CEO 80-51 -- July 18, 1980

JUNIOR COLLEGE PERSONNEL

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: Steven E. Robbins, Counsel, Florida Junior College at Jacksonville, Jacksonville

Prepared by: Phil Claypool

SUMMARY:

Section 112.3145(2), F. S., requires all "local officers" and all "specified employees" to file statements of financial interests annually. The term "specified employee" is defined at s. 112.3145(1)(b) to include numerous positions within state agencies, and employees of a community college therefore are deemed to fall within the definition of "local officer" contained in s. 112.3145(1)(a). Reference is made to CEO's 77-12 and 76-74. It is noted that community college district board members and community college presidents are specifically included within the definition of "local officer," suggesting that this was the legislative intent.

QUESTION:

Are employees of the Florida Junior College at Jacksonville "local officers" or "specified employees" for purposes of applying the financial disclosure provisions of s. 112.3145, F. S.?

Section 112.3145(2), F. S., requires all "local officers" and all "specified employees" to file statements of financial interests annually. The term "specified employee" is defined at s. 112.3145(1)(b) to include numerous positions within state agencies, rather than within local governmental bodies. See CEO 77-12. Therefore, in our opinion, employees of a community college would have to fall within the definition of "local officer," contained in s. 112.3145(1)(a), in order to be required to file financial disclosure. See CEO 76-74. Apparently, this was the intent of the Legislature in adopting the financial disclosure law, as indicated by the fact that community college district boards and community college presidents are specifically included as "local officers." Section 112.3145(1)(a)2. and 3.

Accordingly, those community college employees falling within the definition of "local officer" are required to file financial disclosure annually with the clerk of the circuit court of the county within which they are employed or are residents.