CEO 79-35 -- June 6, 1979

CITY INDUSTRIAL DEVELOPMENT ADVISORY BOARD

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Judson I. Woods, Jr., City Attorney, Edgewater

Prepared by: Phil Claypool

SUMMARY:

A municipal industrial development advisory board which does not participate in the land-use planning or zoning functions of the city, but which merely formulates plans to attract light industry to those portions of the city which already are zoned for industry, constitutes an "advisory body" as that term is defined in s. 112.312(1), F. S. Accordingly, members of the board do not constitute "local officers" pursuant to s. 112.3145(1)(a)2., F. S., and therefore are not required to file financial disclosure annually under s. 112.3145(2)(b).

QUESTION:

Are the members of the City of Edgewater Industrial Development Advisory Board "local officers" subject to the requirement of filing financial disclosure annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure by noon of July 15 of each year. Section 112.3145(2)(b), F. S. 1977. 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., F. S. 1977.]

In turn, an "advisory body" is defined as

. . . any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), F. S. 1977.]

In your letter of inquiry you advise that the City of Edgewater Industrial Development Advisory Board recently was created by resolution of the Edgewater City Council. The resolution specifies that the board, which is composed of not more than 10 members appointed by the city council, is to assist the city council in attracting clean, nonpolluting industry to the city. The board is responsible for formulating plans, subject to the approval of the council, for the use and development of all property designated for industrial development; for recommending a budget to the council to carry out the purpose of the board; for promoting the city as a prospective site for industrial development; for assisting private interests wishing to develop industrially zoned property; and for negotiating with private interests regarding the lease of property, subject to council approval. The board has no authority to contract, to issue revenue bonds, or to condemn land; all decisions of the board are subject to review by the council.

In a telephone conversation with our staff, you advised that the board has no authority to designate which areas of the city are to be used for industrial development; that function remains with the city planning and zoning board and the city council. You also advised that the board presently has no budget or authorized expenditures.

In our view, the industrial development advisory board constitutes an "advisory body" under s. 112.312(1), F. S., as it meets the budgetary test set forth in that definition and as its powers are solely advisory. As the board will not participate in the land-use planning or zoning functions of the city, but merely will formulate plans to attract light industry to those portions of the city which already are zoned for industrial use, we find that the board has no land-planning or zoning responsibilities as contemplated by s. 112.3145(1)(a)2., F. S.

Accordingly, we find that the members of the City of Edgewater Industrial Development Advisory Board are not "local officers" and therefore are not subject to the requirement of filing financial disclosure annually.