CEO 77-133 -- August 24, 1977

COUNTY BOARD OF VISITORS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: (Name withheld at the person's request.)

Prepared by: Phil Claypool

SUMMARY:

It is clear that officers of the judicial branch of state government are not subject to the financial disclosure provisions of the present Code of Ethics, part III, Ch. 112, F. S. See s. 18, Art. III, State Const., and In re The Florida Bar, 316 So.2d 45 (Fla. 1975), holding the Code of Ethics inapplicable to officers of The Florida Bar. Therefore, members of a county board of visitors, appointed by the Circuit Court of the 19th Judicial Circuit pursuant to s. 416.07, F. S., are not deemed to be subject to the financial disclosure requirements contained in s. 112.3145.

QUESTION:

Are the members of the St. Lucie County Board of Visitors subject to the financial disclosure provisions of s. 112.3145, F. S.?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a member of the St. Lucie County Board of Visitors, having been appointed by the Circuit Court of the 19th Judicial Circuit. Section 416.07, F. S. 1975, requires the circuit court for each county to appoint seven persons to a county board of visitors. The duties of the board of visitors include: Inspecting all persons, institutions, societies and associations, except state institutions, which receive delinquent children; reporting to the circuit court from time to time on the condition of children in the charge of such persons and institutions; reporting annually to the circuit judges and, on request, to the board of county commissioners on the qualifications and management of such persons and institutions; and having control and management of the internal affairs of any detention home or school established by the board of county commissioners, which provides for equipment for the home and for payment of employees of the home. Members of a board of visitors serve without compensation but are reimbursed for traveling expenses by the board of county commissioners upon a written order for the amount of such expenses from the circuit judge.

It is clear that officers of the judicial branch of state government are not subject to the financial disclosure provisions of the present Code of Ethics. See s. 18, Art. III, State Const., and In re The Florida Bar, 316 So.2d 45 (Fla. 1975), holding the Code of Ethics inapplicable to officers of The Florida Bar. Inasmuch as the members of a board of visitors are appointed by the circuit court and their primary responsibility is to report to that court regarding persons and institutions caring for delinquent children, we are of the opinion that a board of visitors is an agency of the judicial branch of government. See AGO 076-54.

Accordingly, as the members of the St. Lucie County Board of Visitors are officers of the judicial branch of government, we find that they presently are not subject to the financial disclosure provisions of s. 112.3145, F. S. 1975.