CEO 84-53 -- June 7, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO HOSPITAL ADMINISTRATOR

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

SUMMARY:

An employee of a nonprofit corporation as administrator of a public hospital is not a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes. As an employee of a nonprofit corporation rather than of a political subdivision, the administrator of the hospital is neither the chief administrative employee of a political subdivision nor a public employee with purchase authority.

QUESTION:

Are you, an employee of a nonprofit corporation as administrator of a public hospital, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

Each person defined by the financial disclosure law as a "local officer" is required to file a statement of financial interests within thirty days of appointment and annually thereafter by July 1. Section 112.3145(2)(b), Florida Statutes (1983). The term "local officer" is defined to include

[a]ny person holding one or more of the following positions: . . . chief administrative employee of a county, municipality, or other political subdivision; . . . or purchasing agent having the authority to make any purchase exceeding $1,000 for any political subdivision of the state or any entity thereof. [Section 112.3145(1)(a)3, Florida Statutes (1983).]

The term "purchasing agent" is defined as follows:

a public officer or employee having the authority to commit the expenditure of public funds through a contract for, or the purchase of, any goods, services, or interest in real property for an agency, as opposed to the authority to request or requisition a contract or purchase by another person. [Section 112.312(16), Florida Statutes (1983).]

The Hospital District of Hardee County has been created as a special district by Chapter 65-1607, Laws of Florida. Special districts are considered to be "political subdivisions" under Section 1.01(9), Florida Statutes. Therefore, the chief administrative employee of the Hospital District is required to file a statement of financial interests under the disclosure law.

However, you have advised that the Hospital District has entered into a management services agreement with a nonprofit corporation under which the corporation provides hospital management services for a hospital operated by the district. Your services as administrator of the hospital are furnished as an employee of the corporation under the agreement.

Under the circumstances, we find that you are not an employee of the Hospital District, a political subdivision, but rather are an employee of the private, nonprofit corporation. Similarly, we find that you are not a public officer or employee within the definition of "purchasing agent" quoted above.

Accordingly, we find that you are not a "local officer" and therefore that you are not subject to the requirement of filing a statement of financial interests.