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ITEM: RESOLUTION NO. 2024-11 (FORM 6 DISCLOSURES)
A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 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, AND PROVIDING FOR AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2024-11 authorizing participation in a lawsuit seeking declaratory and injunctive relief relating to the statutory requirement for municipal elected officials to file a Form 6 Financial Disclosure.
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EXPLANATION: During the 2023 legislative session, the Florida Legislature amended section 112.3144(1)(d), Florida Statutes to require all municipal elected officials to file a Form 6 financial disclosure beginning in January 1, 2024.
The Law Firm of Weiss Serota Helfman Cole and Bierman is initiating a lawsuit to challenge the legislation based upon, among other things, violations of due process and fundamental rights set forth in Florida's constitution.
The proposed resolution would authorize Wellington to participate in the lawsuit, which would include declaratory and injunctive relief.
The cost for Wellington and those elected officials who desire to participate individually is $10,000 at the trial level. Participation at the appellate level would require separate approval.
Staff seeks direction on whether the Council wishes to participate in the lawsuit.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: NO SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Funds are available in the Legal budget.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2024-11 authorizing participation in a lawsuit seeking declaratory and injunctive relief relating to the statutory requirement for municipal elected officials to file...
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