Scores of elected local government officials in Florida are suing members of the state Commission on Ethics in a bid to block stricter financial disclosure rules that the officials say would impair their privacy rights under the state’s constitution.
The municipal officials filed the lawsuit on Feb. 15 in the Second Judicial Circuit court in Leon County. The legal complaint challenges a measure passed last year, Senate Bill 774, which requires local elected officials to disclose more detailed financial information about their net worth and income, the value of their household goods, and values of assets and liabilities in excess of $1,000.
Under the provisions of the new law, local officials would be on the hook for fines up to $20,000, civil penalties and the possible removal from elective office if they violate SB 774.
“Forcing municipal elected officials and candidates to publicly disclose such private information impairs their right to privacy under the Florida Constitution,” the lawsuit states. “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.”
Prior to the passage of SB 774, local elected officials had to only fill out what’s called Form 1, which requires them to identify their sources of income and primary assets, according to Jamie Cole, one of the attorneys representing the plaintiffs. In contrast, the new law’s provision that local officials have to now fill out Form 6 means they must disclose detailed data on net worth, income sources and the value of assets, Cole said.
“To require a municipal elected official to disclose too much private information ... is a very intrusive and difficult thing for many people to do,” Cole told the Florida Record, adding that the officials' financial information will be placed on the internet and be accessible to anyone. “... This opens the door to identity theft.”
The expanded financial disclosures required by SB 774 will not put a stop to conflicts of interest or corruption or lead to greater confidence in local governments’ ability to govern, he said.
“It’s a major deterrent to running for office,” Cole said of the new requirements. Media reports have indicated that the law has already led more than 100 local officials in Florida to resign their positions.
Under the law’s provisions, current officials are required to submit Form 6 to the Commission on Ethics by July 1.
The plaintiffs are seeking an injunction to stop the defendants from enforcing the new law, a declaration that the law violates Article 1, Section 23, of the Florida Constitution and the awarding of costs incurred by the plaintiffs to bring the legal action.
The measure requires all Florida mayors, city commissioners and elected members of municipal governing bodies to file the expanded disclosure forms, according to the League of Florida Cities, which opposed the bill when it was being considered last year by the state Legislature.
Supporters of the new law, including state lawmakers, contend it would increase local government transparency and simply force local officials to disclose what state constitutional officers are now required to do.