CEO 88-6 -- February 4, 1988

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO

COUNTY BUILDING CODE COMPLIANCE DIRECTOR

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

SUMMARY:

The Collier County Building Code Compliance Director is a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes, as he serves as the chief building inspector for the county and is responsible for issuing and denying building permits.

QUESTION:

Is the Collier County Building Code Compliance Director a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the affirmative.

The financial disclosure law requires each "local officer" to file a statement of financial interests within 30 days from appointment and annually thereafter by July 1. Section 112.3145(2)(b), Florida Statutes (1987). The term "local officer" is defined to include

[a]ny person holding one or more of the following positions: . . . chief county or municipal building inspector; . . . county or municipal administrator, with power to grant or deny a land development permit . . . . [Section 112.3145(1)(a)3, Florida Statutes (1987).]

Through your letter of inquiry and telephone conversations with our staff, we have been advised that the Building Code Compliance Director heads the Building Department within the County's Community Development Department. According to his position description, he serves as Building Official for the County and enforces the County's building codes. Further, he is responsible for issuing, denying, or revoking permits under the Code. In a telephone conversation with our staff, the Building Director advised that he serves as the chief building inspector for the County.

As the Building Code Compliance Director serves as the chief building inspector, his position falls within those categories defined as "local officers." In addition, as he has the authority to issue and deny building permits, it appears that his position would fall within the category of county administrators with power to grant or deny land development permits.

Accordingly, we find that the County's Building Code Compliance Director is a "local officer" subject to the requirement of filing a statement of financial interests (Commission on Ethics Form 1) annually.