CEO 75-65 -- March 31, 1975

(Reconsidered; see CEO 75-158)

CEO 74-68

RECONSIDERATION OF OPINION

To: Donald A. Pickworth, Assistant County Attorney, Collier County, Naples

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

It is reaffirmed that boards with advisory responsibility relating to land use planning fall within the language of s. 112.312(7)(i), F. S. (1974 Supp.), which provides that "members of planning and zoning boards, or any boards having jurisdiction with respect thereto" are public officers for purposes of disclosure. Such a reading of the phrase is both sound and consonant with the legislative intent to include members of all boards with responsibilities in the broad area of planning and zoning in the category of public officers.

This is in response to your request that we reconsider our position taken in CEO 74-68 in regard to the phrase "jurisdiction with respect thereto" contained in s. 112.312(7)(i), F. S., as amended by Ch. 74-177, Laws of Florida. The question we addressed in CEO 74-68 was:

Are the members of a water management board, an environmental advisory council, a parks and recreation advisory board, the Coastal Area Planning and Zoning Commission, and the Immokalee Area Planning and Zoning Commission public officers within the meaning of the term as used in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida?

We have reevaluated this opinion and have found our interpretation of the term "jurisdiction" to be both sound and consonant with the legislative intent. We must therefore conclude that our initial determination as to the status of the members of the several boards in question was correct.