CEO 74-37 -- November 1, 1974

JUDICIAL PROCESS

ROLE IN ENFORCING FINANCIAL DISCLOSURE

To: Vince Fechtel, Jr., Representative, District 34, Leesburg

Prepared by: Patricia Butler

SUMMARY:

Under present provisions of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, a person who intentionally fails to make required disclosures can be dismissed from employment, removed from office, or removed from the ballot. Section 112.317, supra. Since neither Ch. 74-177 nor Ch. 74-176, Laws of Florida, specifically mentions court action, such as a writ of mandamus, in the enforcement of said financial disclosure requirements, the role of the courts in these matters must be decided by the courts when and if the question is placed before them in an appropriate case.

QUESTION:

May a person subject to the financial disclosure requirements of Ch. 74-177, Laws of Florida, who intentionally fails to make the required disclosure be compelled to do so by writ of mandamus or by any extraordinary writ or declaratory judgment?

Section 112.317, F. S., as amended by Ch. 74-177, Laws of Florida, now reads:

Intentional violation of any provision of this part by any officer, employee or candidate shall constitute grounds for dismissal from employment, removal from office, or removal from the ballot.

However, neither Ch. 74-177, supra, nor the related provisions of Ch. 74-176, Laws of Florida, contain any specific mention of the role of the courts in the enforcement of the financial disclosure requirements of Ch. 74-177, supra. Accordingly, the matter about which you inquire may be answered by the courts only when and if the question is placed before them in an appropriate case.