CEO 77-98 -- July 21, 1977

SUNSHINE AMENDMENT

APPLICABILITY OF FULL AND PUBLIC FINANCIAL DISCLOSURE PROVISIONS OF s. 8, ART. II, STATE CONST., TO MEMBERS OF COUNTY LAW LIBRARY BOARD

To: E. Thomas Fisher, Jr., Chairman, Board of Trustees, Pinellas County Law Library, St. Petersburg

Prepared by: Phil Claypool

SUMMARY:

The Sunshine Amendment, s. 8, Art. II, State Const., requires all elected constitutional officers and candidates for such offices to file full and public disclosure of their financial interests. This provision is implemented by subsection (h) of the amendment, its schedule, which provides the manner and time for filing such disclosure and which requires persons holding statewide elective office to file similar statements. As the board of trustees of a county law library is not mentioned in the Florida Constitution, the members of that board are not constitutional officers; nor are they elected in a statewide election. Accordingly, members of such board of trustees are not subject to the full and public disclosure provisions of the Sunshine Amendment.

QUESTION:

Are members of the Board of Trustees of the Pinellas County Law Library required to file financial interests pursuant to s. 8, Art. II, State Const.?

Your question is answered in the negative.

The Sunshine Amendment, s. 8, Art. II, State Const., provides in subsection (a):

All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

This provision is implemented by subsection (h) of the amendment, its schedule, which provides the manner and time for filing full and public disclosure of financial interests and which requires persons holding all statewide elective offices to file such disclosure.

As the Board of Trustees of the Pinellas County Law Library is not mentioned in the Florida Constitution, the members of that board are not "constitutional officers"; nor are they elected in a statewide election. See CEO 76-158. Accordingly, the members of the Board of Trustees of the Pinellas County Law Library are not required to file full and public disclosure of their financial interests pursuant to s. 8, Art. II, State Const.