CEO 79-54 -- September 6, 1979

CITY HOUSING AUTHORITY

APPLICABILITY OF FULL AND PUBLIC FINANCIAL DISCLOSURE PROVISIONS OF s. 8, ART. II, STATE CONST., TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

Section 8, Art. II, State Const., commonly known as the Sunshine Amendment, requires that full and public disclosure of financial interests be filed annually by all elected constitutional officers, candidates for elective constitutional office, and persons holding statewide elective office. As housing authorities are not mentioned in the Constitution, the members of a housing authority are not "constitutional officers," nor are they elected in a statewide election. As no law has yet been enacted which would extend the full and public disclosure requirements of the Sunshine Amendment to housing authority members, such members are not required to make full disclosure. Rather, they constitute "local officers" for the purposes of filing the statutory financial disclosure required by s. 112.3145, F. S.

QUESTION:

Are members of the Hialeah Housing Authority required to file full and public financial disclosure pursuant to s. 8, Art. II of the State Constitution?

Your question is answered in the negative.

The Sunshine Amendment, s. 8, Art. II, State Const., provides in subsection (a):

All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

This provision is implemented by subsection (h) of the amendment, which provides the manner and time for filing full and public disclosure of financial interests and which further requires all persons holding statewide elective office to file such disclosure.

As housing authorities are not mentioned in the Constitution, the members of a housing authority are not "constitutional officers," nor are they elected in a statewide election. Section 421.05(1), F. S. At the present time, no law has been enacted which would extend the full and public disclosure requirements of the Sunshine Amendment to housing authority members.

Accordingly, the members of the Hialeah Housing Authority are not required to file full and public disclosure of their financial interests pursuant to s. 8, Art. II, State Const. Please note, however, that housing authority members are "local officers" for the purposes of filing the statutory financial disclosure required by s. 112.3145, F. S. See CEO 77-50, question 4.