CEO 75-191 -- September 25, 1975

DUPLICATE FILING

NECESSARY WHERE ONE IS BOTH A STATE AND A LOCAL OFFICER

To: John H. Whitehead, Sheriff, Union County, Lake Butler

Prepared by: Gene Rhodes

SUMMARY:

Where a county sheriff who has filed financial disclosure with the clerk of the circuit court is subsequently appointed to the state Correctional Standards Council, an additional filing of financial disclosure is required because the place of filing is different. As a member of a board with statewide jurisdiction, he is a state officer and therefore must file disclosure with the office of the Secretary of State. As a county sheriff, alternately, the specified filing place is the clerk of circuit court. Section 112.313(3), F. S. 1975.

QUESTION:

As Sheriff of Union County and having filed a financial disclosure statement for the 1974 taxable year with the Clerk of the Circuit Court in Union County, am I required to file a second financial disclosure statement for the same taxable year by virtue of my appointment to the Correctional Standards Council?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees requires that disclosure statements "be filed with the department of state if the individual is a state officer . . . and shall be filed with the clerk of the circuit court of the county in which he is principally employed or a resident . . . if he is an officer . . . within a county. . . ." Section 112.313(3), F. S. (1974 Supp.).

We do not feel that a second filing would be necessary if the required place of filing were the same for both public positions you hold. However, serving as a member of the Correctional Standards Council, a state agency, requires that you file a disclosure statement with the Secretary of State, while your position as county sheriff requires a filing with the appropriate clerk of the circuit court. Accordingly, you are required to file a statement of disclosure with the Secretary of State within 30 days from your date of appointment to the Correctional Standards Council. Section 112.3145, F. S. As long as you continue to hold both of these positions, you will be required each year to file separate statements of disclosure with both the Clerk of the Circuit Court in Union County and with the Secretary of State.