CEO 75-117 -- May 23, 1975

DISCLOSURE FORMS

PLACE OF FILING

To: Dorothy H. Wilken, Florida Atlantic University, Boca Raton

Prepared by: Carol Ann Turner

SUMMARY:

Only those state employees who exercise purchasing agent powers or who consult with other agencies or private entities, pursuant to s. 112.312(7)(h) and (j), F. S. (1974 Supp.), are deemed to be public officers subject to financial disclosure. Should the criterion of either subsection be met, however, such filing would be with the Secretary of State. As a local elected official, one would file with the clerk of the circuit court in his or her county.

QUESTION:

Must I, as an employee of the state (class code 6519) and as a member of the City Council of Boca Raton, file separate disclosure forms under the provisions of part III, Ch. 112, F. S. (1974 Supp.)?

As Art Studio Manager of Florida Atlantic University, you do not qualify as a "public officer" as defined in s. 112.312(7), supra; therefore, it is not necessary that you file a statement of financial disclosure, CE Form 1, with the Secretary of State. We emphasize that this opinion is based only on the factual situation which you have stated in your request for an official opinion. Therefore, we have not addressed the possibility that you may be a public officer by virtue of having purchasing agent powers or of accepting compensation for consultations with other state agencies under provisions of paragraphs s. 112.312(7)(h) and (j), F. S.

Please note, however, that if you, as a state employee have an interest or hold office in a business entity "provided a grant of privilege to operate" or doing business with Florida Atlantic University you must disclose this information pursuant to s. 112.313(3) on CE Form 3, which should be filed with the Secretary of State.

As an elected municipal officer, you must file a financial disclosure statement with the clerk of the circuit court of the county in which you are principally employed or reside. See ss. 112.3145(1) and 112.313(3), F. S. (1974 Supp.).

As you requested, we have enclosed copies of the appropriate forms, together with a guide to the 1974 Public Disclosure and Conflicts of Interest Act.