CEO 84-68 -- August 9, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS OF ADVISORY BOARD FOR THE SERVICE NETWORK FOR THE SEVERELY EMOTIONALLY DISTURBED

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

SUMMARY:

The members of the Advisory Board for the Service Network for the Severely Emotionally Disturbed, created by Section 230.2317, Florida Statutes, are not "state officers" subject to the requirement of filing statements of financial interests under Section 112.3145, Florida Statutes, as the authority of the Board is solely advisory.

QUESTION:

Are you, a member of the Advisory Board for the Service Network for the Severely Emotionally Disturbed, a "state officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes (1983). The term "state officer" is defined to include:

An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Section 112.3145(1)(c)2, Florida Statutes (1983).]

In turn, "advisory body" is defined to mean

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), Florida Statutes (1983).]

Section 230.2317(1)(a), Florida Statutes, specifies the Legislature's intent that by 1985-1986 there be a multi-agency network to provide education, mental health treatment, and residential services when needed for severely emotionally disturbed students. Funding for the network components for severely emotionally disturbed students is to be provided by the Department of Education and the Department of Health and Rehabilitative Services. The State Board of Education and the Department of Health and Rehabilitative Services are authorized to adopt rules to carry out the intent of Section 230.2317, Florida Statutes.

In addition, the Commissioner of Education and the Secretary of the Department of Health and Rehabilitative Services appoint an equal number of members to the Advisory Board for the Service Network for the Severely Emotionally Disturbed. The duties and responsibilities of the Advisory Board include the development of a 5-year multi- agency plan to establish a service network providing a continuum of education, mental health treatment, and residential services for severely emotionally disturbed students; recommending criteria for designation of the pilot network components; and reviewing implementation of the pilot network components. Section 230.2317(2), Florida Statutes.

The Bureau of Education for Exceptional Students of the Department of Education has advised our staff that the Advisory Board has no funds to spend or allocate. The Bureau also advised that staff from the Department of Education and from the Department of Health and Rehabilitative Services have been preparing the multi- agency plan for the Service Network, with the Advisory Board acting as a sounding board in strictly an advisory capacity. The plan consists of recommendations concerning what each Department should try to do in jointly cooperating to provide both education and treatment for severely emotionally disturbed students. Once drafted, the plan will be reviewed by bureau chief level employees of both Departments for suggestions and possible changes. The Bureau also advised that the plan will not be binding in the sense of legally requiring either Department to adhere to its provisions.

The Advisory Board clearly meets the budgetary criteria of an "advisory body." In addition, in the context of this multi-agency network, we find that the Board's powers and duties are solely advisory. Unlike land planning agencies, whose plans have binding effect on future land-use decisions, the plan developed by the Advisory Board has only advisory effect.

Accordingly, we find that as a member of the Advisory Board for the Service Network for the Severely Emotionally Disturbed you are not a "state officer" and therefore are not subject to the requirement of filing a statement of financial interests annually.