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Florida Statute 286.012 | Lawyer Caselaw & Research
F.S. 286.012 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 286.012

The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS
Chapter 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
View Entire Chapter
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 from cite.case.law:

WASSERSTROM, v. STATE, 21 So. 3d 55 (Fla. Dist. Ct. App. 2009)

. . . Stat. s. 286.012. . . . Stat. s. 286.012. . . .

GEORGE L. W. O. v. CITY OF COCOA, FLORIDA, 78 F.3d 494 (11th Cir. 1996)

. . . . § 286.012 (West 1995). . . . Section 286.012 speaks only of when a public official may abstain from voting; it does not describe the . . .

KINZER, v. STATE COMMISSION ON ETHICS,, 654 So. 2d 1007 (Fla. Dist. Ct. App. 1995)

. . . in favor of Kinzer. .The Town Attorney advised Kinzer that he had a legal duty to vote under section 286.012 . . . reversed even if the anti-nepotism law had not been partially repealed, given the terms of section 286.012 . . .

H. MOFFITT, v. C. WILLIS,, 459 So. 2d 1018 (Fla. 1984)

. . . article III, Florida Constitution; section 11.142, Florida Statutes (1981); and section 286.011 and 286.012 . . .

IZAAK WALTON LEAGUE OF AMERICA, v. MONROE COUNTY, 448 So. 2d 1170 (Fla. Dist. Ct. App. 1984)

. . . Section 286.012, Fla.Stat. (1981) provides: No member of any state, county, or municipal governmental . . . He also may abstain as provided by § 286.012, which has been interpreted by the attorney general to require . . .

J. RUFF O v. SCHOOL BOARD OF COLLIER COUNTY,, 426 So. 2d 1015 (Fla. Dist. Ct. App. 1983)

. . . found that the organizational meeting of the task force was not subject to chapter 286 and that section 286.012 . . . 286 did apply to the task force and based on the following discussion of the requirements of section 286.012 . . . The issue raised by appellants that most concerns us is whether section 286.012, Florida Statutes, requires . . . The title to chapter 72-311, Laws of Florida (1972), which became section 286.012, reads: AN ACT relating . . . Rayel Corp., 313 So.2d 113 (Fla. 4th DCA 1975), the court held that though section 286.012 requires every . . .

KRAUSE v. RENO, a, 366 So. 2d 1244 (Fla. Dist. Ct. App. 1979)

. . . City of Miami in choosing a new police chief was subject to the provisions of Sections 286.011 and 286.012 . . . official acts or is a step in any official decision-making process is subject to Sections 286.011 and 286.012 . . . either of them are subject to the government in the Sunshine Law and subject to Sections 286.011 and 286.012 . . .

G. OLDHAM, Jr. v. F. ROOKS,, 361 So. 2d 140 (Fla. 1978)

. . . Rooks says the statute under attack was in direct conflict with Section 286.012, Florida Statutes (1973 . . . Under Section 286.012, Florida Statutes (1973), he was required to vote because he owned less than 10 . . . Statutes (1973), was impliedly repealed and not revived in 1971 is buttressed by the fact that Section 286.012 . . . A review of Section 286.012 discloses no reference to Section 839.07. . . . unreasonable that Section 839.07, Florida Statutes (1973), would not have been referred to in Section 286.012 . . .

STATE, STATE ATTORNEY, v. KRAUSE,, 47 Fla. Supp. 36 (Dade Cty. Cir. Ct. 1978)

. . . pursuant to Chapter 86, Florida Statutes, and for a temporary and permnent injunction pursuant to Sections 286.012 . . . either of them are subject to the Government in the Sunshine Law and subject to Sections 286.011 and 286.012 . . .

CITY OF HALLANDALE, v. RAYEL CORPORATION, a, 313 So. 2d 113 (Fla. Dist. Ct. App. 1975)

. . . Statutes 286.012, which requires that every member of a governmental board who is present at any meeting . . .

STATE v. J. DINSMORE,, 308 So. 2d 32 (Fla. 1975)

. . . Appellant submits that Section 286.012, Florida Statutes, which provides: “Voting requirement at meetings . . .

C. WALBERG v. METROPOLITAN DADE COUNTY, a, 296 So. 2d 509 (Fla. Dist. Ct. App. 1974)

. . . Florida Statute § 286.012, F.S.A., specifically provides that members of governmental bodies are required . . .