CEO 77-102A -- March 15, 1978

(Supplement to 77-102)

 

HEALTH SYSTEMS AGENCY

 

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

 

To:      Edward L. Perrine, Florida Gulf Health Systems Agency, Inc., St. Petersburg

 

Prepared by:   Phil Claypool

 

SUMMARY:

 

The Second District Court of Appeal of Florida, in Florida Gulf Health Systems Agency, Inc. v. Commission on Ethics, 354 So.2d 932 (2 D.C.A. Fla., 1978), held that members of the governing board of a health systems agency structured as a nonprofit corporation cannot be termed "local officers" subject to the financial disclosure law as they are neither "appointed" nor "elected" as contemplated by that law. Accordingly, CEO 77-102 is rescinded, and the Commission finds that members of the governing board of a health systems agency do not constitute "local officers" subject to the requirement of filing financial disclosure under s. 112.3145, F. S. 1977. To the extent that this opinion requires the reversal of the following, previously issued advisory opinions, these opinions hereby are reversed: CEO's 75-2, 75-16 (question 4), 75-192 (question 2), 77-18 (question 1), 77-115, and 77-131.

 

(SEE 77-102 FOR QUESTION.)

 

This advisory opinion is being issued in order to conform our previous opinion, CEO 77-102 to the opinion of the Second District Court of Appeal of Florida in Florida Gulf Health Systems Agency, Inc. v. Commission on Ethics, 354 So.2d 932 (2 D.C.A. Fla., 1977). In that case, the District Court of Appeal held that the members of the governing board of a health systems agency structured as a nonprofit corporation cannot be termed "local officers" subject to the financial disclosure law since they are neither "appointed" nor "elected" as contemplated by that law.

Accordingly, we find that the members of the governing board of a health systems agency are not "local officers" subject to the requirement of filing financial disclosure under s. 112.3145, F. S. 1977.

To the extent that this opinion requires the reversal of the following, previously issued advisory opinions, these opinions are hereby reversed: CEO's 75-2, 75-16 (question 4), 75-192 (question 2), 77-18 (question 1), 77-115 and 77-131.