When it comes to ethical standards for elected officials, Florida has a double standard. But in an encouraging sign, legislators appear willing to rectify this mistake this session. That’s good, because it will make local government more transparent.
The people of Florida, spurred on by Gov. Reubin Askew in a post-Watergate zeal for ethics reform, amended the state Constitution in 1976 to require disclosure of personal financial information to guard against conflicts of interest. It is the first time a citizen ballot initiative passed in this state, and an overwhelming 79% voted yes.
Once a year, many elected officials must file a sworn statement of financial interests known as Form 6, listing the amounts and sources of their income, including from investments, as well as property owned, business interests and assets and liabilities of more than $1,000.
Those who must file Form 6 include the governor, lieutenant governor, Cabinet members, legislators, sheriffs, court clerks and other constitutional officers, county commissioners and school board members. In countless cases since 1976, Form 6 filings have exposed hidden conflicts of interest among elected officials.
But here’s the double standard: All kinds of trouble can go on at City Hall, but local elected officials, including mayors and city commissioners, file the less transparent Form 1, which requires disclosure of sources of income but not amounts and not much else. Form 1 is just too opaque in a state with more than 400 cities and towns.
Make it a priority
Senate Bill 774, sponsored by Sen. Jason Brodeur, R-Sanford, would hold municipal elected officials to the same ethical standard as others. The House version (HB 37 by Rep. Spencer Roach, R-North Fort Myers) has been stuck in a committee for nearly a month, which is never a positive sign, and it also would require appointed city and county managers to file Form 6, a provision not in the Senate bill. We urge House and Senate leaders to seek common ground and make passage of these bills a priority with four weeks left in the 2023 session.
In a small rural place such as, say, Dixie County, it makes no sense that a school board member must file Form 6 while the mayor of Cross City does not. In rural Florida, the mayor may be more powerful. People in small towns are just as entitled to ethically transparent government as people in big cities.
“Enhanced public disclosure will increase public trust,” Kerrie Stillman, executive director of the Florida Commission on Ethics, told senators at a March 30 hearing. “The dynamics of conflicts and corruption occur both in small towns and in large. It makes no difference.”
This change has been talked about for a decade, but ethics reform comes slowly in Tallahassee. In the past, legislators have bowed to resistance from city officials who view Form 6 as intrusive or bothersome.
That’s not a legitimate excuse, but it was on display at a recent Senate hearing as two elected officials in Bay Harbor Islands, a small city in Miami-Dade, said they would consider quitting rather than file a Form 6 disclosure.
‘I do not feel comfortable’
Council member Robert Yaffe, a lawyer, said he objects to changing to Form 6 in the middle of a term. He said he considers Form 1 an adequate amount of transparency and that fewer candidates will run for office if they have to reveal more of their finances.
“I’m not opposed to transparency,” Yaffe told senators. “There just may be reasons why I do not feel comfortable filing a Form 6.”
In our view, anyone in public life who’s squeamish about ethical transparency probably should not run for office. Voters surely feel this way. In 2018, they again amended the Constitution to prevent legislators from lobbying their colleagues for six years after leaving office.
A leading supporter of tightening the ethics rules is former Florida Senate President Don Gaetz, a member of the ethics commission who said he has filed a Form 6 for 25 years.
“It’s not a large burden,” Gaetz said. “It’s a more complete disclosure.”
Would you rather know or not know that your county commissioner owns land that the county is considering buying? Or that your legislator sits on the board of a local bank, or works at a local college or hospital, or is a director of a waste disposal company?
These are relevant questions and voters and taxpayers deserve answers. The answers are available only from Form 6, not Form 1.
SB 774 also contains a long-overdue provision to increase the maximum civil penalty for an ethics violation from $10,000 to $20,000. The $10,000 cap is nearly three decades old.
It’s awkward enough that legislators write the ethics laws that apply to them personally. But it’s a positive sign that they realize that changes are needed.
The Sun Sentinel Editorial Board consists of Editorial Page Editor Steve Bousquet, Deputy Editorial Page Editor Dan Sweeney, and Editor-in-Chief Julie Anderson. Editorials are the opinion of the Board and written by one of its members or a designee. To contact us, email at .
