CEO 91-9 -- January 30, 1991

GIFT DISCLOSURE

REQUIREMENT THAT DONOR PROVIDE STATEMENT

OF GIFTS GIVEN TO PUBLIC OFFICIAL

To: Mark Herron, Attorney (Tallahassee)

SUMMARY:

A person who has given a gift exceeding $100 to an elected public officer during 1990 is required to provide a statement describing the gift, its value, and the donor by February 28, 1991, as provided in Section 112.3148(3), Florida Statutes (1989). Although Section 112.3148 was substantially amended by Chapter 90-502, Laws of Florida (effective January 1, 1991), Section 20 of that act operates as a saving clause with respect to the donor's statement required by Section 112.3148(3), as well as with respect to the gift disclosure statements that would have been required for 1990 gifts had not Chapter 90-502 been adopted.

QUESTION:

Must a person who has given a gift exceeding $100 to an elected public officer during 1990 provide a statement describing the gift, its value, and the donor by February 28, 1991, as provided in Section 112.3148(3), Florida Statutes (1989)?

Your question is answered in the affirmative.

Section 112.3148, Florida Statutes (1989), contains the gift disclosure requirements applicable to elected public officers and certain other officers. Section 112.3148(3) provides:

Every person who gives a contribution to an elected public officer or to any other person on the elected public officer's behalf shall, on or before February 28 of the year following the giving of the contribution, provide the elected public officer with a statement indicating the name of the person giving the contribution, the person's address, adescription of the contribution and the monetary value of the contribution.

Pursuant to Chapter 89-380, Section 4, Laws of Florida, as amended by Chapter 89-537, Section 2, Laws of Florida, this subsection was to take effect January 1, 1991.

In the meantime, however, during special session in 1990 the Legislature adopted Chapter 90-502, Laws of Florida, which became law on January 1, 1991. This Chapter substantially rewrote Section 112.3148 and did not retain the language quoted above. If this were the extent of the relevant language in Chapter 90-502, we could end our inquiry at this point and conclude that the law requiring donors' statements to be provided by February 28, 1991 was superseded by Chapter 90-502 and never went into effect. As you have observed, the issue is not that clear.

Section 20 of Chapter 90-502 provides:

This act applies to all gifts, honoraria, or honorarium expenses received or paid on or after January 1, 1991, unless received pursuant to an agreement entered into prior to that date, in which event the law in effect at the time the agreement was entered into shall apply. Any report that is required with respect to a contribution given before January 1, 1991, must be made according to the requirements applicable thereto.

As we understand this provision, any gift (or "contribution," as defined under the previous law) that was received during 1990 will be treated in accordance with the law in effect prior to January 1, 1991 as if that law had not been repealed or substantially altered. Similarly, any gift that will be received after January 1, 1991, pursuant to an agreement entered into prior to that date, will be treated in accordance with the law in effect prior to January 1, 1991. Any other gifts, honoraria, or honorarium expenses received or paid on or after January 1, 1991, will be governed by the provisions of Chapter 90-502.

Pursuant to the language quoted above, any "report" that would have been required regarding a contribution given before January 1, 1991, still must be made. Although the document to be provided by a person who gave a gift to an elected public officer was designated as a "statement" under Section 112.3148(3), we do not find this difference in terminology to be significant. Even the "contribution" disclosure that was required under Section 112.3148(2) was designated as a "statement." Nor do we see any other indication in the language of Chapter 90-502 to wholly repeal the requirement of a donor's statement regarding gifts given in 1990.

In our view, the express language of Section 20 operates as a saving clause with respect to the donor's statement required by Section 112.3148(3), as well as with respect to the gift disclosure statements that would have been required had not Chapter 90-502 been adopted. It does not constitute the revival of a repealed statute by implication, which is prohibited by Section 2.04, Florida Statutes (a statute which has been repealed by a second statute is not revived by the passage of a third statute that repeals the second statute, absent express language to that effect in the third statute), because there has been no third statute applicable here.

Accordingly, we find that a person who has given a gift exceeding $100 to an elected public officer during 1990 is required to provide a statement describing the gift, its value, and the donor by February 28, 1991, as provided in Section 112.3148(3), Florida Statutes (1989).