CEO 86-25 -- April 3, 1986

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF THE LAND SELECTION COMMITTEE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT

To: Mr. Robert Grafton, Real Estate Counsel, South Florida Water Management District, West Palm Beach

SUMMARY:

Members of the Land Selection Committee of the South Florida Water Management District are not "local officers" subject to the requirement of filing annually a statement of financial interests. The Committee falls within the definition of "advisory body" in Section 112.312(1), Florida Statutes, and does not have any land-planning, zoning, or natural resources responsibilities as contemplated by Section 112.3145(1)(a)2, Florida Statutes. CEO 81-16 is referenced.

QUESTION:

Are members of the Land Selection Committee of the South Florida Water Management District "local officers" subject to the requirement of filing statements of financial interests annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees requires that each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes (1985). For purposes of such disclosure, the term "local officer" is defined to include:

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. [Section 112.3145(1)(a)2, Florida Statutes (1985).]

The term "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 (1985).]

Therefore, an appointed member of an "advisory body" as defined above is not required to file a statement of financial interests unless that body has land-planning, zoning, or natural resources responsibilities.

In your letter of inquiry you advise that the South Florida Water Management District was created by Chapter 373, Florida Statutes. The Land Selection Committee is composed of seven District staff members whose primary function is to make recommendations for proposed land acquisitions to the Governing Board of the District. However, the Board makes all final acquisition decisions and may review any project not recommended by the Committee. Apparently, the Committee has no budget, appropriations, or authorized expenditures.

We find that the Committee is an "advisory body" as defined above, since the Committee has no budget, appropriations, or authorized expenditures and its powers are solely advisory. In addition, we find that the Committee does not have natural resources responsibilities as contemplated by Section 112.3145(1)(a)2, Florida Statutes. In a previous opinion, CEO 81-16, we advised that an advisory board did not have natural resources responsibilities where the board was not delegated the responsibility of playing a role in permitting, planning, or other type of process relating to natural resources, but rather was given the authority only to review generally some natural resource matters, to formulate policy recommendations, and to present its advice to a superior board or officer. Under this test, it is apparent that the Land Selection Committee has been given only the authority to generally review matters pertaining to acquisition projects and to provide recommendations on land purchases to the Governing Board.

Accordingly, we find that the members of the Land Selection Committee of the South Florida Water Management District are not "local officers" and therefore are not required to file statements of financial interests annually.