CEO 75-111 -- May 23, 1975

ADVISORY BOARD

FUNCTIONS DETERMINATIVE OF BOARD WITH "ADVISORY" STATUS

To: Robert D. Bickel, University Attorney, Florida State University, Tallahassee

Prepared by: Jeff Trammel

SUMMARY:

Reference is made to CEO 74-5 and CEO 74-22. If any nonadvisory function is legally delegated to, or exercised by, a board, even where such functions are secondary to the board's advisory function, that body is not deemed to be "advisory" within the meaning of s. 112.312(7)(b), F. S. (1974 Supp.). The Florida State University Council of Advisors, however, is purely advisory; its members, therefore, are not deemed to be public officers within the meaning of part III, Ch. 112, F. S., and thus are not subject to those disclosure provisions applicable to public officers.

QUESTION:

Are the members of the Florida State University Council of Advisors public officers within the meaning of that term as used in part III, Ch. 112, F. S. (1974 Supp.), when their functions are solely advisory?

This question is answered in the negative.

Section 112.312(7)(b), F. S. (1974 Supp.), states that public officers include:

Members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members. (Emphasis supplied.)

It has been the determination of this commission that if any nonadvisory function is legally delegated to, or exercised by, a board, even where such functions are secondary to the board's advisory function, that body cannot be classified as "advisory." See CEO 74-5 and CEO 74-22.

In your letter of inquiry, you note that the Council of Advisors has neither direct nor indirect decision-making powers. Nor do there appear to be other nonadvisory functions delegated to or exercised by the council. We are therefore of the opinion that the Florida State University Council of Advisors is solely advisory in nature. The financial disclosure provisions of the Code of Ethics are not applicable in that the council members are not public officers within the meaning of s. 112.312(7)(b), F. S. (1974 Supp.).