CEO 00-19 -- October 10, 2000

FINANCIAL DISCLOSURE

ADVISORY COMMITTEES TO COMMUNITY REDEVELOPMENT AGENCY

To: William J. Cea, Esquire, (Winter Haven)

SUMMARY:

As of January 1, 2001--the effective date of Chapter 2000-243, Laws of Florida--advisory committee members to the Winter Haven Community Redevelopment Agency are no longer subject to the financial disclosure requirements of Section 112.3145, Florida Statutes. Chapter 2000-243, Laws of Florida, amended the definition of "local officer" in Section 112.3145, Florida Statutes, to remove appointed members of citizen advisory committees, even where advisory committees to community redevelopment agencies make recommendations regarding land-planning and zoning.

QUESTION:

Are members of advisory committees to a community redevelopment agency subject to the financial disclosure requirements of Section 112.3145, Florida Statutes, as amended by Chapter 2000-243, Laws of Florida?

Your question is answered in the negative.

In your letter of inquiry, you explain that the City of Winter Haven has established a Community Redevelopment Agency (CRA) in accordance with the requirements of Chapter 163, Florida Statutes, and that members of the City Commission also serve as the Community Redevelopment Agency Board of Commissioners. The CRA recently established two advisory committees for the purpose of studying redevelopment issues and making recommendations to the CRA for two areas within the City. The redevelopment plan for each area includes issues such as future land use and zoning in conjunction with establishing a framework for community redevelopment. Although the members of the advisory committees are presently required to file financial disclosure under the rationale of CEO 91-35, you question whether recent legislative changes to Section 112.3145, Florida Statutes, will affect this obligation.

Section 3 of Chapter 2000-243, Laws of Florida, amends the definition of "local officer" in Section 112.3145(1)(a)2, Florida Statutes, to include:

Any appointed member of any of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision of the state:

a. The governing body of the political subdivision, if appointed;

b. An expressway authority or transportation authority established by general law;

c. A community college or junior college district board of trustees;

d. A board having the power to enforce local code provisions;

e. A planning or zoning board, board of adjustment, board of appeals, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and such other groups who only have the power to make recommendations to planning or zoning boards;

f. A pension board or retirement board having the power to invest pension or retirement funds or the power to make a binding determination of one's entitlement to or amount of a pension or other retirement benefit; or

g. Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. [e.s.]

Chapter 2000-243, Laws of Florida, takes effect January 1, 2001.

As you note, in CEO 91-35, we opined that members of CRA advisory boards were required to file financial disclosure because of their land-planning or zoning responsibilities due to their roles in the community redevelopment plan process. However, with the enactment of Chapter 2000-243, Laws of Florida, citizen advisory committees to land-planning and zoning agencies were specifically removed from the list of local officers required to file financial disclosure, unless the appointing authority (in this case, the CRA) imposes the obligation on its advisory committee members by adopting a resolution to that effect.

Accordingly, as of January 1, 2001, when Chapter 2000-243, Laws of Florida, takes effect, members of advisory committees to community redevelopment agencies no longer will be considered "local officers" who are required to file statements of financial interest pursuant to Section 112.3145, Florida Statutes.

ORDERED by the State of Florida Commission on Ethics meeting in public session on October 5, 2000 and RENDERED this 10th day of October, 2000.

________________________

Howard Marks

Chair