Resolution 2024-32937 RESOLUTION NOG 0 2 4 - 3 2 9 3 7
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PARTICIPATION BY CITY ELECTED OFFICIALS IN THEIR
OFFICIAL CAPACITY IN A LAWSUIT SEEKING A DECLARATION
THAT THE PROVISIONS OF SECTION 112.144(1)(d), OF THE
FLORIDA STATUTES, REQUIRING MUNICIPAL ELECTED
OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS,
ARE UNCONSTITUTIONAL AND INVALID, 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 fife 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, 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
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
1
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 corruption and conflicts of interest, as demonstrated by the lack of such requirements
at the municipal level in other states —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 - low paid - municipal elected officials to disclose their precise net
worth, income and assets does not serve (let alone constitute the least restrictive means of
serving) any compelling interest; and
WHEREAS, the imposition of new financial disclosure requirements upon municipal
elected officials who were elected without such requirements violates due process and is
fundamentally unfair; and
WHEREAS, the City desires to authorize members of the City Commission to elect to
participate in their official capacity in a lawsuit seeking a declaration that the provisions of Section
112.144(1)(d), Florida Statutes, requiring municipal elected officials to file Form 6 financial
disclosure forms, are unconstitutional and invalid (the "Lawsuit"); and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The City Commission hereby authorizes the participation of any individual
City Elected Officials who choose to participate as plaintiffs in their official capacity, in a
lawsuit seeking declaratory.and other appropriate relief challenging the provisions of
Section 112.144(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 Elected Officials who elect to participate, in their official capacity, in
this litigation. The Firm will charge the City a flat fee, inclusive of attorneys'fees and costs,
of $10,000 to represent the individual elected officials who choose to participate as
plaintiffs, for the litigation in the trial court. 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. The City further
acknowledges that, from time to time, the Firm may be called upon by client to represent
them as to requests for various approvals and as to other non-litigation matters with
respect to or involving the City. The City hereby waives any potential conflict of interest
in the Firm's representation of those clients arising from its representation of the City in
the Lawsuit.
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Section 4. That the, appropriate City officials are hereby authorized to do all things
necessary and expedient to carry out the aims of this Resolution.
Section 5. That this Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this Z1 day of �� 1/41A-R7 , 2024.
ATTEST:
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FEB 2 3 204% Steven Meiner, Mayor
Rafael E. Granado, City Clerk
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INCORP OAATED;
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APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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City Attorney Date
9‹
Resolutions - R7 K
MIAMI BEACH
' COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING PARTICIPATION BY CITY
ELECTED OFFICIALS IN THEIR OFFICIAL CAPACITY IN A LAWSUIT
SEEKING A DECLARATION THAT THE PROVISIONS OF SECTION
112.144(1)(D), OF THE FLORIDA STATUTES, REQUIRING MUNICIPAL
ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE
FORMS, ARE UNCONSTITUTIONAL AND INVALID,AND PROVIDING FOR
AN EFFECTIVE DATE:
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes
a principal engaged in lobbying? Yes X No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
Please place the attached Resolution on the January 31, 2024 agenda, for consideration by the
Mayor and City Commission.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The fiscal impact of this item is a lump-sum amount of$10,000, which will be funded from the existing
FY 2024 budget(from either the City Attorney's office budget or Risk Management claims fund).
Is this a"Residents Right Does this item utilize G.O.
to Know"item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Page 877 of 1278
ATTACHMENTS:
Description
❑ Resolution
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Page 878 of 1278