CEO 77-38 -- March 9, 1977

MIAMI BEACH REDEVELOPMENT AGENCY

APPLICABILITY OF FINANCIAL DISCLOSURE REQUIREMENTS

To: Murray H. Dubbin, General Counsel, Miami Beach Redevelopment Agency, Miami

Prepared by: Phil Claypool

SUMMARY:

Members of the Miami Beach Redevelopment Agency constitute local officers subject to the annual filing of financial disclosure pursuant to the definition of "local officer" contained in s. 112.3145(1)(a)2., F. S. 1975. Members of all boards within a political subdivision constitute local officers unless such board is an advisory body. But it is specifically provided that boards with responsibilities in the areas of land planning, zoning, or natural resources may not be deemed advisory for purposes of the disclosure law. As the redevelopment agency is charged with the establishment and implementation of a community redevelopment plan, it may not be deemed advisory pursuant to the above. Therefore, its members are local officers required to file financial disclosure on an annual basis.

QUESTION:

Are members of the Miami Beach Redevelopment Agency "local officers" for purposes of financial disclosure?

Your question is answered in the affirmative.

In your letter of request you have stated that your law firm serves as General Counsel to the Miami Beach Redevelopment Agency. That agency was created and its members named by resolution of the Miami Beach City Council approximately a year ago in accordance with the provisions of the Community Redevelopment Act of 1969. The act, which consists of ss. 163.330-163.450, F. S. 1975, as amended by Ch. 76-147, Laws of Florida, generally grants to counties and municipalities the authority to establish and implement a community redevelopment plan in order to eliminate and prevent the development or spread of slum and blighted areas. Under the act, a county or municipality may create a community redevelopment agency to administer and exercise its community redevelopment powers.

The specific delegated responsibility of the Miami Beach Redevelopment Agency is to prepare a plan for redevelopment of the southern portion of the City of Miami Beach. Once the proposed plan is formulated, the act requires its submission to the planning board of the city for review and recommendation as to its conformity with the general plan for the development of the city. The agency has completed a proposed redevelopment plan which has been submitted to the city council and the planning board. At a public hearing, the city council may disapprove of the proposed plan or it may approve the plan, in which case the agency may be granted the necessary powers to implement the plan's provisions.

The Code of Ethics for Public Officers and Employees requires that all "local officers" must file annual financial disclosure. Section 112.3145(2)(b), F. S. 1975. The term "local officer" is defined to include:

Any 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. [Section 112.3145(1)(a)2., F. S. 1975.]

We have previously construed "responsibilities" in the above section as more analogous to "duties" than "powers." See CEO 76-156, a copy of which is enclosed. As a consequence, although the present powers of the redevelopment agency seem to be solely advisory, its duties are in the area of land planning and therefore the agency cannot be considered an advisory body.

Accordingly, we find that the members of the Miami Beach Redevelopment Agency are "local officers" and therefore are required to file financial disclosure annually.