CEO 74-83 -- December 23, 1974

ADVISORY BOARD

WINTER HAVEN PROMOTIONS COMMITTEE

To: Lawrence Braisted, City Attorney, Winter Haven

Prepared by: Patricia Butler

SUMMARY:

The definition of "public officer" set forth in s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, excludes advisory board members. See CEO 74-20 and CEO 74-4. The Winter Haven Promotions Committee performs advisory and public relations duties for the city commission, acting in a nonregulatory and nonpolicymaking capacity. The commission is therefore an advisory board whose members are not public officers and are not subject to disclosure provisions required of public officers.

QUESTION:

Are members of the Winter Haven Promotions 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 relating to public officers?

This question is answered in the negative.

The meaning of the term "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 to apply only to those boards which are solely advisory in nature. See CEO 74-20. An advisory board is one which renders advice or recommendations to an officer or agency. This officer or agency then has complete discretion to accept or reject the advice or recommendation presented by the advisory board. See CEO 74-4.

The promotions committee is involved in publicizing and promoting the City of Winter Haven. The committee submits its recommendations to the city commission as to the types of promotions it desires to make and the media in which the necessary advertisements are to be placed. The promotions committee is then responsible for arranging the advertising in the media for the city. The city commission establishes a budget for the committee. All funds are disbursed by the finance department of the city and all contracts are approved by the city manager. We find on the basis of this information that the promotions committee has only advisory powers and duties. It does not contract or control the expenditures made to promote the City of Winter Haven.

We therefore conclude that the members of the Winter Haven Promotions Committee are not public officers as defined in part III, Ch. 112, F. S., and are not subject to the disclosure provisions of this law.