CEO 79-69 -- October 17, 1979

FLORIDA STATE COMMISSION ON HISPANIC AFFAIRS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Leonard L. Elias, Assistant Attorney General, Miami

Prepared by: Phil Claypool

SUMMARY:

The statutory powers and authority of the Florida State Commission on Hispanic Affairs 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 operation. However, the commission fails to meet the budgetary test contained within the definition of "advisory body" found in s. 112.312(1), F. S., inasmuch as the commission's appropriation for fiscal year 1979- 1980 is $157,410. Accordingly, members of the commission constitute "state officers" subject to the annual filing of financial disclosure under the Code of Ethics. See s. 112.3145(1)(c)2. and (2)(b), F. S. 1977.

QUESTION:

Are the members of the Florida State Commission on Hispanic Affairs "state officers" subject to the annual filing of financial disclosure pursuant to s. 112.3145, F. S.?

Your question is answered in the affirmative.

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 State Commission on Hispanic Affairs, which has been created within the Executive Office of the Governor, consists of 15 members appointed by the Governor. Section 6, Ch. 79-190, Laws of Florida. The commission is charged with the responsibility of conducting an ongoing study of the problems and needs of those citizens of Florida who are of Hispanic origin. Its study includes, but is not limited to, the areas of education, social services, commerce, general culture, and the arts. Section 13.9967, F. S. 1977. That section also specifies that the commission is to prepare an annual report based on its study to be presented to the Governor, with copies to the Speaker of the House of Representatives and President of the Senate. The report is to include specific suggestions for legislation and administrative or regulatory reform deemed to be necessary. The commission is authorized to procure information from all state and local agencies; when its request for information is not honored, the commission is authorized to apply to the circuit court for an order compelling the information. In addition, the commission may accept grants, gifts, and services from public or private sources to be applied toward its administrative costs. Section 13.9966, F. S. (1978 Supp.).

We are of the opinion that the statutory powers and authority of the commission 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 operation. However, the commission fails to meet the budgetary test contained in the definition of "advisory body," as its executive director has advised that the commission's appropriation for the fiscal year 1979-1980 is $157,410. While s. 14.25(1), F. S., provides that the commission is not an agency within the legislative intent of Ch. 216, F. S., which relates to planning and budgeting, it is clear that the commission has been appropriated more than $100,000 by the 1979 Appropriations Act. Section 1, Item 229, Ch. 79-212, Laws of Florida.

Accordingly, we find that the Florida State Commission on Hispanic Affairs is not an "advisory body" and, accordingly, its members are "state officers" subject to the annual filing of financial disclosure under the Code of Ethics for Public Officers and Employees.