CEO 80-64 -- September 19, 1980

FINANCIAL DISCLOSURE

DISCLOSURE OF SECONDARY SOURCES OF INCOME

To: John R. Lawson, Jr., Attorney, Tampa

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 76-161, in which the Commission on Ethics found members of judicial nominating commissions to be subject to the financial disclosure law. Under s. 112.3145(3)(b) of that law, they are required to disclose sources of income to any business entities in which they own a certain percentage and from which they receive a specified amount of income. For purposes of this statutory requirement, the term "source" is defined in s. 112.312(16) as "the name, address, and description of the principal business activity of a person or business entity." Therefore, a member of a judicial nominating commission who is a practicing attorney is required to disclose the name, address, and a description of the principal business activity of any client which provided in excess of 10 percent of his law firm's gross income during the preceding year.

QUESTION:

Is an attorney who is a member of a judicial nominating commission required by the financial disclosure law to disclose the name of a client which contributes more than 10 percent of his law firm's gross income?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are an attorney and that recently you were appointed as a member of a judicial nominating commission. You question whether, if you accept the appointment, you will be required to disclose the name of a client which contributes more than 10 percent of the gross income of your law firm.

We previously have advised that members of judicial nominating commissions are required to file a statement of financial interests annually pursuant to s. 112.3145, F. S. See CEO 76-161. Section 112.3145(3)(b) requires that the following information be disclosed in the statement of financial interests:

All sources of income to a business entity in excess of 10 percent of the gross income of a business entity in which the reporting person held a material interest and from which he received an amount which was in excess of 10 percent of his gross income during the disclosure period and which exceeds $1,500. The period for computing the gross income of the business entity is the fiscal year of the business entity which ended on, or immediately prior to, the end of the disclosure period of the person reporting.

The term "source" is defined to mean "the name, address, and description of the principal business activity of a person or business entity." Section 112.312(16), F. S.

In a telephone conversation with our staff, a member of your law firm advised that it could be assumed that you own more than a 5- percent interest in the firm and that you receive more than 10 percent of your gross income from the firm. Accordingly, as a member of a judicial nominating commission, you would be required to disclose the name, address, and a description of the principal business activity of a client which provided in excess of 10 percent of your law firm's gross income.