CEO 74-43 -- November 1, 1974

FINANCIAL DISCLOSURE

APPLICABILITY TO PLANNING BOARD OF SOUTH MIAMI

To: Jack Block, Mayor, South Miami

Prepared by: Patricia Butler

SUMMARY:

Reference is made to CEO 74-18. Notwithstanding the exclusion of advisory board members from the general categories of public officers in s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, "public officer" is specifically defined in s. 112.312(7)(i), F. S., to include "members of planning and zoning boards, or any boards having jurisdiction with respect thereto." The specific must control over the general in application of this law. Therefore, members of the Planning Board of South Miami are public officers within the meaning of s. 112.312(7)(i), supra, and are subject to disclosure provisions as they apply to public officers.

QUESTION:

Is a member of the Planning Board of South Miami, a solely advisory body, a public officer as defined in part III, Ch. 112, F. S., as amended by Ch. 74- 177, Laws of Florida, and thus subject to disclosure provisions as they apply to public officers?

Your question is answered in the affirmative.

Public officers are specifically defined to include ". . . members of planning and zoning boards, or any boards having jurisdiction with respect thereto." Section 112.312(7)(i), F. S. This language, in its specificity, must control over s. 112.312(7)(b), F. S., which excludes advisory board members from the following general categories of officers: "members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members." This exclusion of advisory boards applies only to those categories stated above; it has no application to other subsections or paragraphs within the definition section of this law.

We therefore conclude that the members of the Planning Board of South Miami are public officers within the meaning of s. 112.312(7)(i), supra. We make no determination as whether this board is solely advisory since the members are deemed to be public officers whether an advisory status exists or not. See CEO 74-18.