CEO 75-51 -- March 14, 1975

CE FORM 3

APPLICABILITY OF FILING IN CASE OF OWNERSHIP OF MATERIAL INTEREST IN BUSINESS NOT DEALING WITH PUBLIC OFFICER'S AGENCY

To: Milton A. Friedman, Circuit Judge, Eleventh Judicial Circuit, Miami

Prepared by: Patricia Butler

SUMMARY:

The Code of Ethics requires a public officer to disclose his or her material interest in a business entity when that entity does business with the agency in which the officer is employed. Section 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida. Accordingly, Judge Friedman need file CE Form 3 only when the real estate business in which he holds financial interest does business with the circuit court of which he is judge. However, this opinion does not address areas of responsibility covered by judicial ethical standards or Judge Friedman's responsibilities should special situations of conflict of interest arise.

QUESTION:

Must I disclose on CE Form 3 my 10 percent financial interest in a real estate business if the business has no dealings with my office as circuit judge?

This question is answered in the negative.

The applicable section of the Code of Ethics dealing with disclosure of such businesses states in part:

If a public officer . . . owns a material interest in . . . any business entity which is . . . doing business with an agency of which he is an officer . . ., he shall file a statement disclosing such facts within forty-five days of becoming an officer . . . or within forty-five (45) days of the acquisition of . . . such material interest. [Section 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida.]

Under this section of the law, you are required to disclose your interest in the real estate business on CE Form 3 only if it does business with the circuit court of which you are a judge.

This position is taken based upon the special statutory responsibilities which are given to this commission. It does not pretend to embrace areas of responsibility covered by judicial ethical standards. Nor do we address ourselves to your responsibilities in dealing with special situations of conflict of interest which may arise.