CEO 82-46 -- July 1, 1982

FINANCIAL DISCLOSURE

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW TO MEMBER OF U. S. HOUSE OF REPRESENTATIVES

To: The Honorable Don Fuqua, Member, U. S. House of Representatives

SUMMARY:

A member of the U.S. House of Representatives is not required to file a Statement of Financial Interests pursuant to the Florida financial disclosure law, Section 112.3145, Florida Statutes. That statute includes those elected to the U.S. Senate and House of Representatives among those required to file financial disclosure. However, Chapter 82-98, Section 3, Laws of Florida, amends the disclosure law to provide expressly that U.S. Senators and Representatives are excluded from filing Statements of Financial Interests, in recognition of the fact that the financial disclosure provisions of the Federal Ethics in Government Act of 1978 expressly supersede and preempt state financial disclosure laws.

QUESTION:

Are you, a member of the U. S. House of Representatives, required to file a Statement of Financial Interests pursuant to the Florida financial disclosure law?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a member of the U. S. House of Representatives. You question whether you are required by Florida law to file a financial disclosure statement with the State of Florida.

Section 112.3145, Florida Statutes, requires each person who is defined as a "state officer" to file a Statement of Financial Interests annually. Since 1975, the term "state officer" has been defined "to include those elected to the United States Senate and House of Representatives . . . ." Section 112.3145(1)(c)1, Florida Statutes.

However, in 1978 Congress adopted Public Law 95-521, known as the Ethics in Government Act of 1978. The Act, as amended by Public Laws 96-19 and 96-28, provides in Section 108:

The provisions added by this title, and the regulations issued thereunder, shall supersede and preempt any State or local law with respect to financial disclosure by reason of holding the office of Member or candidacy for Federal office or employment by the United States Government.

In recognition of the Act's preemption of state financial disclosure laws, the Florida Legislature recently amended the Florida financial disclosure law to provide expressly that United States Senators and Representatives are excluded from filing Statements of Financial Interests. Chapter 82-98, Section 3, Laws of Florida, effective October 1, 1982.

Accordingly, we find that you are not required to file a Statement of Financial Interests pursuant to the Florida financial disclosure law.