CEO 76-56 -- March 16, 1976

SOIL AND WATER CONSERVATION DISTRICT

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO BOARD OF SUPERVISORS

To: Clarke Dolive, Board of Supervisors, Volusia Soil and Water Conservation District, DeLand

Prepared by: Bonnie Johnson

SUMMARY:

A soil and water conservation district established pursuant to Ch. 582, F. S., is defined as "[a] governmental subdivision of the state, and a body corporate and politic." Supervisors are elected by qualified electors within the district. Supervisors of such districts therefore are deemed to be "local officers" subject to disclosure pursuant to Fla. Stat. s. 112.3145(1)(a)1.(1975).

QUESTION:

Are members of the board of supervisors of a soil and water conservation district established pursuant to Fla. Stat. s. 582.10 "local officers" within the definition of that term in Fla. Stat. s. 112.3145(1)(1975) and therefore required to file statements of financial disclosure?

Your question is answered in the affirmative.

A soil and water conservation district, established pursuant to Ch. 582, F. S., is defined as "a governmental subdivision of the state, and a body corporate and politic . . . ." Fla. Stat. s. 582.01(1)(1975). Supervisors of such districts are elected to office, all qualified electors residing in the district being eligible to vote.

The Code of Ethics for Public Officers and Employees provides that "local officers" file annually a statement of financial interests. The term "local officer" is defined to include "[e]very person who is elected to office in any political subdivision of the state, and every person who is appointed to fill a vacancy for an unexpired term in such elective office." Fla. Stat. s. 112.3145(1)(a)1.(1975). Accordingly, members of the board of supervisors of a soil and water conservation district are deemed to be local officers subject to financial disclosure requirements of the Code of Ethics.