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.