To:      James A. Haley, Congressman, 8th District, Sarasota
 
Prepared by: Gene L. "Hal" Johnson
 
SUMMARY:
 
Reference 
    is made to CEO 74-02 and CEO 74-12.  While 
    filing of the financial disclosure statement, CE Form 1, is imperative [s. 
    112.3145(1)(a), F. S., as amended by Ch. 74-177, Laws of Florida], filing 
    of CE Form 2 and CE Form 3 is required only when conditions given in ss. 112.313(3) 
    and 112.3145(1)(c), F. S., are applicable to the individual public officer, 
    candidate, or employee.  Thus, a public 
    officer must file CE Form 3 only if he or she meets the requirements for disclosure 
    of conflicts of interest.  Similarly, 
    CE Form 2 is to be filed only if the public officer or any member of his professional 
    firm represents another before an agency at the same level of government as 
    his own agency.  If response to each 
    item on CE Forms 2 and 3 is "none" or "not applicable,"
 
QUESTION:
 
 
In 
    response to this question, it has been our opinion that neither CE Form 2, 
    Disclosure of Clients Represented Before Agencies, nor CE Form 3, Disclosure 
    of Conflicts of Interest, need be filed where inapplicable to the individual 
    public officer, employee, or candidate.  
While 
    filing of the financial disclosure statement is phrased in the imperative 
    in the law, s. 112.3145(1)(a), F. S., as created by Ch. 74-177, Laws of Florida, 
    the sections requiring that CE Forms 2 and 3 be filed are phrased differently.  
    The phraseology in these sections of the law, i.e., ss. 112.313(3) 
    and 112.3145(1)(c), F. S., establish certain conditions precedent to disclosure.  
    Thus, s. 112.313(3), F. S., in regard to disclosure of conflicts, states 
    that "if" a public officer meets the requirements as set out therein, 
    then he must file a statement identifying the conflict of interest. Likewise, 
    the section on disclosure of representations before agencies requires that 
    only a public officer "who represents another . . . shall list the agencies 
    before which he appears, and the name of the client whom he represented. . 
    . ."  
If 
    the condition precedent to the filing of either CE Form 2 or CE Form 3 does 
    not exist, it is our opinion that no filing is required.  
    Thus, where the response to each item of information on either CE Form 
    2 or CE Form 3 would be "none" or "not applicable," these 
    forms need not be filed.