Resolution No. 2024-13 Authorizing Participation in Lawsuit Regarding Form 6 Financial Disclosure - February 6, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since 1976, Article II, Section 8 of the 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 form
("Form 1") 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 of Aventura
(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 Commissioners to annually file
Form 1 (not Form 6) financial disclosure 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 governmental intrusion into the person's
private life except as otherwise 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 restrictive means;" and
City ofAventura Resolution No. 2024-13
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
WHEREAS, during 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 Form 6 financial disclosure, which is
substantially more burdensome and personally intrusive than the Form 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 running 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 Form 6 disclosure requirements at the
municipal level is not the least restrictive means of serving the governmental interests of
preventing abuse of the public trust, 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
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City ofAventura Resolution No. 2024-13
WHEREAS, the City desires to participate in a lawsuit seeking a declaration that
the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected
officials to file Form 6 financial disclosure forms are unconstitutional and invalid and
should be enjoined (the "Lawsuit"); and
WHEREAS, the City Commission believes it is in the best interest of the citizens
and residents of the City to participate in the Lawsuit and urges other municipalities and
their elected officials to also participate as plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The above Recitals are true and correct and are incorporated herein
by this reference.
Section 2. The City Commission hereby authorizes the participation of the City,
and any of the individual Members of the Commission who choose to participate as
plaintiffs, in a lawsuit seeking declaratory, injunctive and other appropriate relief
challenging the provisions of Section 112.3144(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, subject to the participation of
at least ten municipalities.
Section 3. Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is hereby
retained to represent the City in this litigation. The Firm will charge the City a flat fee,
inclusive of attorneys' fees and costs, of $10,000 to represent the City and the individual
elected officials who choose to participate as plaintiffs, for the litigation in the trial court.
The City and elected officials recognize that such flat fee may be less than the actual
attorneys' fees and costs incurred, and that if the City and elected officials prevail in the
Lawsuit, the Firm may apply with the Court for its actual reasonable attorneys' and costs
from the defendants. The filing of any appeals will be authorized by separate resolution
under the terms thereof. The City and its elected officials also acknowledge that the Firm
will be representing other local governments and officials in this lawsuit and waives any
conflicts related to such representation.
Section 4. The City Commission invites and urges other local governments and
elected officials to join the City as plaintiffs in the Lawsuit and to coordinate their efforts
with the City.
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City ofAventura Resolution No. 2024-13
Section 5. The City Clerk is directed to distribute this Resolution to all local
governments in Miami-Dade County.
Section 6. Implementation. The City Manager is hereby directed to take any
action necessary to implement the purposes of this Resolution.
Section 7. Effective Date. This Resolution shall take effect immediately upon
the adoption hereof.
The foregoing Resolution was offered by Commissioner Dr. Marks, who moved its
adoption. The motion was seconded by Vice Mayor Kruss, and upon being put to a vote,
the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 6th day of February, 2024
HOWARD S. WEINBERG, ES
MAYOR
ATTEST:
ELLISA L. HORVAT , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITYATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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