CEO 84-28 -- April 26, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO HARBOR MASTER

To: Mr. W. Carey Johnson, Harbor Master, Port of Boca Grande

SUMMARY:

A harbor master appointed under Chapter 313 or 314, Florida Statutes, is not required by Section 112.3145, Florida Statutes, to file statements of financial interests annually. A harbor master is not an appointed member of a collegial body, and the position does not fall within any other type of position listed among those "local officers" required to file financial disclosure.

QUESTION:

Are you, a harbor master, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that recently you were reappointed by the Governor as Harbor Master for the Port of Boca Grande. Chapters 313 and 314, Florida Statutes, provide for the appointment by the Governor of harbor masters for the various ports in the State, with the responsibility, among others, of assigning berths at wharves to facilitate the loading and unloading of vessels.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes. The term "local officer," defined in Section 112.3145(1)(a), Florida Statutes, includes appointed members of boards, commissions, authorities, and councils. A harbor master is not an appointed member of such a collegial body. Nor does the position of harbor master fall within any of the other types of positions listed in the definition of "local officer."

Accordingly, we find that, as Harbor Master, you are not subject to the requirement of filing a statement of financial interests.