CEO 84-35 -- May 18, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO FORMER MEMBERS OF INACTIVE COUNTY COMMITTEES

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

SUMMARY:

Members of the St. Lucie County Growth Management Policy Plan Advisory Commission, which was inactive in 1983, and whose terms expired on October 26, 1983, are not "local officers" required to file statements of financial interests for the year 1983 under Section 112.3145, Florida Statutes. Members of the St. Lucie County Overall Economic Development Committee, which has not been active since 1980, are not "local officers" subject to the requirement of filing statements of financial interests for the year 1983.

QUESTION 1:

Are the former members of the St. Lucie County Growth Management Policy Plan Advisory Commission required by Section 112.3145, Florida Statutes, to file statements of financial interests for the year 1983?

This question is answered in the negative.

We are advised that the St. Lucie County Growth Management Policy Plan Advisory Commission was created to study and review the County's growth management policy plan and to formulate recommendations to the County Commission regarding any changes deemed necessary. The Commission's review and recommendations covered the elements of conservation, coastal zone protection, waste disposal, future land use, and traffic circulation, among others. All members of the Commission were reappointed by the Board of County Commissioners for one-year terms beginning on October 26, 1982. While no formal steps have been taken to abolish the Commission, its task has been completed, there is no record of any activity of the Commission during 1983, and its members' terms expired on October 26, 1983.

Section 112.3145(2)(b), Florida Statutes, requires each "local officer" to file a statement of financial interests no later than July 1 of each year. 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, Florida Statutes (1983).]

In our view, those persons who formerly served on the Commission no longer should be considered as being "appointed members" of the Commission. Further, we do not believe that any purpose would be served in having these individuals file disclosure for the year 1983 where they did not perform any public service during 1983 and are not doing so currently.

Accordingly, we find that the former members of the Growth Management Policy Plan Advisory Commission are not required to file statements of financial interests for the year 1983.

QUESTION 2:

Are the members of the St. Lucie County Overall Economic Development Program Committee required by Section 112.3145, Florida Statutes, to file statements of financial interests for the year 1983?

This question also is answered in the negative.

In your letter of inquiry you advise that the St. Lucie County Overall Economic Development Program Committee was formed in 1976 as part of the County's attempt to obtain Federal funds for economic redevelopment. In 1977, the Committee completed an overall economic development program document that analyzed the area's economy and set forth a development strategy. The Committee has not been active since 1980, you advise, and you believe that the Federal program for which the Committee was required may no longer exist.

In our opinion, the rationale of our response to your first question applies equally here.

Accordingly, we find that the members of the County Overall Economic Development Program Committee are not required by Section 112.3145, Florida Statutes, to file statements of financial interests for the year 1983.