CEO 80-91 -- December 4, 1980

GOVERNOR'S COUNCIL ON PHYSICAL FITNESS AND SPORTS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

The Governor's Council on Physical Fitness and Sports, to which has been appropriated $450,000 for this fiscal year and whose responsibilities are substantial, does not meet the definition of an "advisory body" contained in s. 112.312(1), F. S. The council's members therefore constitute "state officers" under s. 112.3145(1)(c)2. and are subject to the annual filing of financial disclosure under s. 112.3145(2)(b).

QUESTION:

Am I, a member of the Governor's Council on Physical Fitness and Sports, a "state officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file a statement of financial interests within 30 days from the date of appointment and thereafter no later than 12 o'clock noon of July 15 of each year. Section 112.3145(2)(b). The term "state officer" is defined to include:

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.]

The term "advisory body" is defined in s. 112.312(1), F. S., 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.

Thus, members of the Governor's Council on Physical Fitness and Sports are not required to file financial disclosure if the council's appropriations are less than $100,000 and if the council's powers are solely advisory.

In a telephone conversation with our staff, ____, deputy executive director of the council, advised that the council has received appropriations amounting to $450,000 for this year, $250,000 of which was appropriated specifically to investigate the possibility of hosting the Pan American Games in this state. In addition, a review of the powers and duties of the council provided in s. 14.22(2) and (3), F. S., persuades us that the council does not perform a solely advisory function. In particular, the council is authorized to accept grants and gifts and enter into contracts to carry out its functions; to develop, foster, and coordinate services and programs of physical fitness and sports in the state; to sponsor physical fitness and sports workshops, clinics, conferences, and other similar activities; to collect and disseminate physical fitness and sports information and initiate advertising campaigns; and to develop methods of attracting and locating professional sports franchises and sports-related industries in the state, as well as means of assisting those located in the state.

Accordingly, we find that members of the Governor's Council on Physical Fitness and Sports are "state officers" subject to the requirement of filing a statement of financial interests as provided in s. 112.3145, F. S.