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HomeMy WebLinkAbout2004 06 29 Hand Out by Board Member Matisak Re: Code Enforcement WorkshopDate: June 29, 2004 HAND OUT BY BOARD MEMBER MATISAK ~r FLORIDA ASSOCIATION of CODE ENFORCEMENT, INC. 2004 ANNUAL STATE CONFERENCE G~,t10N Op COd O ~,~[, y Q F ~ 4 A ~O C P fi M \~' y~~~ CODE ENFORCEMENT WORKSHOP for BOARD MEMBERS SPECIAL MASTERS HEARING OFFICERS and BOARD ATTORNEYS presented by Robert L. Hamilton, Esq. The John Scott Dailey Institute of Government University of Central Florida JITNE 19, 2004 a r~ Massey and Massey v. Charlotte County, Case No. 2DO2-389, opinion filed Feb. 7, 2003, 2003 WL 255453 (Fla. 2d DCA 2003.) The Masseys received notice of, and attended, a Code Enforcement Board hearing where they were found in violation of the county building code because they failed to secure necessary permits before constructing improvements on their property. The Board's order provided fora $100.00 per day fine for each day of non-compliance with the Board's order and further advised that a fine may become a lien on the property pursuant to Section 162.09, Florida Statutes. Subsequently, an "affidavit of noncompliance" (with the Board's order) was submitted to the Board asking that the fine be imposed. There was no indication in the affidavit that it was served on the Masseys. By motion, seconded and passed unanimously, the fine was approved at a subsequent Board meeting, following which an "Order Imposing Penalty/Lien" was issued. As found by the Court, this Order "did not indicate any avenue by which the Masseys could challenge the validity of these fines or the imposition of the lien". The Court also noted that "it is undisputed that the Masseys did not receive notice or an opportunity to be heard before entry of this Order." The Court noted that after the lien is imposed and recorded, the statute (Chap. 162) does not expressly provide for any further process before the Board. The Court found that "the Code Enforcement Board entered the lien order based solely upon the code inspector's affidavit" and that the "Masseys were not provided notice of the meeting at which the propriety of the fines and lien were addressed or any opportunity to be heard at the meeting or thereafter". The Court opined that no case law had been found which addressed whether the procedures required by Chapter 162 comport with the principle of due process. The Court concluded that, under the facts of the case, the Masseys had not been afforded constitutionally-guaranteed procedural due process (and quashed the order of the circuit court affirming the order of the Code Enforcement Board.) Although the Court did not mandate any specific procedure that the Code Enforcement Board must follow, it held that such procedure must "provide the property owner with notice and opportunity to be heard concerning any factual determination necessary to impose a fine or create a lien." In this regard, in Footnote 3, the Court offered an example of such a procedure as follows: The Code Enforcement Board could mail the "order imposing penalty/lien" to the property owner with a notice that the owner could request a hearing to challenge the fine and the resulting lien within twenty days from the date of the order. The notice could explain that the lien order would be recorded after twenty days unless the property owner filed a timely request for hearing. Presumably, the hearing would be limited to a consideration of only those new findings necessary to impose an appropriate fine and create a lien. Note: Contact your City/County Attorney for guidance on the effect of this case on your current process! g. Is the Board required to approve any waiver or reduction in the accrued fines? ..... .... 5 ......................... h. Does the Board have the power to record the lien? ..................... 5 I. Does the Board have the independent authority to investigate or determine whether a violator has complied with the order? ...................................... 5 j. Can the Code Enforcement Board order an abate- ment of a violation through some form of specific action, such as demolition of a building? ............................. 6 k. Does the Code Enforcement Board have to dismiss a case if the property is transferred between the time the initial notice was served and the time of the hearing? .................... 6 15. The Board's Role at the Hearing ......................................... 6 16. Liens and Foreclosure ............................................:.... 7 17. Service of Process (General) ........................................... 9 18. Service of Process under Chapter 162 ................................... 13 19. Dual Office-Holding .................................................. 15 20. Ex Parte Communications ............................................. 17 21. Public Records Law ..................................... ........... 18 22. Government in the Sunshine Law ......................... 24 .............. 23. Conflicts of Interest .................................................. 26 24. Financial Disclosure 28 ................................................. APPENDIX: Chapter 162, Florida Statutes updated 7.03 5. Requirements for Board Appointment. a. Residency Requirements. All Enforcement Board members must be residents of the jurisdiction covered by the Code Enforcement Board. Section 162.05(2). b. Appointments bound by State and Local Laws. Chapter 162 states that appointments to the Board shall be made in accordance with any applicable laws and ordinances "... on the basis of experience or interest in the subject matter jurisdiction ..." of the Board. Section 162.05(2). c. Diverse Occupation Request. The statute also contains an encouragement (not requirement) that the Code Enforcement Board "... shall whenever possible, include an architect, businessman, engineer, general contractor, subcontractor, and a realtor." Section 162.05(2). 6. Terms. The statute provides that the initial terms for either afive- or seven-member board be staggered, ranging from one- to three-year terms. Section 162.05(3)(a) and (b). After the initial appointment, all terms are for three years. Section 162.05(3)(b). 7. Rules governing conduct of Board members. G'~Y~- ~) ~ ~ ~ The conduct of Board members is regulated and governed by Chapter 162, applicable state law and ordinances of the local governing body. Section 162.05(3)(f). Members may be removed or suspended for cause as provided by state law or local ordinances. If a local ordinance governing conduct is in conflict with a statute, the more restrictive will generally govern, unless the statute clearly preempts any and all local regulation. Meeting Attendance Requirements. Section 162.05(3)(e) states that if any member "... fails ~ attend two oft raa successive meetin s'without cause' and'~nrithout prior approval of the chairmari; the en orce oard shall declare the member's office vacant and the local governing body shall promptly fill such vacancy." 9. Calling a Hearing: The Chairman may call a hearing upon the request of a Code Inspector. A hearing also may be called by written notice signed by three members of aseven-member Board or two members of afive-member Board. Section 162.07(1). 2 l w~ ~ s~~ ~~ ~~s® 2. subpoena power to subpoena alleged violators and witnesses to the hearings (subpoena ad testificandum); 3. subpoena power to subpoena evidence to its hearings sub oena duces tecum); 4. taking testimony under oath; and, 5. issuing orders having the force of law to command whatever steps are necessary to bring a violation into compliance. These powers are not exclusive. There are other powers which are either. outlined or implied in Chapter 162 which govern and limit the actions of the Code Enforcement Board. For example, since the Board is quasi-judicial in nature and function, it has the,jd power to entertain motions for extension of time or rehearing or reconsideration or reduction of pen,,al~~t (and to grant such motions). Also, the Board would appear to have the power order demolition (see Section j, infra . None of these powers are specifically mentioned in Section 162.08. b. Lack of Prosecutorial Power. The Code Enforcement Board and its members are precluded from initiating prosecutorial actions. Section 162.06(1).. While a statutory requirement, it also is a prohibition which is grounded in fundamental due process. However, a Board member may report an alleged violation to the Code Inspector. The notification must be made in the member's private capacity. c. Power to Allow Additional Methods of Service. The Board has the option to allow notice by publication or posting in certain circumstances in addition to service by mail or hand delivery. Section 162.06(2) and 162.12(2). d. Power to Elect Chairman. "The members of an enforcement board shall elect a chairman, who shall be a voting member from .among the members of the board." Section 162.05(4). The chairman is only elected or desianated by a vote of the Code Enforcement Boardot the County Commission or the City Council. e. Power to Authorize Foreclosure of Lien. An apparent power is contained in Section 162.09(3). "After 3 months from the filing of any ... lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien." This language poses several questions which go to the heart of the powers of the Code Enforcement Board vis a vis the local governing body, namely: 4 determination of compliance or non-compliance, the Board is dependent on the Code Inspector's determination The language in Section 162.09(1) states that the Board "upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time ... may order the violator to pay a fine." This language appears to suggest that the Board has no independent authority to determine compliance. Notwithstanding the above, in all factual determinations or conclusions presented by the Code Inspector to the Code Enforcement Board, the Code Enforcement Board can accept or reject the Code Inspector's testimony. Likewise, when the statement is presented that the alleged violator has not complied with the code, the Code Enforcement Board -may accept or reject the Code Inspector's deter- mination. j. Can the Code Enforcement Board order an abatement of a violation through some form of specific action, such as demolition of a building? Section 162.09(1) only references the authority of the Code Enforcement Board to impose fines if the violation continues. However, Section 162.08(5) states that the Board has the authority to "issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance." This language would appear broad enough to authorize demolition if the circum- stances warrant. k. Does the Code Enforcement Board have to dismiss a case if the property is transferred between the time the initial notice was served and the time of the hearing? No. As part of the 1999 legislative amendments, a new subsection (5) was added to Section 162.06 which requires certain disclosures by the transferring owner to the transferee/new owner pertaining to the pending code enforcement proceeding. If the required disclosures are not made before the transfer, a rebuttable presumption of fraud is created! More importantly, the new subsection (5) provides that, if the property is transferred before the CEB hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable time to correct the violation before the hearing is held. 15. The Board's Role at the Hearing At the hearing, the Board serves as the judge of the facts. The Board also determines the sufficiency and competency of evidence. The Board's role at the hearing is to insure that a fair and impartial hearing is granted to the alleged violator as well as to the Code Inspector. The Board's role is to make certain "Findings of Fact and Conclusions of Law" as to the alleged violation. 6 4. When the time expires to correct the violation, the Code Inspector again visits the property to determine if the property is in compliance. 5. If the property is found to be in compliance, the Code Inspector signs an "Affidavit of Compliance" and the case is closed. If the property is not in compliance, the Code Inspector signs an "Affidavit of Non-Compliance." The Code Enforcement Board Recording Secretary then prepares an Order imposing a lien on the property (the "Order") which is signed by the Code Enforcement Board Chairman and sent to the County for recording in the Public Records. 6. If the Violator fails to come into compliance, a certified copy of the Order is recorded in the Public Records, which Order constitutes a lien on the land where the violation exists and upon any other real or personal property owned by the Violator. 7. The fine continues to accrue until the Violator comes into compliance or until judgment is rendered in a suit to fore- close the lien. 8. If the lien has been filed for three (3) months and remains unpaid, the City or County may foreclose the lien. 9. Many times a new buyer of the property will ask the City or County to waive these liens. B. FACTORS TO CONSIDER IN FORECLOSURES Once the lien remains unpaid for three (3) months, the City or County may foreclose the lien. There are both statutory and practical limitations on this foreclosure process which are discussed below. Homestead. The Florida Constitution prohibits foreclosure on real property which is homestead, which in simple terms is an owner-occupied house. This prohibition is again reiterated in Chapter 162, Section 162.09(3). The few exceptions to this "non-foreclosure" rule include liens for taxes and assessments and "consensual liens" (such as mortgages). ~~~ L~~~~ U~ qC ~" `r~"p1 ~~S ~`~~~ ~9 ~~ i~~3~ ~o ~`~' ~ ~~~~ Additionally, Article X, Section 4 of the Florida Constitution provides an exemption from " ... forced sale under process of any court ... a homestead, if located outside a municipality, to the extent of one hundred sixty acres of contiguous land and improvements thereon .... " (Emphasis added.) 2. Superior Encumbrances. Although a junior lien holder has the right to foreclose, practical reasons may exist so that the junior lien holder may not want to exercise this right. s a. Personal -physical delivery to the respondent. b. Substituted -delivery to a person other than the respondent, as agent for the respondent. c. Constructive - by publication in a newspaper or posting the property. 3. Personal Service: a. Delivery of a copy of the document (including "drop" service) to the person to be served, whether at his resident or place of business or any other place where you have a lawful right to be. b. Leaving a copy of the document at the person's usual place of abode (a place of resident -- not a business office) with any person residing there (not a visitor) who is over age 15. c. If you know the respondent is present inside a dwelling but he won't answer the door, identify yourself and the nature of the process you have and then leave the copy at the door, telling the person where you left the paper. d. If you believe the respondent is present in a dwelling or in a condo unit where you must first telephone to gain admittance and you can get the respondent to identify himself on the phone, do as in c. above. 4. Service on Partnerships and Limited Partnerships a. Partnership -Serve any partner. Service on one partner is as valid as if served on each individual partner. b. Domestic Limited Partnership -Serve on any general partner or on the agent for service of process specified in its Certificate of Limited Partnership. If a general partner cannot be found in this State and service cannot be made on an agent because of failure to maintain an agent or because the agent cannot be found or served with the exercise of reasonable diligence, service may be effected by service on the Secretary of State as agent of the limited partnership. See Office of Legal Affairs for further guidance. c. Foreign Limited Partnership -Service on any general partner found in the State or on any agent for service of process specified in its Application for Registration. If a general partner cannot be found in this State and an agent for service of process has not been appointed or, if appointed, the agent's authority has been revoked or the agent cannot be found or served with the exercise of reasonable diligence, service of process may be effected by ~o Manager were not available. If you fail to prove the exclusion of these people, the service on the Director would be invalid. 6. Service on Dissolved Corporations - Serve a director of the dissolved corporation. Do not serve the registered agent. (Case law suggests that service on a registered agent of a dissolved corporation is invalid.) 7. Serving aMinor - by serving the parent or guardian or anyone else appointed by the court to represent the minor. If serving anyone other than the parent, include a copy of the court papers showing the person you served was duly appointed by the court. 8. Serving an Incompetent - by serving two (2) copies of the papers on the incompetent's guardian or any person who has care and custody of the incompetent. Include a copy of the court papers appointing the guardian. 9. Serving a Deceased Person - if the last owner of record is known to be deceased, all beneficiaries must be served. First, contact the Cterk of the Circuit Court, Probate and Guardianship Division, to see if a probate action has been filed; if yes, obtain a copy of the "Order of Distribution." If the file has been opened but no Order yet issued, obtain a copy of the "Determination of Beneficiaries" and "Appointment of Personal Represen- tative." In either event, serve all of these people! 10. Certified Mail -Return Receipt Requested Florida law provides that certified mail, RETURN RECEIPT REQUESTED, is sufficient. Be sure to attach the "green card" with the original paperwork submitted to the Recording Secretary. If the green car comes back signed by someone other than the respondent, you might take an extra step to determine who actually signed and their relationship to the respondent and/or property. Otherwise, the respondent may end up with a technical defense if the case goes to foreclosure. If the green card does not come back, then you may call the respondent and ask him if he got the paperwork. If the answer is yes, then fill out an Affidavit with details of the conversation and include the affidavit and the slip that shows you sent the certified letter to the post office with the original paperwork. 11. Multiple Owners of Property Every owner of the property MUST have notice. If the deed has wording such as "undivided interest" or "'/2 interest," that is your clue there are multiple owners. Serve all of them. 12. Business Owner vs. Property Owner Both persons should be served as respondents, and the order will go to both persons. The City cannot and will not get involved in landlord/tenant disputes! 12 b. In lieu of publication as described above, Section 162.12(2)(b) provides for posting of the notice for at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations -- one notice on the property in violation and one notice at City Hall (for municipalities) or the front door of the County Courthouse (for counties.) Proof of such posting shall be by affidavit which shall include a copy of the notice posted and the date and places of posting. Section 162.12(2)(c) provides that notice by publication or posting may run concurrently with, or may follow, attempts to provide notice by hand delivery or by mail. Finally, Section 162.12 provides, in its last sentence, that evidence of an attempt to hand deliver or mail notice as provided in Section 162.12(1), together with proof of publication or posting as provided in Section 162.12(2), is sufficient to comply with the notice requirements without regard to whether or not the alleged violator actuallx received such notice. 14 in their own right. See, AGO-88-56 (deputy clerk was found to perform mostly ministerial duties of an assistant to the clerk of the circuit court rather than the duties of a true deputy which led to a conclusion of employment). Examples of "employment" include an assistant state attorney and a deputy tax assessor. See, AGO-71-263 and AGO-74-75, respectively. The dual officeholding prohibition contained in Article II, Section 5(a) does not apply where additional or "ex officio" duties are imposed on or assigned to a particular office or officer by the legislative body of a municipality and there is no conflict between the new and pre-existing duties. These new duties are viewed as an addition to the existing duties of the officer. Bath Club, 394 So. 2d at 112; and State v. Florida State Turnpike Authority, 80 So. 2d 337 (Fla. 1955). Even if the constitutional dual officeholding prohibition is not applicable to a particular situation, there is a common law rule which prohibits an officer from holding two incompatible offices at the same time. The underlying rationale for this common law rule is to assure not only the actuality of undivided loyalty, but also the appearance of undivided loyalty. Gryzik v. State, 380 So. 2d 1102 (Fla. 1 st DCA 1980), and see, AGO-88-56. Incompatibility is said to exist where ... in the established governmental scheme one office is subordinate to another, or subject to its supervision or control, or the duties clash, inviting the incumbent to prefer one obligation to another. ... If the duties of the two offices are such that when placed in one person they might disserve the public interests, or if the respective offices might or will conflict even on rare occasions, it is sufficient to declare them legally incompatible. Id. at 1104. In interpreting this rule, the Attorney General's Office has stated that a conflict exists where one office is subordinate to another and subject in some degree to the supervisory power of its incumbents or where the incumbent of one has the power to appoint or remove or set the salary of the other. See, AGO-70-46. 16 21. PUBLIC RECORDS LAW Chapter 119, Florida Statutes BACKGROUND POLICY: A public record is subject to the examination and copying provisions of the Public Records Act unless a specific statutory (or other) provision applies which exempts the record. Two Main Questions: 1) Is the document (or item) a "public record?" If it is not, the Public Records Act does not apply. 2) If it is a public record, is it exempt? If it is exempt, then the examination and copying provisions do not apply. I. What is a Public Record? A. The Public Records Law defines what a public record is and gives examples (documents, papers, letters, maps, books, tapes, photographs, films, sound recordings such as City Council tape recordings or other material made or received pursuant to law or ordinance or in connection with the transaction of official business). NOTE: It does include computerized records and electronic "mail." B. It does not cover material prepared as temporary drafts or notes (e.g., dictation tapes to a secretary, rough drafts of documents, and handwritten notes taken during interview sessions). BUT: If the document is meant to perpetuate, communicate or formalize knowledge, it is a public record regardless of the fact that it is not in final form. EXAMPLE: Inter-office memoranda would be public records even if they ultimately do not become part of the agency's final "product" such as an ordinance, report, etc. KEY: It is not necessarily the form of the document but what was it used for. fly The Florida Attorney General takes the position that any document circulated for review, comment or information is a public record despite being marked "preliminary or working draft" or with some similar label. DON'T: Promise confidentiality to someone who submits something to you unless you are absolutely positive it is exempt from disclosure. 18 4. Medical Records and Tests: Some types of employee medical record information (e.g., drug test results, employee assistance program records, medical records of employees who are enrolled in agency group insurance plan, etc.) 5. Collective Bargaining Records Work product developed in preparation for an during negotiations. 6. Ride sharing participants. 7. Sealed bids or proposals until resolution of bid/proposal protest or within 10 days after opening, whichever is earlier. 8. Data Processing. Software Must be obtained under a licensing agreement which prohibits disclosure and which is a trade secret. NOTE: Attorney General says this is a public record and must be made available for inspection, but unauthorized reproduction of the software is prohibited. 9. Trade Secret Information As defined in F.S. 812.081, trade secret information is exempted from disclosure and covers more than data processing software previously discussed. 10. Discrimination complaints made to local government until a finding of probable cause is made or the complaint becomes inactive or part of a judicial proceeding. 11. Public records prepared by a Government attorney (including an attorney retained by the government) which reflects the attorney's litigation preparation (litigation strategy, theory, etc.) ~ This exemption in effect only to the end of the proceeding. B. Record With Both Exempt And Non-Exempt Material Custodian must delete exempt portion and produce rest. NOTE: Custodian must also state basis for the exemot part. C. Procedural Issues • Local government claiming an exemption from disclosure bears the burden of proof that it has the right to the exemption • If the records custodian claims an exemption, the custodian must state the basis of the exemption (including statutory citation) and, if requested, must give a written basis (with particularity) of the reasons why the record(s) is/are contended to be exempt 20 • cannot require the party to make a demand in person (versus over the telephone) • The demand need only be sufficient to identify records so they can be produced • The demand must be made on the custodian (person who maintains the office having the records) EXAMPLE: City Clerk, City Attorney, etc. C. Fees: 1. A fee cannot be charged for merely inspectincl,public records. BUT: When the nature or volume of records to be inspected will require extensive information technology resources or government supervisory assistance, then you can charge a "s ecial service charge." ~ The fee must be reasonable and based on actual cost incurred of service. ~ The Attorney General has said this function (access to public records) should not be aprofit-making or revenue-generating operation. 2. A fee can be charged for duplicating_records in an amount as required by law or if not prescribed, then as set out in the Public Records Act. a. Must be "actual cost of duplication". Defined as: 1) cost of materials; and 2) supplies used to duplicate the record, but not labor costs or overhead costs such as utilities). BUT: As discussed above, if extensive technology must be used or extensive government supervisory assistance is required, then a "special service charge" can be imposed. b. Sales tax is not charged on fees for duplication of public records. c. Persons bringing their own copying machine should be allowed to plug into the local government's electrical supply. IV. Penalties/Remedies A. A public officer who knowingly violates the inspection and examination parts of the law faces the following: 1. Possible suspension and removal or impeachment; and 2. Possible conviction of a first degree misdemeanor (up to one year in prison or $1000 fine or both). B. A public officer who violates ~ part of Chapter 119 can be found guilty of a noncriminal infraction (fine not exceeding $500) 22 22. GOVERNMENT IN THE SUNSHINE LAW Section 286.011, Florida. Statutes 1. Basic Provisions Section 286.011 (1) provides that: "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting." II. What constitutes a "board or commission"? A. All governing bodies and decision making committees. B. Advisory boards that are more than mere fact-finders. A public body cannot escape the application of the Sunshine Law by delegating a job to an "alter ego." Advisory boards with "decision-making" functions (i.e. screening applicants for an appointed position) are subject to the Sunshine Law. The courts focus on the nature of the act performed in determining whether a board is decision-making or merely fact-finding. III. What constitutes a "meeting"? A. An occasion where two or more members of the same board are present (includes presence physically, by telephone, by a-mail, or even when conferring by written documents, including documents transmitted by FAX), and B. Discussion ensues on a matter on which "foreseeable action" will be taken (encompasses entire decision-making process, including briefings, workshops,. seminars, etc.). IV. Requirements for a public meeting A. Location 1. Section 286.011 (6) prohibits holding public meetings at any facility that discriminates on the basis of sex, age, creed, color, origin, or economic status. 2. Section 286.26 requires accommodations to be made, upon written request received at least 48 hours in advance, for physically handicapped individuals. Federal law requires that persons with disabilities be given full access to all municipal meetings and programs. B. Notice 1. The Statute does not contain any particular notice requirements. 2. The courts have interpreted the intent of the statutes to require "reasonable notice". 24 23. CONFLICTS OF INTEREST: ELECTED AND APPOINTED GOVERNMENT OFFICIALS I. Voting conflicts A. Application -Section 112.3143, governing voting conflicts of interest applies to all "public officials" as defined in this Section to include any person elected or appointed to hold office in any agency, including any person serving on an advisory body. B. No county, municipal, or other local public officer can vote in an official capacity upon any measure which inures to the officer's "special private gain or loss" or to the special private gain or loss of any private entity by whom retained, relative or business associate. 1. Existence of "special private gain" depends upon facts. Exists if officer has an ownership interest that is affected; has a relative with an ownership interest; or has a continuing or ongoing business relationship with someone whose interest are affected. If the matter simply affects friends, fellow church or club members, or persons with whom the officer has a past (not ongoing or continuing) business relationship, no voting conflict exists. 2. Where the action will affect the officer in the same way it will affect a group of similarly situated citizens, the determination of whether a special gain exists will depend on the size of the class. If the class of persons is large, a special gain will result only if there are circumstances unique to the officer or principal under which the office or principal stands to gain more than the other members of the class. Where the class of person benefitting from the measure is extremely small, the possibility of special gain is much more likely. 3. Procedure to follow if special private gain problems exists: a. Prior to the vote, publicly explain the conflict; b. Abstain from voting; c. Within 15 days of the vote, document the disclosure in a written memorandum filed with the person responsible for documenting the minutes of the meeting. C. A public officer barred from voting may nevertheless participate in the discussion of the matter provided he first discloses the nature of his interest in the matter. The disclosure should be made in writing prior to the meeting. If the conflict was not anticipated prior to the meeting, however, the disclosure should be made verbally prior to any participation in the matter and must be followed up within 15 days with a written memorandum filed with the person responsible for documenting the minutes of the meeting. 26 24. FORM 1, STATEMENT OF FINANCIAL INTERESTS Sec. 112.3145 (1), (2), and (3), Florida Statutes WHO MUST FILE -All state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than elected constitutional officers who file Form 6) must file a Form 1, Statement of Financial Interest. LOCAL OFFICERS include: any person elected to office in any political subdivision and any person appointed to fill a vacancy for an unexpired term in such elective office; an appointed member of a board of any political subdivision (except members of solely advisory bodies), and all members of bodies exercising land-planning, zoning, or natural resources responsibilities, whether advisory or not. Local officers also include mayors and the chief administrative employee of a county, municipality, or other political subdivision, and any person holding one or more of the following positions within a county or municipality: city or county attorney; chief building inspector; water resources coordinator; .pollution control director; environmental control director; administrator with power to grant or deny a land development permit. Also included in this category are chief of police; fire chief; municipal clerk; district school superintendent; community college president; or a purchasing agent having the authority to make any purchase exceeding $15,000 for any political subdivision of the state or any entity thereof. WHAT MUST BE DISCLOSED -Form 1 requirements are set forth fully on the form. In general, this includes the reporting person's sources and types of financial interests, e.g., name of employer and address of real property holdings. No dollar values are required to be listed. WHEN TO FILE -Candidates for publicly-elected local oftlce ,must file Form 1 together with and at the same time they file their qualifying papers. State and local officers and specified state employees are required to file disclosure by July 1 of each year. Each state or local officer who is appointed and each specified state employee who is employed must file within thirty days from the date of appointment or the beginning of employment. Those appointees requiring Senate confirmation must file prior to confirmation. WHERE TO FILE -Each local officer files this form with the supervisor of elections in the County of permanent residence. A State officer or specified state employee files with the Secretary of State, The Capitol, Tallahassee, Florida, 32399. 28