CEO 74 23 October 14, 1974
WHEN DISCLOSURE FORMS MUST BE FILED
To: James A. Haley, Congressman, 8th District, Sarasota
Prepared by: Gene L. "Hal" Johnson
Reference is made to CEO 74-02 and CEO 74-12. While filing of the financial disclosure statement, CE Form 1, is imperative [s. 112.3145(1)(a), F. S., as amended by Ch. 74-177, Laws of Florida], filing of CE Form 2 and CE Form 3 is required only when conditions given in ss. 112.313(3) and 112.3145(1)(c), F. S., are applicable to the individual public officer, candidate, or employee. Thus, a public officer must file CE Form 3 only if he or she meets the requirements for disclosure of conflicts of interest. Similarly, CE Form 2 is to be filed only if the public officer or any member of his professional firm represents another before an agency at the same level of government as his own agency. If response to each item on CE Forms 2 and 3 is "none" or "not applicable," these forms need not be filed.
When and in what manner must CE Forms 2 and 3 be filed, if such forms are not applicable to me as a public officer?
In response to this question, it has been our opinion that neither CE Form 2, Disclosure of Clients Represented Before Agencies, nor CE Form 3, Disclosure of Conflicts of Interest, need be filed where inapplicable to the individual public officer, employee, or candidate. See CEO 74-02 and CEO 74-12.
While filing of the financial disclosure statement is phrased in the imperative in the law, s. 112.3145(1)(a), F. S., as created by Ch. 74-177, Laws of Florida, the sections requiring that CE Forms 2 and 3 be filed are phrased differently. The phraseology in these sections of the law, i.e., ss. 112.313(3) and 112.3145(1)(c), F. S., establish certain conditions precedent to disclosure. Thus, s. 112.313(3), F. S., in regard to disclosure of conflicts, states that "if" a public officer meets the requirements as set out therein, then he must file a statement identifying the conflict of interest. Likewise, the section on disclosure of representations before agencies requires that only a public officer "who represents another . . . shall list the agencies before which he appears, and the name of the client whom he represented. . . ." Section 112.3145(1)(c), supra.
If the condition precedent to the filing of either CE Form 2 or CE Form 3 does not exist, it is our opinion that no filing is required. Thus, where the response to each item of information on either CE Form 2 or CE Form 3 would be "none" or "not applicable," these forms need not be filed. See also CEO 74-2 and CEO 74-12.