CEO 76-153 -- September 13, 1976

FINANCIAL DISCLOSURE

MULTIPLE FILINGS FOR SAME DISCLOSURE PERIOD UNNECESSARY

To: (Name withheld at the person's request.)

Prepared by: Bonnie Johnson

SUMMARY:

Florida Statute s. 112.3145(6)(1975) stipulates that one who has filed a financial disclosure statement for any calendar or fiscal year is not required to file an additional disclosure for the same year. Accordingly, where one has filed a disclosure statement with the clerk of the circuit court as a local officer, he is not required to file an additional statement upon appointment to another local office.

QUESTIONS:

1. Having filed a statement of financial disclosure for the 1975 tax year on December 30, 1975, am I required by law to make a second filing on or before the July 15, 1976, filing deadline?

2. Is the proper repository for my statement of financial disclosure the office of clerk of the circuit court in my county?

3. Having recently been appointed by the Governor to serve as a member of the First District Court of Appeal Nominating Commission, am I required to file an additional statement of financial disclosure with the office of the Secretary of State?

Question 1 is answered in the negative.

The Code of Ethics for Public Officers and Employees requires that each local officer "file a statement of financial interests no later than 12 o'clock noon of July 15 of each year . . ." Fla. Stat. s. 112.3145(2)(b)(1975). It is further provided in the code 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, having filed a financial disclosure statement for the 1975 tax year, you are not required to file a second statement for that disclosure period.

Question 2 is answered in the affirmative.

As a member of the ____ Transportation Authority, you constitute a "local officer" pursuant to s. 112.3145(1)(a)2.(1975). Section 112.3145(2)(c) stipulates, in pertinent part, that "[l]ocal officers . . . shall file their statements of financial interests with the Clerk of the Circuit Court of the county in which they are principally employed or are residents."

Question 3 is answered in the negative.

As noted in the response to question 1 above, s. 112.3145(6) stipulates that only one disclosure is required by law for each calendar or fiscal year. Where one's serving in two capacities has made him subject to filing both with the clerk of the circuit court (as a local officer) and with the Secretary of State (as a state officer), we have recommended that a copy of one's disclosure statement be filed in both places so as to forestall the possibility of confusion on the part of a citizen desiring to examine his disclosure statement. CEO 76-128. In the instant case, however, you are a local officer by virtue of your appointment to the District Court of Appeal Nominating Commission.

The term "local officer" is defined to include "[a]ny appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state . . ." (Emphasis supplied.) Fla. Stat. s. 112.3145(1)(a)2.(1975). A political subdivision is defined in the Florida Statutes as follows:

The words "public body," "body politic" or "political subdivision" include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state. [Fla. Stat. s. 1.01(9)(1975); emphasis supplied.]

The First Appellate District is a statutorily defined district in this state. See Fla. Stat. s. 35.02(1975). As a member of the First District Court of Appeal Nominating Commission, therefore, you are a local officer whose disclosure is required to be filed with the clerk of the circuit court in your county. As you have already filed with the clerk for the 1975 disclosure period as a member of the transportation authority, no additional disclosure is necessary as a member of the nominating commission.