CEO 84-60 -- June 27, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO EXECUTIVE DIRECTOR OF DOWNTOWN DEVELOPMENT BOARD

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

SUMMARY:

The Executive Director of the Clearwater Downtown Development Board is a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes. As the Board is the governing body of a special taxing district, its Executive Director is the chief administrative employee of a political subdivision.

QUESTION:

Are you, the Executive Director of the Clearwater Downtown Development Board, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees requires that each "local officer" annually file a statement of financial interests. Section 112.3145(2)(b), Florida Statutes. The term "local officer" is defined to include

any person holding one or more of the following positions: . . . chief administrative employee of a county, municipality, or other political subdivision . . . . [Section 112.3145(1)(a)3, Florida Statutes (1983).]

Chapter 70-635, Laws of Florida, creates a special taxing district headed by the Clearwater Downtown Development Board in order to revitalize and preserve property values and prevent deterioration in the central business district of the City. Under Chapter 75-358, Laws of Florida, the Board which hired you as its Executive Director is composed of six non-commissioner members elected by persons owning property within the district and of the City Mayor or a City Commissioner designated by the Mayor. Chapter 77-637, Section 4, Laws of Florida, converted these special acts into ordinances of the City, but otherwise does not seem to have affected the status of the Development Board or the district.

In our view, you are the chief administrative employee of a political subdivision. The term "political subdivision" is defined to include special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. Section 1.01(9), Florida Statutes. As a special taxing district, the Downtown Development district is a political subdivision. Therefore, as the Executive Director for the Downtown Development Board, you are the chief administrative employee of a political subdivision.

Accordingly, we find that you are a "local officer" subject to the requirement of filing a statement of financial interests annually by virtue of your position as Executive Director for the Clearwater Downtown Development Board.