MIAMI.- Judge Melissa Damian, of the Southern District of Florida, admitted a lawsuit that temporarily blocks the new law SB 774, which required broader financial disclosure for candidates and local officials.
The lawsuit, filed by 26 cities and 74 public officials, argues that the law is highly intrusive and violates their First Amendment rights. In addition, it was noted that more than 100 officials had resigned due to the new law.
The Florida Ethics Commission, responsible for enforcing financial disclosure laws, was the defendant in this case.
Damian agreed with the plaintiffs that it is crucial to ensure that the implementation of SB 774 does not unnecessarily discourage more people from serving in government roles.
Changes with the new law
Prior to the implementation of SB 774 in January, mayors and council members were required to complete Form 1, which required them to list significant sources of income, intangible personal property over $10,000, and real estate and liabilities over $10,000.
The new law instead required lawmakers, Cabinet members and candidates to annually file Form 6, which includes disclosure of their net worth, the value of their household belongings and a breakdown of their assets and liabilities over $1,000. , as well as each source of income that exceeds that amount.
Likewise, the law requires annual ethics training for public officials related to urbanization and community management. In addition, ethics commissions are ordered to make public the statements of officials and disclose the names of those who fail to comply with the regulations.
Judge Damian, appointed by President Joe Biden and serving since March, concluded that the state had not demonstrated a clear relationship between SB 774’s disclosure requirements and protection against abuse of the public trust.
