CEO 76-136 -- July 26, 1976

CAPITOL CENTER PLANNING COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE REQUIREMENTS TO MEMBERS

To: Wayne F. Betts, Division of Building Construction and Property Management, Department of General Services, Tallahassee

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics requires that each local officer annually file a statement of financial disclosure. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include appointed members of commissions of any political subdivision of the state, excluding members of advisory bodies, but providing further that bodies with land planning or zoning responsibilities are not to be deemed advisory. Fla. Stat. s. 112.3145(1)(a)2.(1975). The Florida Statutes define the term "political subdivision" to include, among others, all districts of the state. Fla. Stat. s. 1.01(9)(1975). As the Capitol Center Planning District is a specifically defined district of the state [Fla. Stat. s. 272.12(1)(1975)], and inasmuch as the Capitol Center Planning Commission's duties are in the area of land planning and zoning, members of that commission are deemed to be local officers subject to the annual filing of statements of financial disclosure.

QUESTION:

Are the members of the Capitol Center Planning Commission required to file statements of financial disclosure on an annual basis?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees requires that each local officer file a statement of financial interests each year. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include

[a]ny appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Fla. Stat. s. 112.3145(1)(a)(1975).]

The Florida Statutes define the term "political subdivision" to include "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state." [Fla. Stat. s. 1.01(9)(1975); emphasis supplied.] The Florida Capitol Center Planning District is a specifically defined district in this state. Fla. Stat. s. 272.12(1)(1975). Consequently, members of the Capitol Center Planning Commission are local officers unless that body can be deemed an advisory body within the meaning of that term as it is defined in the Code of Ethics.

Among its other duties, the commission serves as the sole planning and zoning authority within the district. Fla. Stat. s. 272.12(2)(c)1.(1975). Section 112.3145(1)(a)2., quoted above, specifically excludes bodies with land-planning and zoning responsibilities from advisory body status.

Accordingly, members of the Capitol Center Planning Commission are local officers and therefore are required to file statements of financial disclosure each year.