CEO 77-149 -- September 22, 1977

FLORIDA EDUCATION COUNCIL

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Marshall Harris, Director, Florida Education Council, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "state officer" is defined to include an appointed member to any board having statewide jurisdiction, excluding a member of an advisory body. Section 112.3145(1)(c)2., F. S. The term "advisory body," on the other hand, is defined in s. 112.312(1) as a board whose "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. . . ." As the Florida Education Council meets this definition of an "advisory body," its members do not constitute state officers subject to financial disclosure.

QUESTION:

Are the members of the Florida Education Council "state officers" for purposes of filing financial disclosure?

Your question is answered in the negative.

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:

[A]ny 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. 1975.]

The Florida Education Council is composed of the members of the Education Commission of the States who represent Florida, six persons appointed by the Governor, two persons appointed by the President of the Senate, and two persons appointed by the Speaker of the House. Chapter 77-426, Laws of Florida. The legal authority of the council, as set forth in that chapter, is as follows:

The council may consider any matter relating to the Education Commission of the States and state issues on which Florida may receive technical assistance from the Education Commission of the States.

The Education Commission of the States is a national organization, representative of the states, which has been established by interstate compact to foster research and to formulate suggested public policies in the area of education. See part II, Ch. 244, F. S. 1975. It is clear that the powers of the Florida Education Council are solely advisory and do not include the final determination of any personal or property rights, duties, or obligations. Chapter 77-426 specifies that "[t]he activities of the council shall be supported through existing resources of the Department of Education." Thus, as you advised in a telephone conversation with our staff, the council receives no direct appropriation from the Legislature and must rely on the Department of Education to provide staff and funding for expenses.

Accordingly, we find that the Florida Education Council is an "advisory body," that the members of the council are not "state officers," and that therefore they are not required to file financial disclosure.