CEO 75-47 -- March 5, 1975

STATE COUNCIL

APPLICABILITY OF THE CODE OF ETHICS TO MEMBERS

To: William S. Thompson, Executive Director, Lions Industries for the Blind, West Palm Beach

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Reference is made to CEO 74-5 and CEO 74-25. The term "public officer" as defined in s. 112.313(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, excludes only advisory board members. Under s. 4, Ch. 74-236, Laws of Florida, the Council for the Purchase of Products and Services of the Blind or Other Severely Handicapped is empowered to determine market prices for products and services offered for sale, to promulgate rules and regulations, and to purchase goods and services. By virtue of these regulatory and policymaking powers, members of the council are public officers subject to requirements set forth in the Code of Ethics, part III, Ch. 112, supra.

QUESTION:

Are members of the Council for the Purchase of Products and Services of the Blind or Other Severely Handicapped 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 as they apply to public officers?

Your question is answered in the affirmative.

The term "public officer" is defined in part III, Ch. 112, supra, to include:

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.]

While under the Governmental Reorganization Act of 1969 a "council" is defined to mean an "advisory body," s. 20.03(7), we have stated in previous opinions that such a denomination is not controlling where the body exercises nonadvisory functions, even where such functions are secondary to the board's advisory functions. See CEO 74-5 and CEO 74-25.

Under the duties and powers section of the act creating the Council for the Purchase of Products and Services of the Blind or Other Severely Handicapped, s. 4, Ch. 74-236, Laws of Florida, the council is vested with the power to "determine the market price of all products and services offered for sale," to promulgate "such rules and regulations regarding specifications, time of delivery, assignment of products and services to be supplied by nonprofit agencies," and to "purchase products and services elsewhere when requisitions cannot reasonably be complied with through the nonprofit agencies." These powers are more than advisory.

We must therefore conclude that the council's members are within the definition of the term "public officer" as defined in s. 112.312(7)(b), F. S., and thus are required to comply with the provisions of the Code of Ethics, part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, as they apply to public officers.