CEO 77-24 -- February 17, 1977

DIABETES ADVISORY COUNCIL

APPLICABILITY OF FINANCIAL DISCLOSURE REQUIREMENTS TO MEMBERS

To: Clifford M. Ables III, Diabetes Advisory Council, Sebring

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics provides that all state officers are required to file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "state officer" is defined to mean an appointed member of any board having statewide jurisdiction other than a member of an advisory body. "Advisory body," in turn, is defined in part as any board which is solely advisory. As the state Diabetes Advisory Council is established by statute as a solely advisory body, a member of such council does not constitute a state officer subject to the annual filing of financial disclosure.

QUESTION:

Am I, as a member of the Diabetes Advisory Council, subject to the annual filing of financial disclosure?

Your question is answered in the negative.

In your letter of request you have stated that you recently have been appointed by the Governor to serve as a member of the Diabetes Advisory Council. The council was established by s. 241.755, F. S. (1976 Supp.), in order to advise and consult with the deans of the three medical schools in which are located diabetes centers and the Secretary of the Department of Health and Rehabilitative Services in developing overall policy and procedures to establish a statewide health care delivery system for diabetes mellitus. Members of the council serve without remuneration; Ms. Jane Love of the Governor's appointment office has informed our staff that the council receives no funding from the state.

The Code of Ethics for Public Officers and Employees provides that all state officers are required to file annual financial disclosure. Section 112.3145(2)(b), F. S. 1975. The term "state officer" is defined to mean:

An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Section 112.3145(1)(c)2., F. S. 1975.]

In turn, "advisory body" is defined to mean:

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. [Section 112.312(1), F. S. (1976 Supp.).]

It is clear from the statute which established the council that the council's powers are solely advisory. As the council has no budget, it is evident that it is an advisory body for purposes of financial disclosure.

Accordingly, we find that you are not required to file financial disclosure as a member of the Diabetes Advisory Council.