Florida Statute 286.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS

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F.S. 286.012

286.012 Voting requirement at meetings of governmental bodies.—A member of a state, county, or municipal governmental board, commission, or agency who is present at a meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may not abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, unless, with respect to any such member, there is, or appears to be, a possible conflict of interest under s. 112.311, s. 112.313, s. 112.3143, or additional or more stringent standards of conduct, if any, adopted pursuant to s. 112.326. If there is, or appears to be, a possible conflict under s. 112.311, s. 112.313, or s. 112.3143, the member shall comply with the disclosure requirements of s. 112.3143. If the only conflict or possible conflict is one arising from the additional or more stringent standards adopted pursuant to s. 112.326, the member shall comply with any disclosure requirements adopted pursuant to s. 112.326. If the official decision, ruling, or act occurs in the context of a quasi-judicial proceeding, a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice.

History.—s. 1, ch. 72-311; s. 9, ch. 75-208; s. 2, ch. 84-357; s. 13, ch. 94-277; s. 19, ch. 2013-36; s. 7, ch. 2014-183.

F.S. 286.012 on Google Scholar

F.S. 286.012 on Casetext

Amendments to 286.012

Arrestable Offenses / Crimes under Fla. Stat. 286.012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 286.012.

Annotations, Discussions, Cases:

Cases Citing Statute 286.012

Total Results: 20

Jay R. Chernoff v. City of North Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-31T00:00:00-08:00

Snippet: they have a conflict of interest,” citing section 286.012, Florida Statutes, as amended by Ch. 75-208, Laws… was based on the provisions of section 286.012, Florida Statutes, read together with section

WASSERSTROM v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-30T00:00:00-07:00

Citation: 21 So. 3d 55, 2009 Fla. App. LEXIS 14517, 2009 WL 3103855

Snippet: a possible conflict of interest. Fla. Stat. s. 286.012. On July 7, 2004, the Wasserstrom filed another… I chose to abstain from voting. Fla. Stat. s. 286.012. At trial, Goldman testified that Wasserstrom would

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Court: Fla. Att'y Gen. | Date Filed: 2008-11-19T23:53:00-08:00

Snippet: Constitution? 2) Do the provisions of section 286.012, Florida Statutes, setting forth voting requirements…a), Florida Constitution. Question Two Section 286.012, Florida Statutes, provides: "No member …members county officers, the provisions of section 286.012, Florida Statutes, would appear to be applicable… of the opinion that the provisions of section 286.012, Florida Statutes, setting forth voting requirements

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Court: Fla. Att'y Gen. | Date Filed: 2008-07-23T00:53:00-07:00

Snippet: however, was based on the provisions of section 286.012, Florida Statutes, read together with section 112.3143

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Court: Fla. Att'y Gen. | Date Filed: 2004-04-30T00:53:00-07:00

Snippet: required to vote except as provided in section 286.012, Florida Statutes, and sections 112.3143 and 112.313…certain prohibitions on voting. You refer to section 286.012, Florida Statutes, which provides: "No member…state, county or municipal agency.6 Thus section 286.012, Florida Statutes, does not, by its own terms, … extend the abstention requirements of section 286.012, Florida Statutes, to the district. In Attorney…Opinion 78-11, this office stated that section 286.012, Florida Statutes, did not govern voting by members

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Court: Fla. Att'y Gen. | Date Filed: 2002-06-05T00:53:00-07:00

Snippet: are subject to section 286.012. I concur in that conclusion. Section 286.012, Florida Statutes, refers…286.011 and 286.012 of the Florida Statutes." Moreover, as you note, section 286.012, Florida Statutes…requirements for governmental bodies set forth in section 286.012, Florida Statutes? In sum: Advisory board members…county and municipal bodies set forth in by section 286.012, Florida Statutes, requiring a vote be recorded…Ethics for Public Officers and Employees. Section 286.012, Florida Statutes, provides: "No member of

Kinzer v. STATE COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 654 So. 2d 1007

Snippet: that he had a legal duty to vote under section 286.012, Florida Statutes (1989), and that there was no…partially repealed, given the terms of section 286.012, Florida Statutes (1989), and the Town Attorney

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Court: Fla. Att'y Gen. | Date Filed: 1993-12-13T23:53:00-08:00

Snippet: conduct of meetings such rules must conform to s. 286.012, Fla. Stat., which requires a member who is present

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Court: Fla. Att'y Gen. | Date Filed: 1990-10-31T23:53:00-08:00

Snippet: voting requirements set forth in s. 286.012, F.S. Section 286.012, F.S., provides that: No member of any…Hillsborough County Hospital Authority subject to s.286.012, F.S.? In sum: The Hillsborough County Hospital…subject to the voting requirements set forth in s. 286.012, F.S. You have directed my attention to AGO 78-…78-11 which addresses the applicability of s. 286.012, F.S., to special taxing districts. In that opinion…taxing district and therefore, not subject to s. 286.012, F.S.9 As is related in AGO 78-11 the Southwestern

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Court: Fla. Att'y Gen. | Date Filed: 1988-12-29T23:53:00-08:00

Snippet: conduct of meetings such rules must conform to s. 286.012, F.S., which requires a member who is present at…hearings" such rules must not conflict with s. 286.012, F.S. That statute requires a member of a municipal…-10, 85-84, 85-27, 85-17, and 84-55. 3 Cf., s. 286.012, F.S., which requires members of any state, county…commissioners of the district outside the scope of s. 286.012, F.S., and that the district board is empowered

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Court: Fla. Att'y Gen. | Date Filed: 1987-03-09T23:53:00-08:00

Snippet: Rather, your inquiry is specifically directed at s. 286.012, F.S., which provides as follows: No member…appointment or reappointment to public office). Thus, s. 286.012, F.S., operates to permit a member of a board of…has rendered numerous opinions interpreting [s. 286.012]. . . . Thus, it appears that under the Attorney…Attorney General's interpretation of s. 286.012 and the provisions of the Code of Ethics referenced… supra.] He may also abstain as provided by s. 286.012, F.S." The opinion thus concluded "that

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Court: Fla. Att'y Gen. | Date Filed: 1986-12-07T23:53:00-08:00

Snippet: should be noted, however, that pursuant to s. 286.012, F.S.: No member of any state, county, or

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Court: Fla. Att'y Gen. | Date Filed: 1985-10-01T00:53:00-07:00

Snippet: SERVICE DISTRICT? 2. ARE THE PROVISIONS OF s. 286.012, F.S., APPLICABLE TO THE BOARD OF COMMISSIONERS…commissioners question the applicability of s. 286.012, F.S., to meetings of the board. You state that… the session; AGO 74-289. QUESTION TWO Section 286.012, F.S. (1984 Supp.), provides that: No member…substantially addresses the applicability of s. 286.012, F.S., to special taxing districts. In that opinion…municipal government, and thus the provisions of s. 286.012, F.S. (1984 Supp.), do not apply to or operate

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Court: Fla. Att'y Gen. | Date Filed: 1985-05-22T00:53:00-07:00

Snippet: , however, was premised on the provisions of s 286.012, F.S., in conjunction with s 112.3143, F.S., which

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Court: Fla. Att'y Gen. | Date Filed: 1985-03-25T23:53:00-08:00

Snippet: may be brought before the city council. See, s 286.012, F.S. (1984 Supp.), which provides, inter alia,

Moffitt v. Willis

Court: Fla. | Date Filed: 1984-10-18T00:53:00-07:00

Citation: 459 So. 2d 1018

Snippet: Florida Statutes (1981); and section 286.011 and 286.012, Florida Statutes (1981). Petitioners filed a motion

Izaak Walton League of America v. MONROE CTY.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-16T23:53:00-08:00

Citation: 448 So. 2d 1170

Snippet: the decision of the Zoning Board. [8] Section 286.012, Fla. Stat. (1981) provides: No member of any …conflict. He also may abstain as provided by § 286.012, which has been interpreted by the attorney general

Ruff v. School Bd. of Collier County

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-13T23:53:00-08:00

Citation: 426 So. 2d 1015

Snippet: was not subject to chapter 286 and that section 286.012, Florida Statutes (1981), did not apply to the …following discussion of the requirements of section 286.012, Florida Statutes. The issue raised by appellants…appellants that most concerns us is whether section 286.012, Florida Statutes, requires a so-called roll call…, Laws of Florida (1972), which became section 286.012, reads: AN ACT relating to governmental boards … DCA 1975), the court held that though section 286.012 requires every member of a governmental board who

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Court: Fla. Att'y Gen. | Date Filed: 1981-02-10T23:53:00-08:00

Snippet: ) No provision of s. 286.0105 (or ss. 286.011, 286.012, or 286.26, all of which deal with public meetings…264, with the legislative intent of ss.286.0105-286.012, and 286.26, F.S. Cf. AGO 078-155 (in which it …. 286.0105 with the provisions of ss. 286.011, 286.012, and 286.26, it is apparent that the Legislature

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Court: Fla. Att'y Gen. | Date Filed: 1980-05-07T00:53:00-07:00

Snippet: governing board were not within the purview of s. 286.012, F. S., but that they were authorized and required