CEO 76-140 -- July 26, 1976

TRAFFICWAYS COMMITTEE

FINANCIAL DISCLOSURE REQUIREMENTS

To: (Name withheld at the person's request.)

Prepared by: Gene Rhodes

SUMMARY:

A county trafficways committee which serves in a solely advisory capacity and meets the financial requirements described in Florida Statute s. 112.312(1)(1975) is deemed to constitute an advisory body for purposes of the Financial Disclosure Law. Members of the trafficways committee thus are deemed exempt from disclosure requirements of the law pursuant to the exception set forth in s. 112.3145(1)(a)2.(1975).

QUESTION:

Am I, as a member of the ____ County Trafficways Committee, a local officer and therefore subject to the filing of a Statement of Financial Interests, CE Form 1?

This question is answered in the negative.

The Code of Ethics for Public Officers and Employees requires that each local officer file a statement of financial disclosure on an annual basis. Fla. Stat. s. 112.3145(2)(b)(1975). However, the term "local officer" is defined by the code to exclude members of advisory bodies. Fla. Stat. s. 112.3145(1)(a)2.(1975). The term advisory body is defined to include

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Fla. Stat. s. 112.312(1)(1975).]

The ordinance establishing the ____ County Trafficways Committee establishes that the committee meets the financial guidelines for an advisory body. ____ County Ordinance No. 76-13, s. 5. The duties of the committee are to examine county trafficways, to analyze current and future needs, to determine expenditures required to meet those needs, and to report its findings, conclusions, and recommendations to the board of county commissioners. ____ County Ordinance No. 76- 3, s. 4. In our view these duties are solely advisory, and we therefore deem the ____ County Trafficways Committee to be an advisory body. Consequently, as a member of the committee, you are not required to file an annual statement of financial disclosure.