CEO 77-20 -- February 17, 1977

CITIZENS PLANNING ADVISORY COMMITTEE

APPLICABILITY OF FINANCIAL DISCLOSURE REQUIREMENTS TO MEMBERS

To: Kenneth A. Jones, Assistant Lee County Attorney, Fort Myers

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 76-156. As s. 112.3145(1)(a)2., F. S. 1975, provides that a governmental body with land-planning responsibilities may not be deemed an advisory body for purposes of financial disclosure, members of a county's citizens planning advisory committee constitute local officers subject to the annual filing of statements of financial interests. Section 112.3145(2)(b), F. S. 1975.

QUESTION:

Are the members of the Lee County Citizens Planning Advisory Committee local officers required to make financial disclosure?

Your question is answered in the affirmative.

The Lee County Citizens Planning Advisory Committee was originally established pursuant to a contract between the county and the Florida Department of Community Affairs in order to advise the county commission and the local planning agency concerning projects funded under s. 701 of the Federal Housing Act of 1954. The county no longer participates in the s. 701 program, but the advisory committee has been retained to perform numerous duties and functions, one of which is to submit recommendations to the local planning agency and to advise them on the layman's viewpoint of the comprehensive plan. The advisory committee is purely advisory, and its members serve without compensation.

Despite the fact that the county no longer participates in the s. 701 program, the responsibilities of the advisory committee are still in the area of land planning. In accordance with the rationale of a previous opinion, CEO 76-156, a copy of which is enclosed, we find that the members of the Citizens Planning Advisory Committee are subject to the financial disclosure requirements of s. 112.3145, F. S.

You may be interested to know that this commission has proposed to the Legislature a revision of the law which would exempt from disclosure members of planning boards whose actions are neither final or binding on another body whose action is final nor of such a nature that positive action of another body is required to reverse or supersede them. Should the Citizens Planning Advisory Committee wish to register its support for such an amendment, we recommend that members contact their local legislative delegation.