CEO 77-8 -- February 1, 1977

HOLDER OF REAL ESTATE AND MORTGAGE BROKER LICENSES

APPLICABILITY OF CODE OF ETHICS

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

Prepared by: Phil Claypool

SUMMARY:

A public employee is not subject to the annual filing of financial disclosure merely by virtue of his holding real estate and mortgage broker licenses. See s. 112.3145(1), F. S. (1976 Supp.), for those persons subject to the disclosure law. As a public employee, however, the individual is subject to the standards of conduct provisions of the Code of Ethics as contained in s. 112.313.

QUESTIONS:

1. Am I, as the holder of real estate and mortgage broker licenses, subject to the filing of financial disclosure?

2. Am I, a city planning director who holds real estate and mortgage broker licenses, subject to the standards of conduct provisions of the Code of Ethics by virtue of my holding those licenses?

Question 1 is answered in the negative.

You have advised us in your letter of inquiry that you are the Planning Director of the City of ____, that you presently hold a real estate broker license issued by the Florida Real Estate Commission, and that you presently hold a mortgage broker license issued by the Department of Banking and Finance. In a telephone conversation with our staff you stated that you have not engaged in any mortgage transactions which would require you to hold a mortgage broker license, and that you do not intend to do so in the near future. You also stated that you are not an officer, director, partner, proprietor, associate, or general agent for, nor do you own a material interest in, a mortgage company.

The Code of Ethics for Public Officers and Employees requires that specified employees, state officers, local officers, and candidates for those offices must file a statement of financial disclosure. Section 112.3145(2)(b), F. S. (1976 Supp.). The above offices and persons are defined by s. 112.3145(1), F. S. As no person comes within any of these categories by virtue of his holding either a real estate or a mortgage broker license, or by virtue of his practice of either occupation, this question is answered accordingly in the negative.

Question 2 is answered in the negative, although as city planning director you are a public employee and you are subject to the standards of conduct provisions of the Code of Ethics because you are a public employee.

The standards of conduct provisions of the Code of Ethics, ss. 112.313 and 112.3141, F. S. 1975, apply only to persons who are public officers or employees of agencies. As no person is either a public officer or an employee of an agency merely by virtue of his holding either a real estate or a mortgage broker license, or by virtue of his practice of either occupation, this question is answered accordingly in the negative.

In addition, we wish to point out that as a public employee, you are required to file CE Form 3, Disclosure of Specified Business Interests, where appropriate under s. 112.313(9), F. S. However, since you do not hold any of the positions enumerated by that subsection in a mortgage company, you are not presently required to file Form 3.