CEO 74-62 -- November 15, 1974
APPLICABILITY TO PLUMBING INSPECTOR
To: Anthony Miglionico, Plumbing Inspector, Ft. Lauderdale
Prepared by: Patricia Butler
Categories of persons considered public officers are expressly stated in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida. Since a Plumbing Inspector I is not included in that listing, persons holding that position are not considered public officers. However, as a plumbing inspector, Mr. Miglionico is an employee of the City of Ft. Lauderdale, which is considered an "agency" within the meaning of that term as found in part III, Ch. 112, supra. He is therefore an employee of an agency subject to disclosure provisions for employees of agencies set forth in part III, Ch. 112, supra, and should file CE Form 3 only if designated interests are applicable.
1. Is a Plumbing Inspector I a public officer within the meaning of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions relating to public officers?
2. Is a Plumbing Inspector I an employee of an agency within the meaning of part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to employees of agencies?
Question 1 is answered in the negative.
The categories of persons declared to be public officers for the purpose of part III, Ch. 112, supra, are explicit and exclusive. Thus, in order to be subject to those portions of this law which apply to public officers, one's position must be expressly stated within the definition of that term as found in part III, Ch. 112, supra.
As indicated in your letter of inquiry, a Plumbing Inspector I is a job classification under the supervision of, and subordinate to, the chief plumbing inspector, who has the final responsibility for plumbing inspections. Since the law fails to include a Plumbing Inspector I within the definition of the term "public officer," it is our opinion that you are not a public officer within the meaning of this law. Therefore, you are not subject to the financial disclosure provisions relating to public officers.
Question 2 is answered in the affirmative.
Certain standards of conduct set forth in part III, Ch. 112, supra, apply both to public officers and to employees of agencies. As used in this act, "agency" means: "any state, county, local, or municipal governmental entity . . . ." (Emphasis supplied.) Section 112.312(1), F. S. The City of Fort Lauderdale, being a municipal governmental entity, is squarely within the meaning of the term "agency." Thus, a Plumbing Inspector I, as an employee of the city, must comply with the standards of conduct for employees of agencies as set forth in part III, Ch. 112, supra (see copy enclosed). Also enclosed is a copy of CE Form 3 which must be filed with the clerk of the circuit court if you hold any of the designated interests.