Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Adopt Resolution 2024-16 authorizing participation in a lawsuit seeking a declaration that the provisions of Section 12.3144(1)(D), Florida Statutes, that require municipal elected officials to file Form 6 Financial Disclosure Forms is unconstitutional and invalid
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OCALA'S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
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BACKGROUND:
In or about 2023, the Florida Legislature passed Senate Bill 774, which was codified at 2023-09, Laws of Florida, and which amended Section 112.3144(1)(D), Florida Statutes, to require that municipal elected officials complete the Form 6 financial disclosure.
Many elected officials resigned because of the amended financial disclosure requirements.
Twenty-six municipalities and 74 municipal elected officials have filed lawsuits in state and federal courts alleging that the amendment to Section 112.3144(1)(D), Florida Statutes, is unconstitutional. The law firm of Weiss Serota Helfman Cole + Bierman, PL is litigating those cases on behalf of interested municipalities and elected officials.
In the event that the City of Ocala desires to join the lawsuits, this resolution authorizes participation and further permits the Mayor and City Council to participate individually, if they so choose, in both cases.
FINDINGS AND CONCLUSIONS:
In the event that City Council desires to adopt this resolution, it makes the findings and conclusions outlined in the resolution itself, including that participation in the lawsuit serves a public purpose and is in the best interest of the City of Ocala, Florida and its citizens.
FISCAL IMPACT:
Participation in the litigation requires a one-time, flat fee of $10,000 to be paid to the law firm of Weiss Serota Helfman Cole + Bierman, PL. Funding is available in the ...
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