CEO 75-130 -- June 23, 1975

STATE OFFICERS

PLACE OF FILING DISCLOSURE FORMS

To: Alford L. Gordan, Chief Deputy Clerk, Circuit Court of Pinellas County, Clearwater

Prepared by: Carol Ann Turner

SUMMARY:

While it might appear that assistant state attorneys, who perform their duties within limited counties, should file statements of disclosure locally, judicial circuits are considered subdivisions of the state. The Code of Ethics provides that all state officers file disclosure forms with the Secretary of State, including those officers who serve within particular counties or districts as well as those who serve statewide.

QUESTION:

Should a state officer or employee who performs duties of office in a specific county file disclosure forms with the clerk of the circuit court of that county?

Your question is answered in the negative.

The Code of Ethics requires that all state officers file disclosure forms with the Secretary of State. This includes those state officers who serve statewide and those who are restricted to performing their duties in a particular county or district.

While it might appear that assistant state attorneys perform their duties within limited counties, for the purposes of financial disclosure judicial circuits are considered subdivisions of the state. We would like to point out that assistant public defenders are not enumerated in the definition of public officers, and unless an assistant public defender qualifies as a public officer under a general category such as performing the duties of a purchasing agent [s. 112.312(7)(j)] or doing consulting work [s. 112.312(7)(h)], it will not be necessary for him to file a financial disclosure statement.

We are enclosing, for your assistance, a guide to the 1974 Public Disclosure and Conflicts of Interest Act, which contains instructions for filing the various forms.