CEO 75-61 -- March 31, 1975

PUBLIC OFFICER

DIRECTOR OF COUNTY HEALTH DEPARTMENT WITH PURCHASING AGENT POWERS

To: Kenneth F. Hausfeld, M.D., Director, Collier County Health Department, Naples

Prepared by: Patricia Butler

SUMMARY:

Section 112.312(7)(j), F. S. (1974 Supp.), provides that public employees with purchasing agent powers are "public officers" within the meaning of the disclosure law. Exercising such powers, Dr. Hausfeld is a public officer for purposes of this law and is therefore subject to disclosure provisions applicable to public officers within part III, Ch. 112, F. S.

QUESTION:

Am I, as director of the Collier County Health Department authorized to exercise purchasing agent powers for the department, a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions applicable to public officers?

This question is answered in the affirmative.

The definition of the term "public officer" includes

[p]urchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title. [Section 112.312(7)(j), supra; emphasis supplied.]

With the power which you possess to act as a purchasing agent for the Collier County Health Department, we must conclude that you come within the meaning of the term "public officer" for the purposes of this law. Therefore, you must comply with the disclosure provisions applicable to public officers.