CEO 81-65 -- September 17, 1981

GENERAL MASTER FOR JUDICIAL CIRCUIT

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: (Name withheld at the person's request.)

SUMMARY:

The financial disclosure law, Section 112.3145, Florida Statutes, does not apply to the officers of the judicial branch of government, except insofar as they may be candidates for elective or retentive office. In re The Florida Bar, 316 So. 2d 45 (Fla. 1975). Under Rule 1.490(a), Florida Rules of Civil Procedure, a General Master clearly is an officer of the judicial branch. Therefore, a General Master is not subject to the State statutory requirement of filing a statement of financial interests annually.

QUESTION:

Are you, a General Master for the Eleventh Judicial Circuit, required to file a statement of financial interests under Section 112.3145, Florida Statutes?

Your question is answered in the negative.

The statutory financial disclosure law, Section 112.3145, Florida Statutes, requires each "state officer," "local officer," and "specified employee" to file a statement of financial interests annually. We have promulgated CE Form 1, Part 1, Statement of Financial Interests, for use in making this disclosure. However, we need not examine the categories of persons required by statute to complete and file this form in order to determine whether you are required to do so.

The Florida Supreme Court has advised that the statutory financial disclosure law does not apply to officers of the judicial branch of government, except insofar as they may be candidates for elective or retentive office. In re the Florida Bar, 316 So. 2d 45 (Fla. 1975). Rule 1.490(a), Florida Rules of Civil Procedure, provides for the appointment of general masters as follows:

General Masters. Judges of the circuit court may appoint as many general masters from among the members of the Bar in the circuit as the judges find necessary and the general masters shall continue in office until removed by the court. The order making an appointment shall be recorded. Every person appointed as a general master shall take the oath required of officers by the Constitution and the oath shall be recorded before the master discharges any duties of his office.

As a General Master, you clearly are an officer of the judicial branch.

Accordingly, we find that as a General Master for the Eleventh Judicial Circuit you are not subject to the statutory requirement of filing a statement of financial interests annually.