CEO 77-45 -- March 9, 1977

STATE BOARD OF PILOT COMMISSIONERS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS AND EXECUTIVE DIRECTOR

To: David A. Barrett, Attorney for State Board of Pilot Commissioners, Tallahassee

Prepared by: Bonnie Johnson

SUMMARY:

The powers of the State Board of Pilot Commissioners, as set forth in ss. 310.091 through 310.121, F. S. 1975, are regulatory in nature and may not be deemed solely advisory. Accordingly, the board is not an advisory body pursuant to s. 112.312(1), F. S. 1975, and its members therefore constitute state officers subject to the filing of financial disclosure annually. See s. 112.3145(1)(c)2. and (2)(b), F. S. 1975. Pursuant to s. 112.3145(1)(b)3., the board's executive director constitutes a specified employee and therefore also is subject to disclosure.

QUESTIONS:

1. Are members of the State Board of Pilot Commissioners state officers subject to the annual filing of financial disclosure?

2. Is the Executive Director of the State Board of Pilot Commissioners a specified employee subject to the annual filing of financial disclosure?

Question 1 is answered in the affirmative.

The State Board of Pilot Commissioners, established within the Department of Professional and Occupational Regulation, is composed of nine members appointed by the Governor for the purpose of protecting the waters, harbors, and ports of the state.

The Code of Ethics for Public Officers and Employees requires that each state officer annually file a statement of financial interests. Section 112.3145(2)(b), F. S. 1975. The term "state officer" is defined to include

[a]n appointed member of each board, commission, 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(2), F. S. (1976 Supp.).]

Accordingly, in order to be deemed an advisory body for purposes of the disclosure law, a board's responsibilities must be solely advisory in nature.

Among the powers of the State Board of Pilot Commissioners, as set forth in ss. 310.091 through 310.121, F. S., are the power to issue licenses to state pilots or certificates as deputy pilots to qualified applicants who pass the examination conducted by the board; the power to investigate maritime perils sustained by vessels on which there was employed a licensed state pilot or a certificated deputy pilot, including the power to serve subpoenas, administer oaths, and take testimony; the authority to discipline or suspend a licensed state pilot or certificated deputy pilot or to revoke the license or certificate of either; and the power to assess and collect fees on an annual basis from licensed state pilots and certificated deputy pilots.

Such powers cannot be deemed solely advisory, and the State Board of Pilot Commissioners accordingly does not meet the definition of "advisory body" quoted above. Its members therefore constitute state officers subject to the annual filing of financial disclosure.

Question 2 is answered in the affirmative.

Section 112.3145(2)(b), F. S., requires that each specified employee annually file a statement of financial interests. The term "specified employee" is defined to include

[e]ach appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, deputy executive director of each state department, commission, board, or council . . . . [Section 112.3145(1)(b)3., F. S. 1975; emphasis supplied.]

Accordingly, the Executive Director of the State Board of Pilot Commissioners, who is appointed by the board pursuant to s. 310.051, constitutes a specified employee and therefore is subject to the annual filing of financial disclosure.