Anne R. Flanigan – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Wed, 12 Jun 2024 20:17:33 +0000 en-US hourly 1 Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements https://www.wsh-law.com/news-updates/preliminary-injunction-entered-to-prevent-enforcement-of-floridas-overly-intrusive-financial-disclosure-requirements/#utm_source=rss&utm_medium=rss Tue, 11 Jun 2024 18:10:56 +0000 https://www.wsh-law.com/?p=11186 Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been […]

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]]> Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been required to file a Form 1 financial disclosure, which advises the public of the officials’ employers, primary sources of income and major assets.

Last year, Florida enacted a new law that requires municipal elected officials instead to file a Form 6, which requires that elected municipal officials also disclose the amount of their net worth, the amount of their income (including from their primary jobs), the value of each of their assets and the amounts of each liability.  These additional disclosures have nothing to do with the officials’ duties and are not relevant in any way to possible breaches of the public trust.  Judge Damian found that “it is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary nor that SB 774 is substantially related to the State’s identified interests.”

In a lawsuit filed by Weiss Serota Helfman Cole + Bierman, over 170 elected municipal officials from throughout Florida challenged the law as a violation of the First Amendment.  Judge Damian ruled that the elected municipal elected officials “have demonstrated a reasonable likelihood that they will succeed on the merits of their claim” and prevented the members of the Commission on Ethics from enforcing the new requirement statewide during the pendency of the lawsuit.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of quintessentially personal financial information than is required of the President of the United States, members of Congress and elected officials in every other state,” said Firm Partner and Fort Lauderdale Office Managing Director Jamie A. Cole, the lead attorney representing the plaintiffs.  “Most municipal elected officials receive little to no compensation for their public service, yet they are being asked to disclose their precise net worth, income and assets.  This legislative overreach has already resulted in the mass resignation of about 125 municipal elected officials and, if allowed, would discourage many others from serving their communities.”

Cole added that the preliminary injunction is a significant step in the plaintiffs’ efforts to ultimately obtain a ruling that the Form 6 disclosure requirements are unconstitutional.

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan, and associate Jeremy Rosner, are co-counsel with Cole in representing the plaintiffs.

Click the links below to see media coverage.

 

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]]> Twenty-Six Cities and Seventy-Four Elected Officials File Federal and State Court Lawsuits Challenging Florida’s Overly Intrusive Financial Disclosure Requirements https://www.wsh-law.com/news-updates/twenty-six-cities-and-seventy-four-elected-officials-file-federal-and-state-court-lawsuits-challenging-floridas-overly-intrusive-financial-disclosure-requirements/#utm_source=rss&utm_medium=rss Fri, 16 Feb 2024 16:43:29 +0000 https://www.wsh-law.com/?p=10944 Miami, FL – Weiss Serota Helfman Cole + Bierman (WSHC+B) filed new federal and state court lawsuits challenging the legality of a new law requiring municipal elected officials to file a Form 6 financial disclosure. The complaints were filed on behalf of 26 municipalities and 74 municipal elected officials in the U.S. District Court for […]

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]]> Miami, FL – Weiss Serota Helfman Cole + Bierman (WSHC+B) filed new federal and state court lawsuits challenging the legality of a new law requiring municipal elected officials to file a Form 6 financial disclosure. The complaints were filed on behalf of 26 municipalities and 74 municipal elected officials in the U.S. District Court for the Southern District of Florida in Miami and the Second Judicial Circuit Court in Leon County. 

Previously, all municipal elected officials in Florida were required to complete a Form 1 financial disclosure form, which advised the public of their primary sources of income and primary assets.   Under the new law, municipal elected officials have to complete and file a Form 6, which forces them to publicly disclose quintessentially private, highly personal financial information, including, among other things, the exact amount of their net worth and income and value of every asset worth over $1,000.  More than 100 municipal elected officials in Florida have resigned rather than make these new required disclosures.

The plaintiffs seek a declaration that the Form 6 disclosure requirements violate the First Amendment to the United States Constitution and the privacy clause of the Florida Constitution, along with injunctive relief.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of personal financial information than is required of the President of the United States, members of Congress and elected officials in every other state,” said Firm Partner and Fort Lauderdale Office Managing Director Jamie A. Cole, the lead attorney representing the plaintiffs.  “Most municipal elected officials receive little to no compensation for their public service, yet they are being asked to disclose their precise net worth, income and assets.  This legislative overreach has already resulted in the mass resignation of municipal elected officials and, if not overturned in court, will discourage many others from serving their communities.”

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan are assisting Cole in representing the plaintiffs.

Click the links below to see media coverage.

WWSB ABC7 News – https://www.mysuncoast.com/2024/01/29/over-100-elected-officials-florida-step-down-ahead-new-form-6-requirements/?utm_source=rss&utm_medium=rss

Sun Sentinel – https://www.sun-sentinel.com/2024/01/27/freaking-out-over-form-6-at-city-hall-steve-bousquet/?utm_source=rss&utm_medium=rss

Palm Beach Daily News – https://www.palmbeachdailynews.com/story/news/local/2024/01/11/palm-beach-town-to-participate-in-lawsuit-against-controversial-new-finance-law-florida-news/72171571007/?utm_source=rss&utm_medium=rss

Islander News – https://www.islandernews.com/news/keybiscayne/plaintiffs-lining-up-to-join-key-biscayne-lawsuit-challenging-form-6-law/article_cf66b522-ca14-11ee-af67-638228d705cb.html?utm_source=rss&utm_medium=rss

Florida Today – https://www.floridatoday.com/story/news/politics/2024/02/08/melbourne-joining-challenge-to-new-financial-disclosure-requirements-for-public-officials/72309815007/?utm_source=rss&utm_medium=rss

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]]> WSHC+B Partner Anne R. Flanigan Recognized by DBR Florida Legal Awards https://www.wsh-law.com/news-updates/wshcb-partner-anne-r-flanigan-recognized-by-dbr-florida-legal-awards/#utm_source=rss&utm_medium=rss Fri, 09 Feb 2024 15:48:51 +0000 https://www.wsh-law.com/?p=10930 Congratulations to Anne R. Flanigan for being recognized as a Daily Business Review 2024 Florida Legal Awards honoree in the On the Rise (Small/Midsize Firm) category.  Anne is active in the local federal bar community, having been appointed to three federal magistrate selection and reappointment panels and serving on the board of directors for the […]

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]]> Congratulations to Anne R. Flanigan for being recognized as a Daily Business Review 2024 Florida Legal Awards honoree in the On the Rise (Small/Midsize Firm) category. 

Anne is active in the local federal bar community, having been appointed to three federal magistrate selection and reappointment panels and serving on the board of directors for the Broward Chapter of the Federal Bar Association since 2017. She was recently sworn in as the chapter’s President.

Anne’s litigation practice includes federal civil rights matters, personal injury, contract disputes, and real property claims, and she actively practices in both federal and state court.

Anne will be honored at the DBR’s Florida Legal Awards event on April 4, 2024. 

To view the full list of honorees and finalists, click here.

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]]> WSHC+B Partner Anne R. Flanigan Sworn in as President of Federal Bar Association Broward County Chapter https://www.wsh-law.com/news-updates/wshcb-partner-anne-r-flanigan-sworn-in-as-president-of-federal-bar-association-broward-county-chapter/#utm_source=rss&utm_medium=rss Thu, 05 Oct 2023 21:23:21 +0000 https://www.wsh-law.com/?p=10766 Fort Lauderdale, Fla. – Weiss Serota Helfman Cole + Bierman Partner Anne R. Flanigan was sworn in as Federal Bar Association (FBA) – Broward County Chapter President. Flanigan has held various important leadership roles since becoming a member of FBA in 2015. Flanigan and the other board members were sworn in by the Honorable Raag […]

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]]> Fort Lauderdale, Fla. – Weiss Serota Helfman Cole + Bierman Partner Anne R. Flanigan was sworn in as Federal Bar Association (FBA) – Broward County Chapter President. Flanigan has held various important leadership roles since becoming a member of FBA in 2015.

Flanigan and the other board members were sworn in by the Honorable Raag Singhal and Chief District Court Judge Cecilia M. Altonaga was the guest speaker. Prior to becoming President of the FBA’s Broward County Chapter, Flanigan served as Treasurer of its Board of Directors, served on two federal magistrate selection panels, and was the national delegate acting as local liaison to the FBA.

“I’m delighted to continue my service with the FBA,” said Flanigan. “My journey with the chapter has been truly fulfilling, and I look forward to guiding our chapter to greater success in the coming year.”

As a civil litigator, Flanigan’s practice includes defending federal civil rights matters and personal injury claims, as well as litigating contract disputes and real property claims. She actively practices in both federal and state court.

Flanigan also has an active trademark law practice that includes the registration and enforcement of trademarks for both public and private clients.

She has been recognized by Best Lawyers in America – Ones to Watch and by Florida Super Lawyers in its Rising Star category.

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]]> WSHC+B Attorneys Selected For Inclusion In The Best Lawyers In America 2024 https://www.wsh-law.com/news-updates/wshcb-attorneys-selected-for-inclusion-in-the-best-lawyers-in-america-2024/#utm_source=rss&utm_medium=rss Thu, 17 Aug 2023 19:02:12 +0000 https://www.wsh-law.com/?p=10645 Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2024 edition of The Best Lawyers in America©.  Of the 41 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 12 attorneys were recognized as Ones to Watch.  Best Lawyers has employed the […]

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]]> Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2024 edition of The Best Lawyers in America©. 

Of the 41 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 12 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

Fort Lauderdale

Boca Raton

Tampa, FL

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]]> Anne Flanigan and Daniela Cimo co-author an article in the 2023 spring newsletter of the City, County and Local Government Law Section of the Florida Bar https://www.wsh-law.com/news-updates/anne-flanigan-and-daniela-cimo-co-author-an-article-in-the-2023-spring-newsletter-of-the-city-county-and-local-government-law-section-of-the-florida-bar/#utm_source=rss&utm_medium=rss Thu, 11 May 2023 14:50:47 +0000 https://www.wsh-law.com/?p=10414 WSHC+B attorneys Anne Flanigan and Daniela Cimo co-authored an article published in the 2023 spring newsletter of the City, County and Local Government Law Section of the Florida Bar which discusses how recent authority in Florida and the Eleventh Circuit has analyzed public decorum rules and their enforcement. “As local governments transition away from fully […]

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]]> WSHC+B attorneys Anne Flanigan and Daniela Cimo co-authored an article published in the 2023 spring newsletter of the City, County and Local Government Law Section of the Florida Bar which discusses how recent authority in Florida and the Eleventh Circuit has analyzed public decorum rules and their enforcement.

“As local governments transition away from fully remote proceedings, many are finding that the uptick in the public’s local government participation has not waned. Thus, returning to the dais in person presents a prime opportunity to revisit public decorum rules and their application at public meetings.”

Anne is a civil litigator whose practice includes federal civil rights matters, personal injury, contract disputes and real property claims. She actively practices in both federal and state courts. 

Daniela is an associate in the Firm’s Government Division and focuses her practice on representing governmental entities in land use, zoning, real estate, affordable housing and general governance matters.

Read the full article here.

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