CEO 90-52 -- July 27, 1990

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

TO MEMBERS OF FLORIDA ARTS COUNCIL

To: Ms. Peyton C. Fearington, Director, Division of Cultural Affairs, Department of State (Tallahassee)

SUMMARY:

The members of the Florida Arts Council are not "state officers" subject to the requirement of filing statements of financial interests annually under Section 112.3145, Florida Statutes. As the Council's powers and duties are solely advisory and it has not been appropriated any funds, the Council is an "advisory body" as defined in Section 112.312(1), Florida Statutes. CEO 76-44 is distinguished.

QUESTION:

Are the members of the Florida Arts Council "state officers" subject to the requirement of filing statements of financial interests annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes. The term "state officer" is defined to mean:

An appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Section 112.3145(1)(c)2, Florida Statutes (1989).]

In turn, "advisory body" is defined to mean:

'Advisory body' means 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), Florida Statutes (1989).]

Therefore, the financial disclosure law applies to all appointed members of boards with statewide jurisdiction unless the board meets the budgetary tests set forth above and its powers, jurisdiction, and authority both are "solely advisory" and do not include the final determination or adjudication of any personal or property rights, duties, or obligations.

As created by Section 265.285, Florida Statutes, the Florida Arts Council consists of 15 members appointed by the Secretary of State to four-year terms. The members receive no compensation for their service, but may be reimbursed for their travel and expenses incurred in the performance of their duties.

You advise that the Council is solely an advisory board, making recommendations to the Secretary of State, who makes all final decisions. This is reflected by the list of the Council's duties provided in Section 265.285(2), Florida Statutes, which include advising the Secretary of State in all matters pertaining to art; encouraging the study and presentation of the arts throughout the State; advising the Secretary of State in all matters concerning the awarding of grants for the arts; advising State agencies about the beautification of public buildings; and recommending priorities for grants for the acquisition, renovation, or construction of cultural facilities. Therefore, we conclude that the Council's 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.

In a previous opinion, CEO 76-44, we found that the Council's predecessor, the Fine Arts Council, was not an "advisory body" because the budget for the Fine Arts Council exceeded one percent of the budget of the Department of State's Division of Cultural Affairs, an agency which it served. In contrast, you advise that there are no appropriated monies for the Arts Council, and we note that the current Appropriations Act does not include the Arts Council as an entity to which funds have been appropriated. On this basis we find that the Council meets the budgetary tests set forth in Section 112.312(1) and that the Council is an "advisory body."

Accordingly, we find that the members of the Florida Arts Council are not "state officers" and therefore are not subject to the requirement of filing statements of financial interests annually in accordance with Section 112.3145, Florida Statutes.