CEO 74-38 -- November 1, 1974

DISCLOSURE

REQUIRED FILING DATES

To: James Ray Shaw, Assistant City Attorney, Daytona Beach

Prepared by: Jeff Bassett

SUMMARY:

Persons who were public officers or employees of agencies at the time that Ch. 74-177, Laws of Florida, became effective (July 1, 1974) should have filed CE Form 3 within 45 days of that effective date if such public officer or employee holds one of the positions, or owns a material interest in a business entity, as described in s. 112.313(3), F. S., as amended by Ch. 74- 177, Laws of Florida. However, a person who was an appointed public officer at the time this law became effective on July 1, 1974, need file CE Form 1, the statement of financial disclosure, for the first time no later than twelve o'clock noon, May 15, 1975. Section 112.3145(1), F. S.

QUESTIONS:

1. Under s. 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida, when must persons who were public officers or employees of agencies at the time the act became effective file CE Form 3, Disclosure of Conflicts of Interest by Public Officers, Public Employees, and Candidates?

2. Under s. 112.3145(1), F. S., as amended by Ch. 74-177, supra!mA!x, when must a person who was an appointed public officer at the time the act became effective, file the Financial Disclosure Statement, CE Form 1?

As to your first question, s. 112.313(3), supra, provides:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest. (Emphasis supplied.)

It is our opinion that this section requires persons who were already public officers or employees of agencies at the time this law became effective on July 1, 1974, to file CE Form 3 within 45 days of that date if such public officer or employee holds one of the above enumerated positions or owns a material interest in a business entity as described above.

As to your second question, s. 112.3145(1), supra, requires that,

[e]very public officer who is appointed shall file a disclosure statement . . . within thirty (30) days from the date of appointment.

Consistent with familiar rules of statutory construction, we are of the opinion that this requirement must apply prospectively and not retroactively; therefore, a person who was an appointed public officer at the time this law became effective on July 1, 1974, is subject only to the requirement that "[a] public officer . . . shall file a statement of disclosure no later than twelve o'clock noon of May 15th of each year . . . ." Section 112.3145(1), supra. Thus, the Financial Disclosure Statement, CE Form 1, need first be filed by such public officer prior to twelve o'clock noon on May 15th, 1975.