CEO 76-143 -- July 26, 1976
NATURAL RESOURCES BOARDS
APPLICABILITY OF DISCLOSURE LAW TO MEMBERS
To: Harmon W. Shields, Executive Director, Department of Natural Resources, Tallahassee
SUMMARY:
In defining who constitutes state and local officers, the financial disclosure law enumerates all appointed members of boards other than advisory bodies. The law does not distinguish, however, between boards established by statute and those instituted by executive or administrative action.
The original Code of Ethics for Public Officers and Employees, established by the 1974 Legislature, provided that all "public officers" were subject to the annual filing of statements of financial interests. The term "public officer" was further defined to include members of all boards excluding advisory bodies [s. 112.312(7)(b), as amended in 1974 Supp.], but specifically including, in s. 112.312(7)(i), members of planning and zoning boards or any boards with jurisdiction in these two areas. The current code, as revised by the 1975 Legislature, replaces the broad term "public officer" with the more specific categories "local officer," "state officer," and "specified employee," but retains the requirement that nonadvisory board members file disclosure. The revised law, too, retained, in the definition of "local officer," the concept that members of boards whose duties are related to planning or zoning represent a special category of persons under the law, and to this concept was added the area of natural resources. Fla. Stat. s. 112.3145(1)(a)2.(1975). This stipulation does not appear, however, in the definition of "state officer"; rather, a state officer is defined to include appointed members of boards "having statewide jurisdiction." Fla. Stat. s. 112.3145(1)(c)2.(1975). In the commission's opinion, it was not the intent of the Legislature, in revising the disclosure law, to impose a greater burden of disclosure upon local board members than upon those at the state level of government. Accordingly, the stipulation that boards with land planning, zoning, or natural resources responsibilities do not constitute advisory bodies for purposes of the disclosure law is deemed to apply to boards at all levels of government. To find otherwise would not be within the spirit or intent of the law.
Advisory boards to the Department of Natural Resources whose responsibilities directly relate to natural resources considerations therefore are not deemed advisory for purposes of financial disclosure. Members of the following six boards therefore are deemed to be state officers subject to disclosure: Ad Hoc Council for Red Tide Research, Aquatic Plant Council, Aquatic Plant Research Advisory Council, Big Cypress Swamp Advisory Committee, Salt Water Fisheries Advisory Council, and Scenic and Wild Rivers System Study Team. Members of seven other boards whose responsibilities are in the areas both of natural resources and land planning similarly constitute state officers for disclosure purposes: Council on Conservation and the Environment, Interagency Advisory Committee on Environmentally Endangered Lands, Interagency Planning Committee on Environmentally Endangered Lands, Outdoor Recreation Advisory Committee, State Interagency Advisory Committee on Coastal Zone Management, Technical Advisory Committee to the Division of Recreation and Parks, and Technical Consultant Committee on Environmentally Endangered Lands.
Six other advisory boards to the department are charged with duties which only peripherally relate to land planning, zoning, or natural resources. The Florida Recreation and Leisure Advisory Committee does not make recommendations as to land acquisition or conservation, but advises on recreational supply and demand. The State Recreation and Parks Advisory Council recommends policies as to the restoration and general administration of historic and archaeologic sites, while the regional recreation and parks advisory councils have similar responsibilities at the regional level. The Gamble Mansion Advisory Committee advises principally on the management of the Judah P. Benjamin Memorial, the Maclay Gardens Advisory Committee on the management of that state park. The Palm Beach Pines Advisory Committee assists in the development of the Palm Beach Pines State Recreation Area, recently acquired by the state. Accordingly, members of these six boards constitute neither state nor local officers, but rather are members of advisory bodies within the definition of that term found in ss. 112.312(1) and 112.3145(1)(a)2. and (1)(c)2.(1975). Such members are not subject to the filing of financial disclosure.
QUESTIONS:
1. Does the financial disclosure law distinguish between boards established by statute and those instituted by executive or administrative action, in specifying which board members are subject to financial disclosure?
2. Are members of the following advisory and study committees of the Department of Natural Resources state or local officers subject to the annual filing of statements of financial interests: Ad Hoc Council for Red Tide Research, Aquatic Plant Council, Aquatic Plant Research Advisory Council, Big Cypress Swamp Advisory Committee, Council on Conservation and the Environment, Interagency Advisory Committee on Environmentally Endangered Lands, Interagency Planning Committee on Environmentally Endangered Lands, Outdoor Recreation Advisory Committee, Salt Water Fisheries Advisory Council, Scenic and Wild Rivers System Study Team, State Interagency Advisory Committee on Coastal Zone Management, Technical Advisory Committee to the Division of Recreation and Parks, and Technical Consultant Committee on Environmentally Endangered Lands?
3. Are members of the Florida Recreation and Leisure Advisory Committee, the regional recreation and parks advisory councils, the State Recreation and Parks Advisory Council, the Gamble Mansion Advisory Committee, the Maclay Gardens Advisory Committee, and the Palm Beach Pines Advisory Committee state or local officers subject to the annual filing of financial disclosure statements?
Question 1 is answered in the negative.
The two provisions of the Code of Ethics for Public Officers and Employees requiring that certain board members file statements of financial disclosure do not address the issue of method of establishment. Rather, state and local officers are defined to include "appointed members" of all boards other than advisory bodies, which are specifically defined for purposes of this law. See Fla. Stat. ss. 112.3145(1)(a)2. and (1)(c)2. and 112.312(1)(1975). Accordingly, appointed members to all public boards, other than those which may be deemed advisory under the law, are subject to the financial disclosure requirements.
Question 2 is answered in the affirmative as to all the above- listed bodies.
The original Code of Ethics for Public Officers and Employees, established by the 1974 Legislature, provided that all "public officers" were subject to the annual filing of statements of financial interests. The term "public officer" was further defined to include members of all boards excluding advisory bodies [s. 112.312(7)(b), as amended in 1974 Supp.] but specifically including, in s. 112.312(7)(i), members of planning and zoning boards or any boards with jurisdiction in these two areas.
The disclosure law was revised by the 1975 Legislature, however, and the broad term "public officer" was replaced by the more specific categories "local officer," "state officer," and "specified employee." The requirement that nonadvisory board members file financial disclosure was retained, however, both in the definition of "state officer" and "local officer." The revised law, too, retained the concept that members of boards whose duties are related to planning or zoning represent a special category of persons under the law. To this concept was added the area of natural resources responsibilities. Specifically, Florida Statute s. 112.3145(1)(a)2.(1975) defines the term "local officer" to include:
Any appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body.
Under the definition of "state officer," however, the following language appears:
An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Fla. Stat. s. 112.3145(1)(c)2.(1975).]
The transposed language of the 1975 law leaves it weaker in two important respects. First, and most obviously, it is not stipulated within the definition of "state officer" that boards with land planning, zoning, or natural resources responsibilities may not be deemed advisory. Secondly, neither of the above-quoted definitions would appear to apply to members of boards whose duties, advisory or nonadvisory, are limited to a particular region of the state. We are of the opinion, however, that it was not the intent of the Legislature, in revising the financial disclosure law, to impose a greater burden of disclosure upon local board members than upon those at the state level of government. Furthermore, the areas of land planning and natural resources are of critical importance to the state and are particularly vulnerable to special interest influence -- facts recognized by the Legislature, we believe, in specifically providing that board members with responsibilities in these areas, regardless of authority, are subject to financial disclosure. We therefore construe the language contained in s. 112.3145(1)(a)2., stipulating that boards with land planning, zoning, or natural resources responsibilities may not be deemed advisory for purposes of the Code of Ethics, to apply to boards at all levels of government. To find otherwise, in our opinion, would not be within the spirit or intent of the law. As we consistently have found members of local boards with such responsibilities to be subject to financial disclosure, we find also that members of state boards with these duties are within the purview of the law.
You inform us is your letter of inquiry that the Ad Hoc Council for Red Tide Research is charged with the responsibility of assisting in coordination and evaluation of red tide research in Florida. The Aquatic Plant Council reviews applications for permits for the importation, transportation, or cultivation of aquatic plants. The Aquatic Plant Research Advisory Council assists in the establishment of research objectives and generally coordinates research in the field. The Big Cypress Swamp Advisory Committee assists the Chief of the Bureau of Geology in evaluating the applications to drill oil and gas test wells in the Big Cypress Swamp. The responsibilities of these four boards clearly are within the area of natural resources. Accordingly, their members are deemed to be state officers subject to financial disclosure requirements.
The Salt Water Fisheries Advisory Council similarly is not an advisory body for purposes of the disclosure law, as it advises on matters pertaining to marine resources, including quality control, pollution matters, fisheries, dredge and fill problems, sports- commercial conflicts, and funding needs of sports and commercial fisheries. As the Scenic and Wild Rivers System Study Team makes recommendations and conducts research relative to administration of the Scenic and Wild Rivers Program, it, too, is charged with natural resources responsibility. Members of these two boards accordingly are subject to the annual filing of financial disclosure statements by virtue of their being deemed state officers.
The remaining seven boards have duties both in the natural resources and land planning areas. The Council on Conservation and the Environment gives advice as to the preservation, conservation, and restoration of the state's natural resources and environment. The Interagency Advisory Committee on Environmentally Endangered Lands evaluates proposals for acquisition of environmentally endangered land and recommends appropriate acquisitions to you, while the Interagency Planning Committee on Environmentally Endangered Lands evaluates and qualifies land acquisition proposals according to criteria and guidelines of the Environmentally Endangered Lands Program. Further, it establishes priorities among qualified proposals. The Outdoor Recreation Advisory Committee's primary duty, as charged in Florida Statute s. 375.021(2)(1975), is "to advise the Division of Recreation and Parks as to outdoor recreation and land acquisition needs and the most efficient use of lands acquired." Members of these boards therefore are deemed to be state officers for purposes of the financial disclosure law.
The State Interagency Advisory Committee on Coastal Zone Management provides substantive review and comment on elements of Florida's coastal zone management plan, while the Technical Advisory Committee to the Division of Recreation and Parks provides professional and scientific consultation to the division in the evaluation of sites being considered for designation as natural features. The Technical Consultant Committee on Environmentally Endangered Lands consults with the department in the evaluation of land acquisition proposals under the Environmentally Endangered Lands Program. Such duties are of both a natural resources and land planning nature. Members of these committees therefore are deemed to be state officers subject to financial disclosure.
Question 3 is answered in the negative.
In a recent opinion of this commission, CEO 76-122, we found that members of a parks and recreation advisory board whose principal duty is to advise on recreational programs, and whose other duties are only peripherally related to land planning, zoning, or natural resources, are not subject to disclosure as such duties do not constitute responsibilities of the nature contemplated by s. 112.3145. Similarly, we feel that the six boards at issue have no direct responsibility for land planning or natural resources considerations as contemplated by the disclosure law, but rather have principal responsibilities in other areas.
The Florida Recreation and Leisure Advisory Committee, for example, does not make recommendations as to land acquisition or conservation, but advises and assists the Division of Recreation and Parks in identifying recreational supply and demand. The principal duty of the State Recreation and Parks Advisory Council is the recommendation of policies as to the restoration and general administration of historic and archaeologic sites, while the regional recreation and parks advisory councils have similar responsibilities at the regional level. See Fla. Stat. ss. 592.011(2) and 592.02 (1975).
The Gamble Mansion Advisory Committee advises principally on the management of the Judah P. Benjamin Memorial, the Maclay Gardens Advisory Committee on the management of that state park. The Palm Beach Pines Advisory Committee is assisting the division with development of the Palm Beach Pines State Recreation Area which recently was acquired by the state. The latter three boards advise principally on managerial matters rather than land use.
Accordingly, we find that members of these six boards do not constitute state or local officers, but rather are members of advisory bodies within the definitions of that term contained in Fla. Stat. ss. 112.312(1) and 112.3145(1)(a)2. and (1)(c)2. (1975). Such members therefore are not subject to the annual filing of financial disclosure.