CEO 91-35 -- July 19, 1991

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF

COUNTY REDEVELOPMENT AGENCY LOCAL ADVISORY COMMITTEES

AND ADVISORY BOARD

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

SUMMARY:

The members of county community redevelopment agency local advisory committees and the members of a county community redevelopment agency advisory board are subject to annual disclosure of financial interests under Section 112.3145, Florida Statutes. Since the members of the committees and the board have zoning or land-planning responsibilities, they are not within the exemption from disclosure afforded to members of a local advisory body. CEO 88-72 and CEO 89-25 are referenced.

QUESTION:

Are the members of the Lee County Community Redevelopment Agency Local Committees and the members of the Lee County Community Redevelopment Agency Advisory Board "local officers" subject to the requirement of filing annual statements of financial interests?

Your question is answered in the affirmative.

In your letter of inquiry, a telephone conversation with our staff, and in a subsequent letter to our staff, you advise that the Lee County Community Redevelopment Agency (CRA) was established by County ordinance on July 11, 1990. The purpose of the CRA is to undertake specific community redevelopment activities in eleven geographical communities of Lee County. Each community has a Local CRA Committee. The Committees are composed of citizens from the respective local communities who are appointed by the County Commissioner whose commission district includes the community. The Committees advocate their communities' desired goals relating to development and implementation of redevelopment plans to CRA staff. Such Committee input to CRA staff includes comments on land use and zoning issues. Committees do not have authority to restrict the redevelopment plan process from proceeding.

The CRA Advisory Board is comprised of one representative from each of the eleven communities, and one member from each of several other local boards, appointed by the County Commission. The role of the Board is to review redevelopment plans of the communities and to give input about the plans, including portions of the plans dealing with land use and zoning, to the CRA staff prior to the staff's presenting plans to the Local Planning Agency. The Board does not give binding recommendations on land use and zoning issues and does not have authority to restrict the redevelopment plan approval process from proceeding.

The County Commission has final approval authority over redevelopment plans.

Section 112.3145(2)(b), Florida Statutes, provides:

Each state or local officer and each specified state employee shall file a statement of financial interests no later than July 1 of each year. Each state or local officer who is appointed and each specified state employee who is employed shall file a statement of financial interests within 30 days from the date of appointment or, in the case of a specified state employee, from the date on which the employment begins, except that any person whose appointment is subject to confirmation by the Senate shall file prior to confirmation hearings or within 30 days from the date of appointment, whichever comes first.

This section requires local officers to file financial disclosure.

Section 112.3145(1)(a)2, Florida Statutes, in relevant part, defines "local officer" as follows:

Any appointed member of a board; commission; authority, including any expressway authority or transportation authority established by general law; community college district board of trustees; or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body.

It is our opinion that the Committees and Board have land-planning or zoning responsibilities due to their roles in the community redevelopment plan process. Due to these responsibilities, the Committees and Board cannot be considered an "advisory body" within the meaning of Section 112.3145(1)(a)2. See CEO 88-72 and CEO 89-25.

Accordingly, we find that the members of the Lee County Community Redevelopment Agency Local Advisory Committees and the members of the Lee County Community Redevelopment Advisory Board are "local officers" required to file statements of financial interests annually as provided in Section 112.3145, Florida Statutes.