CEO 75-190 -- September 25, 1975

PLANNING AGENCIES

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Forrest L. Wendell, Mayor, City of Edgewood

Prepared by: Gene Rhodes

SUMMARY:

Members of a local government planning agency to be established under provisions of Ch. 75-257, Laws of Florida, are deemed to be local officers as defined by the revised financial disclosure law which takes effect on January 1, 1976. Section 112.3145(2), F. S., created by Ch. 75-196, Laws of Florida, provides that "local officers" are required to file statements of financial disclosure and defines the term to include appointed members of boards, excluding any member of an advisory body, but providing that "[a] governmental body with land planning, zoning or natural resources responsibilities shall not be considered an advisory body." Section 112.3145(1)(a)2., F. S. Therefore, appointed members of local government planning agencies will be deemed to be subject to financial disclosure after January 1, 1976, and will be required to file on or before the July 15 deadline.

QUESTION:

Are members of a local government planning agency to be established under provisions of ch. 75-257, Laws of Florida, "local officers" within the meaning of that term as found in the Code of Ethics for Public Officers and Employees and therefore required to file statements of financial interest?

Your question is answered in the affirmative.

It is our understanding that you will not be establishing your local planning agency until after January 1, 1976, on which date the recently revised financial disclosure law will go into effect. That revision requires appointed local officers to file a statement of financial interests within 30 days from the date of appointment. Section 112.3145(2), F. S., as amended by Ch. 75-196, Laws of Florida. "Local officer" is defined in part to include:

Any appointed member of a board, commission, authority, 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. [Section 112.3145(1)(a)2., supra.]

The local government planning agencies obviously will be governmental bodies with land planning responsibilities for the conduct of the comprehensive plan. Appointed members of the agency therefore are required to file a statement of financial interests within 30 days from the date of their appointments.