CEO 79-44 -- July 19, 1979

FLORIDA COUNCIL ON CRIMINAL JUSTICE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.3145(2)(b), F. S. 1977, requires that each "state officer" file a statement of financial interests annually on or before July 15. The term "state officer" is defined in s. 112.3145(1)(c)2. to include an appointed member of any board having statewide jurisdiction, excluding a member of an advisory body. The Florida Council on Criminal Justice, which has no operating budget and whose members serve in a solely advisory capacity, meets the definition of "advisory body" contained in s. 112.312(1). Accordingly, its members do not constitute "state officers" subject to financial disclosure.

QUESTION:

Am I, by virtue of my recent appointment to the Florida Council on Criminal Justice, a "state officer" subject to the annual filing of financial disclosure pursuant to s. 112.3145, F. S.?

Your question is answered in the negative.

Section 112.3145(2)(b), F. S. 1977, requires that each "state officer" file a statement of financial interests annually on or before July 15. The term "state officer" is defined to include

[a]n 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. 1977.]

An "advisory body" further is defined in s. 112.312(1) to mean

. . . any 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.

The Florida Council on Criminal Justice was created by the 1978 Legislature to replace the Governor's Commission on Criminal Justice Standards and Goals, with members of the council to be appointed on or after February 15, 1979. Section 23.152(8)(a), F. S. (1978 Supp.). Under s. 23.153(7), it is the responsibility of the council to "act in an advisory capacity to the Governor, Legislature, Florida Supreme Court, and the Bureau of Criminal Justice Assistance . . . ." Mr. John Dale, Acting Chief, Bureau of Criminal Justice Assistance, has advised our staff that the council's duties are of a strictly advisory nature, primarily to the Governor. Mr. Dale further reported that the council has no operating budget, although the bureau's appropriation includes funds for travel and per diem reimbursement to council members.

Based on the above information, the Florida Council on Criminal Justice is deemed to constitute an advisory body, and, accordingly, its members are not state officers subject to the annual filing of financial disclosure under the Code of Ethics for Public Officers and Employees. We would point out, however, that, as a council member, you are a public officer subject to the standards of conduct contained in s. 112.313, F. S.