CEO 78-51 -- September 8, 1978

SECTION 8(a), ART. II, STATE CONSTITUTION

APPLICABILITY TO CANDIDATE FOR U.S. HOUSE OF REPRESENTATIVES

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

Prepared by: Phil Claypool

SUMMARY:

The Sunshine Amendment, s. 8(a), Art. II of the State Constitution, requires that "all elected constitutional officers and candidates for such offices . . . file full and public disclosure of their financial interests." It is the commission's view that the term "constitutional officers" in the Sunshine Amendment was intended to include only those persons who hold offices which are provided for by the constitution. Construing the term to include persons who hold offices provided for by the United States Constitution would have the absurd result of requiring numerous federal officeholders from other states to file financial disclosure in Florida. Accordingly, as the office of a member of the U. S. House of Representatives is provided for in s. 2, Art. I, U. S. Constitution, candidates for such office do not constitute "constitutional officers" pursuant to the Sunshine Amendment and therefore are not required to file full and public disclosure of financial interests.

QUESTION:

Is a candidate for the U.S. House of Representatives required to file full and public disclosure of his financial interests pursuant to s. 8(a), Art. II, State Const.?

Your question is answered in the negative.

The Sunshine Amendment, in s. 8(a), Art. II of the State Constitution, provides as follows:

All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

To date, this subsection has not been implemented by statute to broaden the class of persons required to make full and public disclosure, although s. 8(h)(2) of the Sunshine Amendment requires persons holding statewide elective offices to file full and public disclosure of their financial interests. Therefore, the determinative question which we must consider is whether a candidate for the U.S. House of Representatives is a candidate for an elective constitutional office.

The office of a member of the U.S. House of Representatives is provided for by the Constitution of the United States. Section 2, Art. I, U.S. Constitution. In our view, the term "constitutional officers" in the Sunshine Amendment was intended to include only those persons who hold offices which are provided for by the State Constitution. Construing the term to include persons who hold offices provided for by the United States Constitution would have the absurd result of requiring numerous federal officeholders from other states to file financial disclosure in Florida. Such an unreasonable interpretation of a constitutional provision cannot be sustained. Florida Dry Cleaning and Laundry Board v. Everglades Laundry, 118 So. 380 (Fla. 1939).

Accordingly, it is our opinion that a candidate for the U.S. House of Representatives is not required to file full and public disclosure of his financial interests pursuant to s. 8(a), Art. II, State Const. Please note, however, that a candidate for the U.S. House of Representatives is required to file a more limited statement of financial interests with his qualifying papers under s. 112.3145, F. S. 1977. Saunders v. Reed, Case No. TCA 76-179 (N.D. Fla. 1977).