CEO 74-64 -- November 15, 1974

PLANNING BOARDS

APPLICABILITY OF PART III, CH. 112, F. S., AS AMENDED BY Ch. 74-177, LAWS OF FLORIDA, TO MEMBERS OF THE HOLLY HILL PLANNING BOARD

To: Nicholas A. Caputo, Holly Hill

Prepared by: Patricia Butler

SUMMARY:

Section 112.312(7)(i), F. S., as amended by Ch. 74- 177, Laws of Florida, specifically includes in its definition of the term "public officer" members of planning boards or any boards having jurisdiction with respect thereto. This specific language must control over s. 112.312(7)(b), F. S., which excludes advisory board members from general categories of officers. Thus, because of express mention of planning board members, members of the Holly Hill Planning Board are public officers subject to disclosure provisions applicable to public officers.

QUESTION:

Are members of the Holly Hill Planning Board, a solely advisory body, public officers within the meaning of 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?

Your question is answered in the affirmative.

The Commission on Ethics is of the opinion that members of planning boards are public officers within the meaning of the disclosure act. Section 112.312(7)(i), F. S., as amended by Ch. 74- 177, Laws of Florida, specifically defines public officers to include ". . . members of planning boards . . . or any boards having jurisdiction with respect thereto." This language, in its specificity, must control over s. 112.312(7)(b) which excludes advisory board members from the following general categories of officers: "[m]embers of boards, commissions, authorities, [and] special taxing districts . . . however selected . . . ." 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. See AGO 073-362.

We therefore conclude that members of the Holly Hill Planning Board are public officers because of the express mention of planning board members in s. 112.312(7)(i). We make no determination as to whether this board is solely advisory since, as indicated above, the members are deemed to be public officers whether an advisory status exists or not. See CEO 74-18.