CEO 75-162 -- August 6, 1975

INTERIM SUCCESSORS

EMERGENCY INTERIM SUCCESSORS FOR PUBLIC OFFICIALS AS REQUIRED BY S. 20.06, F. S. (1974 SUPP.), ARE NOT PUBLIC OFFICERS

To: John H. McCormick, Hamilton County Commission Attorney, Jasper

Prepared by: Jeff Trammel

SUMMARY:

Emergency interim successors, appointed pursuant to s. 20.06, F. S. (1974 Supp.), are deemed to be potential office holders rather than public officers or candidates for public office. They therefore are not deemed to be subject to the financial disclosure provisions of the Florida Code of Ethics.

QUESTION:

Are those persons designated as emergency interim successors for public officials pursuant to s. 20.06, F. S. (1974 Supp.), public officers within the context of the Florida Code of Ethics?

Your question is answered in the negative.

Section 20.06, supra, requires that public officials of all political subdivisions designate a certain number of persons, between three and seven, to serve as emergency interim successors in the event of the unavailability of the public officials due to traumatic national conditions resultant from an attack upon the United States.

The question presented is whether such designated successors are public officers. We find no evidence within the Code of Ethics of any intent on the part of the Legislature to require potential successors in office (other than candidates for elective office) to comply with the financial disclosure law.

We are therefore of the opinion that designated successors under the provisions of s. 20.06, F. S., are not public officers and, thus, are exempt from the financial disclosure provisions of the Florida Code of Ethics.