CEO 74-46 -- November 1, 1974

STATE OFFICERS' COMPENSATION COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Donald H. Reed, Jr., Attorney, Boca Raton

Prepared by: Patricia Butler

SUMMARY:

All members of commissions are public officers within the definition of that term as found in s. 112.312(7), F. S., as amended by Ch. 74-177, Laws of Florida. Exclusion from disclosure provisions required of public officers is made only for members of boards whose function is solely advisory. At its creation by s. 112.192, F. S., the State Officers' Compensation Commission was designated as a solely advisory board (subsection [8]). Thus, members of said commission are advisory board members within the scope of the exclusion noted in s. 112.312(7)(b), supra.

QUESTION:

Do the financial disclosure requirements of Ch. 74-177, Laws of Florida, apply to members of the State Officers' Compensation Commission?

"Public officer" or "officer," within the purview of part III, Ch. 112, F. S., as amended by Chs. 74-176 and 74-177, Laws of Florida, is defined in s. 112.312(7), supra, to include, inter alia:

(b) Members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members. (Emphasis supplied.)

The State Officers' Compensation Commission is created by s. 112.192, F. S., and subsection (8) of said statute provides, in pertinent part:

The commission shall serve as an advisory body whose purpose is to study and evaluate trends and developments in compensating public officers in the several state governments. (Emphasis supplied.)

On the basis of the foregoing, we are of the opinion that the members of said commission are "advisory board members" and, thus, come within the scope of the exclusion noted above.

Accordingly, your question is answered in the negative.