CEO 74‑29 ‑‑ November 1, 1974

DISCLOSURE STATEMENTS

REQUIRED FILING DATES NOT RETROACTIVE

To: Nicholas A. Caputo, Attorney, Holly Hill

Prepared by: Jeff Bassett

SUMMARY:

Consistent with s. 112.3145(1), F. S., as amended by Ch. 74‑177, Laws of Florida, persons who were public officers at the time the disclosure law became effective (July 1, 1974) and who are not candidates for election or re‑election after July 1, 1974, must file CE Form 1 for the first time prior to twelve o'clock noon of May 15, 1975. Additionally, these public officers must file CE Forms 2, 3, and 4 when applicable under the provisions of part III, Ch. 112, F. S.

QUESTION:

Under part III, Ch. 112, F. S., as amended by Ch. 74‑177, Laws of Florida, when must persons who were public officers at the time the act became effective file their first statement of disclosure?

Section 112.3145(1), F. S., as amended by Ch. 74‑177, supra, requires that:

. . . [a] public officer . . . shall file a statement of disclosure no later than twelve o'clock noon of May 15th of each year, including the May 15th following the last year a public officer is in office. . . .

Consistent with familiar rules of statutory construction, we are of the opinion that this requirement must apply prospectively and not retroactively; therefore, persons who were already public officers at the time this law became effective on July 1, 1974, and who are not candidates for election or re‑election between July 1, 1974, and December 31, 1974, must file the Financial Disclosure Statement, CE Form 1, for the first time prior to twelve o'clock noon of May 15, 1975.

Please note that CE Forms 2, 3, and 4 must also be filed by public officers when applicable under the provisions of part III, Ch. 112, supra.