CEO 84-51 -- June 7, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO ACTING EXECUTIVE DIRECTOR OF EXPRESSWAY AUTHORITY

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

SUMMARY:

The acting executive director of a county expressway authority is not a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes. Chapter 83-282, Laws of Florida, repealed language in this law which formerly included persons serving in an acting position on an interim basis.

QUESTION:

Are you, the Acting Executive Director of a county expressway authority, 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 you are an administrative secretary for the Tampa-Hillsborough County Expressway Authority, a classified clerical position under the County's civil service system. You also advise that the position of Executive Director to the Authority presently is vacant and that you have been serving temporarily as Acting Executive Director until the Authority fills the position of Executive Director.

In a previous opinion, CEO 76-96, we advised that an acting police chief was a "local officer" subject to the financial disclosure law. Our opinion was based on language existing in the statute at that time defining a "local officer" as "[a]ny person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity . . . ." Section 112.3145(1)(a)3, Florida Statutes (1975).

However, the Legislature in Chapter 83-282, Laws of Florida, deleted the language "including persons appointed to act directly in such capacity." Clearly, it was the Legislature's intention that persons serving only in an acting position on an interim basis not be subject to the disclosure law.

Accordingly, we find that as Acting Executive Director of the Expressway Authority you are not subject to the requirement of filing a statement of financial interests.