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.

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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: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: they have a conflict of interest,” citing section 286.012, Florida Statutes, as amended by Ch. 75-208, Laws

WASSERSTROM v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

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

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Court: Florida Attorney General Reports | Date Filed: 2008-11-20

Snippet: Constitution? 2) Do the provisions of section 286.012, Florida Statutes, setting forth voting requirements

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Court: Florida Attorney General Reports | Date Filed: 2008-07-23

Snippet: however, was based on the provisions of section 286.012, Florida Statutes, read together with section 112

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Court: Florida Attorney General Reports | Date Filed: 2004-04-30

Snippet: required to vote except as provided in section 286.012, Florida Statutes, and sections 112.3143 and 112

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Court: Florida Attorney General Reports | Date Filed: 2002-06-05

Snippet: requirements for governmental bodies set forth in section 286.012, Florida Statutes? In sum: Advisory board members

Kinzer v. STATE COM'N ON ETHICS

Court: District Court of Appeal of Florida | Date Filed: 1995-05-10

Citation: 654 So. 2d 1007, 1995 Fla. App. LEXIS 4994, 1995 WL 271449

Snippet: that he had a legal duty to vote under section 286.012, Florida Statutes (1989), and that there was no

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Court: Florida Attorney General Reports | Date Filed: 1993-12-14

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: Florida Attorney General Reports | Date Filed: 1990-11-01

Snippet: Hillsborough County Hospital Authority subject to s.286.012, F.S.? In sum: The Hillsborough County Hospital

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Court: Florida Attorney General Reports | Date Filed: 1988-12-30

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

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Court: Florida Attorney General Reports | Date Filed: 1987-03-10

Snippet: Rather, your inquiry is specifically directed at s. 286.012, F.S., which provides as follows: No member

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Court: Florida Attorney General Reports | Date Filed: 1986-12-08

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: Florida Attorney General Reports | Date Filed: 1985-10-01

Snippet: SERVICE DISTRICT? 2. ARE THE PROVISIONS OF s. 286.012, F.S., APPLICABLE TO THE BOARD OF COMMISSIONERS

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Court: Florida Attorney General Reports | Date Filed: 1985-05-22

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: Florida Attorney General Reports | Date Filed: 1985-03-26

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

Moffitt v. Willis

Court: Supreme Court of Florida | Date Filed: 1984-10-18

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: District Court of Appeal of Florida | Date Filed: 1984-04-17

Citation: 448 So. 2d 1170, 1984 Fla. App. LEXIS 12751

Snippet: the decision of the Zoning Board. [8] Section 286.012, Fla. Stat. (1981) provides: No member of any

Ruff v. School Bd. of Collier County

Court: District Court of Appeal of Florida | Date Filed: 1983-01-14

Citation: 426 So. 2d 1015, 9 Educ. L. Rep. 787

Snippet: was not subject to chapter 286 and that section 286.012, Florida Statutes (1981), did not apply to the

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Court: Florida Attorney General Reports | Date Filed: 1981-02-11

Snippet: ) No provision of s. 286.0105 (or ss. 286.011, 286.012, or 286.26, all of which deal with public meetings)

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Court: Florida Attorney General Reports | Date Filed: 1980-05-07

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