From our friends at the News Service of Florida:
An appeals court Monday tossed out a constitutional challenge to a 2013 law that allows public officials to put their assets into blind trusts, pointing to the “speculative nature” of the case.
Jim Apthorp, who served as chief of staff to former Gov. Reubin Askew, filed the challenge last year alleging that the blind-trust law violated a constitutional requirement that officials fully disclose their financial interests.
But a three-judge panel of the 1st District Court of Appeal found that Apthorp’s case “wholly failed to allege a bona fide, actual, present practical need for a declaration that the qualified blind trust statute is unconstitutional.” In part, it said Apthorp did not allege any public official or candidate had used a blind trust in the most-recent financial disclosures.
“This case presents an important constitutional question, namely whether a public officer who includes a qualified blind trust authorized under (the section of state law) in any financial disclosure required by law complies with the requirement for full and public disclosure found in (the state Constitution),’’ said the ruling, written by Judge Lori Rowe and joined by judges Timothy Osterhaus and Brad Thomas. “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 lacks a justiciable controversy.”