James Call
An appeals Court Monday tossed a challenge to a 2013 law that allows public officials to shield put their assets in a blind trust and ordered a Leon County Circuit Judge to dismiss the lawsuit.
The ruling came in a case brought by Jim Apthorp, a former aide to Gov. Reuben Askew who argued that a portion of a 2013 law allowing public officials to create a blind trust instead of revealing assets on a financial disclosure form violated the state’s Sunshine Amendment.
In July, Leon County Circuit Judge John Cooper ruled the blind trust provision did not violate the constitution’s open-government requirements. However, a three-judge panel of the 1st District Court of Appeal said Cooper should not have issued a ruling since Apthorp’s case “failed to allege a bona fide.” That is, whether there is a need for a declaration since Apthorp did not allege any public official had used a blind trust.
The DCA said any constitutional question might be settled later, when someone alleges a public official is using a blind trust in place of a traditional financial-disclosure form.
“This case presents an important constitutional question,” wrote Judge Lori Rowe. “However, notwithstanding the substantial interest in this case from the bench and bar, we are constrained to leave for another day the resolution of this constitutional question because this case lack a justiciable controversy.”
And in a concurring opinion, Judge Brad Thomas wrote, “our conclusion on jurisdiction should not be read as an imprimatur on the state’s constitutional validity.”
In defending the blind trust provision, lawyers from the Attorney General’s office had argued that the Constitution allows lawmakers to decide what is meant when the Sunshine Amendment’s statement of “full and public” disclosure of financial assets.
Sandy D’Alemberte who was a state representative when the Legislature passed the amendment and represented Apthorp countered the argument when the DCA heard the case in last month.
“The Sunshine Amendment starts off with the words, a public office is a public trust,” said D’Alemberte. “We may not have a blind trust which conceals, not reveals, what the financial interests are.”
A blind trust is established when an official gives someone authority to manage investments without the official’s supervision and knowledge. Supporters of the 2013 provision say it prevents conflicts of interest from arising. Opponents argue it does not require the same amount of disclosure as the traditional financial disclosure forms.
Gov. Scott used a blind trust during his first term but last year listed his assets when he qualified for re-election.
