CEO 74-84 -- December 23, 1974

MUNICIPAL PROSECUTOR

APPLICABILITY OF FILING REQUIREMENTS OF CE FORM 2 TO A MUNICIPAL PROSECUTOR

To: Patrick Barry, Municipal Prosecutor, Coral Springs

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Reference is made to CEO 74-45. A municipal prosecutor is not a public officer within the definition of the term as used in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and is therefore not subject to the disclosure provisions as they apply to public officers. Since CE Form 2 is applicable only to public officers or candidates for office, Mr. Barry need not file CE Form 2.

QUESTION:

Must I, as the municipal prosecutor for the City of Coral Springs, file CE Form 2, Statement of Disclosure of Clients Represented Before Agencies?

Your question is answered in the negative.

Please find enclosed a copy of a previous opinion of this commission, CEO 74-45. In that opinion we held that a municipal prosecutor is not a public officer within the definition of the term, as used in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore is not subject to the disclosure provisions as they apply to public officers.

CE Form 2, Statement of Disclosure of Clients Represented Before Agencies, is applicable only to public officers or candidates for office. Section 112.3145(1)(c), supra. Based on our prior opinion that municipal prosecutors are not public officers, we conclude that you need not file CE Form 2.