Litigation – Weiss Serota Helfman Cole + Bierman

Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements

Weiss Serota Helfman Cole + Bierman — Tue, 11 Jun 2024 18:10:56 +0000

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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Jamie A. Cole discusses Leon School Board Mask Mandate Policies with ABC 27

Weiss Serota Helfman Cole + Bierman — Wed, 15 Sep 2021 19:40:06 +0000

WSHC+B partner and managing director of the firm’s Fort Lauderdale office, Jamie A. Cole, spoke with ABC 27 about mask mandate policies in schools and the Department of Health rules. Jamie and the firm are representing a number of school districts, including the Leon County School District, with respect to their mask mandate and other COVID policies.

When ABC 27 asked about the Executive Order issued by the Florida Department of Health that gives parents the authority to determine whether or not their child wears a mask at school, Jamie explained that “the Department of Health is only allowed to issue rules to protect against communicable diseases. That portion of the rule does not protect against communicable diseases.”

Jamie continued to explain that parents don’t have a right when it infringes on another parent’s right.

At the time of this interview, the first district court of appeals reinstated Florida’s ability to protect the freedom for parents to decide whether or not their child wears a mask while the court makes their own ruling on the appeal.

The policy in question hinges on how much authority a school district will have going forward on matters of protecting students.

Click here to watch the interview.

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Brett Schneider discusses with Local 10 News why workplace vaccine mandates are becoming more common

Weiss Serota Helfman Cole + Bierman — Mon, 13 Sep 2021 18:31:57 +0000

WSHC+B partner, managing director of the Boca Raton office and chair of the firm’s Labor and Employment Division, Brett J. Schneider, discussed workplace vaccine mandates with Local 10 News. The interview took place the same day that President Biden announced plans imposing requirements on certain employers vis-à-vis their employees, including vaccination mandates and frequent testing.

According to Schneider, keeping staff safe and businesses open is what’s motivating employers to take steps that include mandating vaccination requirements. “Generally the law favors employers that want to mandate vaccination requirements. We absolutely expect to see more mandates,” said Schneider.

More and more employers are reviewing how to keep their employees safe and how to protect the business. These factors are showing to have more motivations for vaccination requirements than the approval from the FDA for the Pfizer vaccine.

Schneider said, “it seems as though the majority of folks in the workforce want vaccinations, feel more safe in vaccinated environments, feel like if they are going to be in the office they want a safe workplace.”

Click the link here to watch the full interview or click here to read the article.

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WSHC+B Attorneys Recognized as 2021 Florida Legal Elite

Weiss Serota Helfman Cole + Bierman — Fri, 16 Jul 2021 20:23:14 +0000

The firm is pleased to announce that four attorneys have been recognized in the 2021 edition of Florida Trend’s Florida Legal Elite. Less than 2% of active Florida Bar members practicing in Florida appear among the exclusive Florida Legal Elite.

Florida Trend invited all actively practicing Florida lawyers to name the attorneys that they hold in highest regard – lawyers with whom they have personally worked and would recommend to others.

The following attorneys received the Legal Elite designation in 2021.

Miami

Joseph H. Serota – Commercial Litigation – Hall of Fame
Joseph M. Hernandez – Real Estate

Fort Lauderdale

Mitchell J. Burnstein – Eminent Domain

Boca Raton

Ronald S. Nisonson – Business Law

Click here to view Florida Trend’s Legal Elite 2021.

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