CEO 84-32 -- May 18, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS OF INCORPORATED PRIVATE INDUSTRY COUNCIL

To: Mr. William Scovell, Chairman, Volusia, Lake, Flagler Private Industry Council, Inc.

SUMMARY:

Under CEO 83-47 and CEO 83-89, members of unincorporated private industry councils are required to file statements of financial interests annually pursuant to Section 112.3145, Florida Statutes. However, members of private, nonprofit corporations are not subject to the financial disclosure laws. CEO's 77-102A, 82-5, and 83-66 also are referenced.

QUESTION:

Are you, the Chairman of the Volusia, Lake, Flagler Private Industry Council, Inc., 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 serve as Chairman of the Volusia, Lake, Flagler Private Industry Council, Inc., a private industry council organized under the Federal Job Training Partnership Act. The Council became a private, nonprofit corporation in August of 1983.

We previously have advised that members of private industry councils which are not incorporated as private, nonprofit corporations, but which are agencies of local government, are required to file statements of financial interests annually on Commission on Ethics Form 1. See CEO 83-47 and CEO 83-89. However, we have found that members of private, nonprofit corporations are not subject to this disclosure law. See CEO 77-102A, CEO 82-5, and CEO 83-66.

In our view, persons in the positions specified in the disclosure law become obligated to file disclosure for a given calendar year if they are in that position at the close of the calendar year. Although these persons have until July 1 to file disclosure, the obligation accrues at the end of the prior calendar year, the "disclosure period" by law. Section 112.312(8), Florida Statutes (1983).

Accordingly, as the Private Industry Council was a private, nonprofit corporation at the end of 1983, its members are not required to file a statement of financial interests for the year 1983 by July 1 of 1984.