CEO 78-15 -- March 15, 1978

AGENCY SUB-AREA COUNCIL OF HEALTH SYSTEMS

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE TO MEMBERS

To: (Name withheld at the person's request.)

Prepared by: Phil Claypool

SUMMARY:

Reference is made to Florida Gulf Health Systems Agency, Inc. v. Commission on Ethics, 354 So.2d 932 (2 D.C.A. Fla., 1978), in which the Second District Court of Appeal of Florida recently determined that the members of governing boards of health systems agencies structured as nonprofit corporations are not subject to filing financial disclosure because they are neither "appointed" nor "elected" as contemplated by the financial disclosure law. Accordingly, members of the board of directors of a sub-area council of a health systems agency are not "local officers" subject to the financial disclosure requirements of s. 112.3145, F. S. 1977.

QUESTION:

Are the members of a sub-area council of a health systems agency required to file financial disclosure annually?

Your question is answered in the negative.

In your letter of inquiry you advise that you serve on the Board of Directors of the ____ County Sub-Area Council of the Health Systems Agency of South Florida.

The Second District Court of Appeal of Florida recently determined that the members of the governing boards of health systems agencies in Florida are not subject to filing financial disclosure because they are neither "appointed" nor "elected" as contemplated by the financial disclosure law. Florida Gulf Health Systems Agency, Inc. v. Commission on Ethics, 354 So.2d 932 (2 D.C.A. Fla., 1978). Accordingly, we find that the members of the board of directors of a sub-area council of a health systems agency are not subject to the financial disclosure requirements of s. 112.3145, F. S. 1975.