in the need to oppose corruption or conflicts of interest at the municipal level or that Form 1 in any
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way was insufficient to the task of guarding against those governmental ills. In short, the
Commission justified its recommendation merely by noting that municipal officials should have
to disclose the same information others already disclose, without regard to the municipality’s
population, revenue, annual budget, or any elected municipal compensation amount, if any.
41. Plaintiffs bring this action against the state officers (namely, the members of the
Commission) who have the responsibility to enforce the Form 6 requirement against municipal
elected officials (including the Elected Official Plaintiffs) and seek only declaratory and injunctive
relief to end the continuing violations of Article 1, Section 23 of the Florida Constitution. Plaintiffs
do not seek damages in this action.
BACKGROUND
A. History of Ethical Standards in Florida
42. Beginning in the late 1960s, the Florida Legislature has enacted numerous laws
regulating ethical conduct for Florida’s elected officials, including laws related to the solicitation
or acceptance of gifts, unauthorized compensation, misuse or abuse of public position, disclosure
of certain information, doing business with one’s agency, conflicting employment, lobbying
restrictions, dual public employment, anti-nepotism, conflicts of interest, and financial disclosure.
See generally Chapter 112, Fla. Stat.
43. The interests that the financial disclosures are intended to serve are stated by the
Commission: “Financial disclosure is required of public officials and employees because it enables
the public to evaluate potential conflicts of interest, deters corruption, and increases public
confidence in government.” See Florida Commission on Ethics, Financial Disclosure Information,
www.ethics.state.fl.us/FinancialDisclosure/Index.aspx, last accessed February 12, 2024.
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44. In 1976, the Florida Constitution was amended to require that all elected state
constitutional officers annually file a full and public disclosure of their financial interests, which
is done through the state-adopted Form 6, which requires the disclosure of highly personal
financial information. See Art. II, § 8, Fla Const.; § 112.3144, Fla. Stat. See also Exh. B.
45. The Form 6 requirement did not apply to elected municipal officials or candidates
for elected municipal office prior to 2024.
B. The Change from Form 1 to Form 6 For Elected Municipal Officials
46. Instead, until 2024, elected municipal officials have been required to make a more
limited financial disclosure that nevertheless provides sufficient information to satisfy the interest
of preventing conflicts of interest and public corruption and increasing public confidence in
government. See § 112.3145, Fla. Stat. The elected municipal officials’ financial disclosure has
for years been accomplished through the use of Form 1. See Exh. A.
47. In the 2023 legislative session, the Florida Legislature duly enacted (and the
Governor signed) SB 774, which was codified at Laws of Florida 2023-09, and which amended
(in relevant part) sections 99.061, 112.3144 and 112.317, Florida Statutes to change the financial
disclosure requirements to now require that all elected municipal mayors and elected members of
the governing board (and candidates for such offices) file a Form 6 financial disclosure, rather than
the previously required Form 1. See S.B. 774; § 112.3144, Fla. Stat. (2023).
C. Comparison of Form 6 to Form 1
48. Form 6 represents a highly intrusive and extreme level of required financial
disclosure, mandating the disclosure of private financial information unrelated to any official
duties and unnecessary to satisfy the interest of preventing conflicts of interest and public
corruption or increasing public confidence in government.
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49. Specifically, Form 6 requires that the official disclose:
(a) the official’s exact net worth, to the penny, (b) the exact aggregate value
of all household goods and personal effects, (c) the precise value of every
other asset individually valued at over $1,000 (including a description of
the asset), (d) the exact outstanding amount of all liabilities in excess of
$1,000, including the name and address of the creditor, (e) every primary
source of income that exceeded $1,000 during the year, including the name
and address of the source of income and the precise amount of income, (f)
every secondary source of income in excess of $1,000 from any business of
which the official owns more than 5%, including the name of the business
entity, the major sources of business income (namely, any that account for
10% or more of the business’s revenue), and the address and principal
business activity or source, and (g) any interest in certain specified types of
businesses.
See Exh. A.
50. In contrast, Form 1 requires that the official disclose:
(a) the name, address and principal business active for every primary
sources of income in excess of $2,500 (but not the amount), (b) every
secondary source of income in excess of $5,000 from any business of which
the official owns more than 5%, including the name of the business entity,
the major source of business income (any that account for 10% or more of
the business’s revenue), and the address and principal business activity or
source, (c) a description of all real property (but not the value) of which the
official had more than a 5% ownership interest, (d) a description (but not
the value) of intangible property owned by the official and valued at more
than $10,000, (e) the name and address of each creditor to whom the official
owed more than $10,000 (but not the amount owed), and (f) any interest in
certain specified types of businesses.
See Exh. B.
51. The information in Form 1 and Form 6 of each filer is made publicly available
through the Commission’s website.
D. The Applicable Constitutional Protection
52. In 1980, the voters of Florida amended the Florida Constitution by adopting Article
1, Section 23, the “Right to Privacy,” which states that “[e]very natural person has the right to be
let alone and free from governmental intrusion into the person’s private life except as otherwise
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provided herein.” The only limitation on this right codified in the Florida Constitution is that the
right “shall not be construed to limit the public’s right of access to public records and meetings as
provided by law.” Art. I, § 23, Fla. Const.
53. Because the right to privacy is a fundamental right within Florida’s constitution,
the Florida Supreme Court has required that any law intruding on that right is presumptively
unconstitutional and must be justified by a “compelling state interest” which the law serves or
protects through the “least restrictive means.” See, e.g., Winfield v. Div. of Pari-Mutuel Wagering,
477 So. 2d 544 (Fla. 1985).
E. The Impact of the Change from Form 1 to Form 6 for Municipal Elected Officials
54. The imposition of the Form 6 disclosure requirements at the municipal level (a)
represents an unwarranted intrusion into the privacy of municipal elected officials, most of whom
receive little or no compensation for their service; (b) unnecessarily risks the safety of such
officials (making them targets of, among other things, robbery, identity theft, and extortion); and
(c) will deter many otherwise qualified and interested citizens from running for local office.
55. The Florida League of Cities has indicated that over 100 elected municipal officials
resigned on or before December 31, 2023, stating that they did not want to be subject to the Form
6 filing requirement (which applies to municipal elected officials in office beginning on January
1, 2024).
56. Requiring that uncompensated (or minimally compensated) municipal elected
officials disclose their precise net worth, income and assets does not serve (let alone constitute the
least restrictive means of serving) any compelling interest. Form 1 disclosures have for years
provided sufficient transparency to inform the public of potential conflicts, prevent corruption, and
create public confidence in government.
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COUNT I
VIOLATION OF RIGHT TO PRIVACY UNDER FLORIDA CONSTITUTION
57. The Plaintiffs reallege and incorporate by reference the allegations contained in
paragraphs 1 through 56, inclusive, as if fully set forth herein.
58. This count is an action for declaratory judgment, pursuant to sections 86.011, et.
seq., Florida Statutes, seeking a declaration from the Court that the requirement in section
112.3144, Florida Statutes, that municipal elected officials file Form 6 financial disclosures
violates article I, section 23 of the Florida Constitution, and is therefore unconstitutional and
invalid, and to enjoin the enforcement thereof.
59. Any law that intrudes on Florida’s Constitutional right to privacy under article 1,
section 23 is presumptively unconstitutional and must be justified by a “compelling state interest”
which the law serves or protects through the “least restrictive means.”
60. Form 6 requires the disclosure of highly private and confidential financial
information that the Elected Official Plaintiffs have kept private and desire to continue to keep
private.
61. Once disclosure occurs through the filing of Form 6 with the Commission, the
highly private financial information will be readily available on the Internet by anyone for many
years to come and will be readily associated with the individual filer.
62. Although Plaintiffs recognize the government’s interest in preventing conflicts of
interest and deterring corruption, SB 774’s expansion of section 112.3144 and the requirements of
Form 6 to municipal elected officials and candidates is not narrowly tailored to achieve this
interest.
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63. The highly intrusive disclosures required by Form 6 (as opposed to Form 1 or the
forms used by the federal government and every other state in the United States) are not the least
restrictive means to accomplish any compelling government purpose.
64. An actual controversy exists between Plaintiffs and Defendants, who have adverse
legal interests of sufficient immediacy to warrant the issuance of a declaratory judgment and
injunctive relief.
65. All elements necessary to support a cause of action for declaratory relief are
present:
a. There is a bona fide, actual, present need for a declaration that the requirement in
section 112.3144, Florida Statutes, that municipal elected officials file Form 6
financial disclosures violates article I, section 23 of the Florida Constitution.
b. The declaration sought deals with a present controversy as to an ascertainable set
of facts.
c. Plaintiffs’ constitutionally protected rights and privileges are dependent upon the
law applicable to the facts.
d. The Plaintiffs and the Defendants have an actual, present, adverse, and antagonistic
interest in the subject matter of this Complaint.
e. The antagonistic and adverse interests are all before this Court.
f. The relief sought is not merely the giving of legal advice or providing the answer
to a question propounded from curiosity, but stems from an actual controversy.
Prayer for Relief
WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor:
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A. Declaring that the requirement in section 112.3144, Florida Statutes, that municipal
elected officials (including the Elected Official Plaintiffs) and candidates file Form
6 financial disclosures violates Article I, Section 23 of the Florida Constitution.
B. Pursuant to the Court’s power to grant supplemental relief under section 86.061,
Florida Statutes, temporarily and permanently enjoining the Defendants from
enforcing section 112.3144 (including the imposition of any fines, penalties, or other
enforcement) arising from the failure of any of the Elected Official Plaintiffs or
candidates or elected official of any of the Municipal Plaintiffs, for the failure to file
a Form 6.
C. Awarding Plaintiffs their costs incurred in bringing this action, and
D. Granting such other relief as this Court deems just and proper.
Dated this 15th day of February, 2024.
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
200 East Broward Blvd., Ste. 1900
Fort Lauderdale, FL 33301
Telephone: (954) 763-4242
By: s/ Jamie A. Cole
JAMIE A. COLE
Florida Bar No. 767573
jcole@wsh-law.com
msaraff@wsh-law.com
EDWARD G. GUEDES
Florida Bar No. 768103
eguedes@wsh-law.com
szavala@wsh-law.com
Counsel for Plaintiffs
57
25
Kimberly Romano Kopp, Esq.
Florida Bar No. 0684511
Romano Kopp Law, P.A.
P.O. Box 5524
Destin, Florida 32541
Phone: (407) 430-7070
Email: kkopp@romanokopplaw.com
Email: tsander@romanokopplaw.com
Co-Counsel for City of Destin, Florida
58
Exhibit A
59
General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
Name of Source of Income Source's Address Description of the Source's
Principal Business Activity
PRIMARY SOURCE OF INCOME (Over $2,500) (Major sources of income to the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Primary Sources of Income
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2023 .
Disclosure Period
SAMPLE Printed from the Florida EFDMS System Page 1 of 4
2023 Form 1 - Statement of Financial Interests
SAMPLE SAMPLE SAMPLE
E-FILING SAMPLE60
Name of Business Entity Name of Major Sources
of Business' Income Address of Source Principal Business
Activity of Source
SECONDARY SOURCES OF INCOME (Major customers, clients, and other sources of income to businesses owned by the reporting
person) (If you have nothing to report, write “none” or “n/a”)
Secondary Sources of Income
REAL PROPERTY (Land, buildings owned by the reporting person)
(If you have nothing to report, write “none” or “n/a”)
Location/Description
Real Property
Intangible Personal Property
INTANGIBLE PERSONAL PROPERTY (Stocks, bonds, certificates of deposit, etc. over $10,000)
(If you have nothing to report, write “none” or “n/a”)
Type of Intangible Business Entity to Which the Property Relates
SAMPLE Printed from the Florida EFDMS System Page 2 of 4
2023 Form 1 - Statement of Financial Interests
E-FILING SAMPLE61
Name of Creditor Address of Creditor
LIABILITIES (Major debts valued over $10,000):
(If you have nothing to report, write “none” or “n/a”)
Liabilities
Interests in Specified Businesses
Business Entity # 1
INTERESTS IN SPECIFIED BUSINESSES (Ownership or positions in certain types of businesses)
(If you have nothing to report, write “none” or “n/a”)
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
SAMPLE Printed from the Florida EFDMS System Page 3 of 4
2023 Form 1 - Statement of Financial Interests
E-FILING SAMPLE62
Digitally signed:
Signature of Filer
Filed with COE:
SAMPLE Printed from the Florida EFDMS System Page 4 of 4
2023 Form 1 - Statement of Financial Interests
E-FILING SAMPLE63
Exhibit B
64
General Information
Name:
County:
Address:
DISCLOSURE FILER
SAMPLE ADDRESS
SAMPLE COUNTY
AGENCY INFORMATION
Organization Suborganization Title
PID SAMPLE
My Net Worth as of December 31, 2023 was $ [AMOUNT].
Net Worth
Household goods and personal effects may be reported in a lump sum if their aggregate value exceeds $1,000. This category
includes any of the following, if not held for investment purposes: jewelry; collections of stamps, guns, and numismatic items;
art objects; household equipment and furnishings; clothing; other household items; and vehicles for personal use, whether
owned or leased.
ASSETS INDIVIDUALLY VALUED AT OVER $1,000:
Description of Asset Value of Asset
Assets
The aggregate value of my household goods and personal effect is N/A.
SAMPLE Printed from the Florida EFDMS System Page 1 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
SAMPLE SAMPLE SAMPLE
E-FILING SAMPLE65
Name of Creditor Address of Creditor Amount of Liability
Name of Creditor Address of Creditor Amount of Liability
LIABILITIES IN EXCESS OF $1,000:
Liabilities
JOINT AND SEVERAL LIABILITIES NOT REPORTED ABOVE:
Name of Source of Income Exceeding $1,000 Address of Source of Income Amount
Name of Business Entity Name of Major Sources of
Business Income Address of Source Principal Business
Activity of Source
Identify each separate source and amount of income which exceeded $1,000 during the year, including secondary sources of
income. Or attach a complete copy of your 2022 federal income tax return, including all W2s, schedules, and attachments.
Please redact any social security or account numbers before attaching your returns, as the law requires these documents be
posted to the Commission’s website.
Income
PRIMARY SOURCES OF INCOME:
SECONDARY SOURCES OF INCOME (Major customers, clients, etc. of businesses owned by reporting person):
o I elect to file a copy of my 2023 federal income tax return and all W2s, schedules, and attachments.
SAMPLE Printed from the Florida EFDMS System Page 2 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
E-FILING SAMPLE66
Digitally signed:
Signature of Reporting Official or Candidate
Under the penalties of perjury, I declare that I have read the foregoing Form 6 and that the facts stated in it are true.
Filed with COE:
Training
Based on the office or position you hold, the certification of training required under Section 112.3142, F.S., is not applicable to
you for this form year.
Interests in Specified Businesses
Business Entity # 1
SAMPLE Printed from the Florida EFDMS System Page 3 of 3
2023 Form 6 - Full and Public Disclosure of Financial Interests
E-FILING SAMPLE67