CEO 74-86 -- December 23, 1974

ADVISORY BOARDS

CITY BEAUTIFICATION COMMITTEE

To: G. Robert Fellows, City Attorney, Delray Beach

Prepared by: Patricia Butler

SUMMARY:

Under s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, only members of boards with solely advisory powers are excluded from the definition of "public officer" and thereby from applicable provisions of part III, Ch. 112, supra. The Delray Beach City Beautification Committee has no powers other than those of an advisory nature to the city council, according to Resolution No. 5-72, s. 10 of the Delray Beach City Council. Members of the committee thus are not public officers within the definition of part III, Ch. 112, supra, and are not subject to the disclosure provisions required of public officers.

QUESTION:

Are members of the Delray Beach City Beautification Committee public officers within the meaning of that term as used in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions required of public officers?

This question is answered in the negative.

The definition of a public officer includes:

Members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected, but excluding advisory board members. [Section 112.312(7)(b), supra; emphasis supplied.]

We have interpreted the exclusion of advisory boards emphasized above to apply only to those boards which are solely advisory. See CEO 74-20. An advisory board is one which renders advice or recommendations to an officer or agency, which officer or agency then has complete discretion to accept or reject the advice or recommendation presented by the advisory board. See CEO 74-4.

In this instance the City Beautification Committee has no power delegated to it other than powers of an advisory nature. Resolution No. 5-72, s. 10 of the Delray Beach City Council states: The duties and privileges of this committee are advisory only and shall always be subject to approval, disapproval and control of City Council.

Since the committee members act only in an advisory capacity to the city council, it is our opinion that these members are not public officers within the definition of part III, Ch. 112, F. S., and therefore are not subject to the disclosure provisions of this law.