CEO 76-128 -- July 26, 1976

FINANCIAL DISCLOSURE

MULTIPLE FILINGS

To: Robert C. Russell, Vice Mayor, Sewall's Point

Prepared by: Bonnie Johnson

SUMMARY:

The financial disclosure law stipulates that "[a] public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof notwithstanding any requirement of this act." Fla. Stat. s. 112.3145(6)(1975). Accordingly, where one filed financial disclosure as a candidate early in 1976 for the 1975 tax year, no additional filing is required on or before the July 15 filing deadline.

QUESTION:

Having filed a statement of financial disclosure for the 1975 tax year as a candidate for the town commission, must I make a second filing before July 15, 1976, after having been elected to the commission?

This question is answered in the negative.

Your letter of inquiry advises us that you filed a financial disclosure statement as a candidate for the town commission. This filing was made with the town clerk as a part of your qualification papers as required by Fla. Stat. s. 112.3145(2)(a)(1975).

The Code of Ethics goes on to require that each local officer file a statement of financial interests no later than July 15 of each year with the clerk of the circuit court for the county in which he is a resident. Fla. Stat. s. 112.3145(2)(b) and (c)(1975). However, the code also states that

[a] public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof notwithstanding any requirement of this act. [Fla. Stat. s. 112.3145(6)(1975).]

Consequently, having filed a financial disclosure form for the 1975 tax year, you are not required to file a second statement for that disclosure period with the circuit court clerk.

In spite of the above-quoted provision, we do recommend that you file a copy of your financial disclosure form with the clerk of the circuit court. Although not required by the code, this additional filing would have the effect of forestalling any confusion on the part of a citizen desiring to see your financial disclosure statement, as one would expect to find a local officer's statement filed with the clerk of the circuit court.