CEO 81-80 -- December 18, 1981

GOVERNOR'S MANSION COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Mr. William P. Beck, General Counsel, Department of General Services

SUMMARY:

The members of the Governor's Mansion Commission are not subject to the requirements of the financial disclosure law. As the authority of the Governor's Mansion Commission is limited to the mansion and its grounds, the Commission does not have statewide jurisdiction. Therefore, members of the Commission are not "state officers" subject to the disclosure law. Nor are the Commission members "local officers" subject to the disclosure law, as they are not a "commission . . . of any political subdivision of the state." The powers of the Commission are not limited to and do not relate to a particular county, municipality, or other district within the state.

QUESTION:

Are the members of the Governor's Mansion Commission subject to the requirements of the financial disclosure law?

Your question is answered in the negative.

In your letter of inquiry you advise that pursuant to Chapter 81- 13, Laws of Florida, the Governor's Mansion Commission has been created within the Department of General Services. Of the eight members of the Commission, five are appointed by the Governor and the remaining three serve by virtue of their positions in the Department of General Services, the Department of Natural Resources, and the Department of State. The Commission is charged with the responsibility of keeping the structure, style, and character of the Governor's Mansion, its grounds, and all structures on its grounds consistent with the original plan of construction and design. Among other powers, it has the power to employ; to receive contributions, bequests, and gifts or money on behalf of the State; and to adopt rules governing the use of the State rooms of the Governor's Mansion and the selection and acquisition of furnishings and decorations for these rooms. Section 272.18, F. S., as amended by Chapter 81-13, Laws of Florida.

The financial disclosure law requires each "state officer" and each "local officer" to file a statement of financial interests annually. Section 112.3145(2)(b), F. S. 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.

As the authority of the Governor's Mansion Commission is limited to the Mansion and its grounds, we find that it does not have statewide jurisdiction. Therefore, members of the Commission are not "state officers" as defined by statute.

The term "local officer" is defined 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. [Section 112.3145(1)(a)2, F. S. (1981).]

Under this definition, we must determine whether the Governor's Mansion Commission is a commission of any political subdivision of the State. The term "political subdivision" is defined in Section 1.01(9), F. S. as follows:

The words 'public body,' 'body politic' or 'political subdivision' include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state.

The powers of the Commission are not limited to and do not relate to a particular county, municipality, or other district within the State. Therefore, members of the Commission are not encompassed within the definition of "local officer."

Accordingly, we find that the members of the Governor's Mansion Commission are not "state officers" or "local officers," and that they are not subject to the financial disclosure law contained in Section 112.3145, F. S. However, since the members of the Commission appear to be public officers, they are subject of the requirement of filing a disclosure of specified interests (CE Form 3), when applicable under Section 112.313(9), F. S.