CEO 83-66 -- September 22, 1983

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF PRISON INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC.

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

SUMMARY:

The members of Prison Industries and Diversified Enterprises, Inc., a nonprofit corporation established to lease and manage the correctional work programs of the Department of Corrections, are not "state officers" subject to the requirement of filing a statement of financial interests annually under Section 112.3145, Florida Statutes. CEO 82-5 and CEO 77-102A are referenced regarding nonprofit corporations. In addition, Chapter 83-345, Laws of Florida, provides that the corporation is not an agency within the meaning of Section 20.03(1), Florida Statutes.

QUESTION:

Are the members of Prison Industries and Diversified Enterprises, Inc., a nonprofit corporation established to lease and manage the correctional work programs of the Department of Corrections, "state officers" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

The financial disclosure law requires each "state officer" to file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes (1981). 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, Florida Statutes (1981).]

In your letter of inquiry you advise that Prison Industries and Diversified Enterprises, Inc. (PRIDE) is a nonprofit, tax-exempt corporation whose members are appointed by the Governor and confirmed by the Senate. Under Section 946.01, Florida Statutes, as created by Chapter 83-209, Laws of Florida, PRIDE is to lease and manage the correctional work programs of the Department of Corrections.

In previous opinions we have advised that board members of nonprofit corporations are not subject to the financial disclosure law. See CEO 82-5 and CEO 77-102A. In addition, with respect to PRIDE we note that Chapter 83-345, Laws of Florida, provides that the corporation is not an agency within the meaning of Section 20.03(1), Florida Statutes, which provides:

'Agency' as the context requires, means an official, officer, commission, authority, counsel, committee, department, division, bureau, board, section, or another unit or entity of government.

Further, it is significant that Chapter 83-345 provides that it is the intent of the Legislature that correctional work programs can best operate independent of State government.

Accordingly, we find that the members of Prison Industries and Diversified Enterprises, Inc. are not "state officers" and therefore are not subject to the requirement of filing statements of financial interests.