Florida/Georgia Personal Injury & Workers Compensation

...g receipt of memorandum of law from each party pertaining to the question of whether the court has the right to enjoin the filing of the information. This interlocutory appeal resulted. Rooks says the statute under attack was in direct conflict with Section 286.012, Florida Statutes (1973), which reads as follows: No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other of...

..."Controlling interest" means ownership, directly or indirectly, of 10 percent or more of the outstanding capital stock in a corporation. Section 112.312(3), Florida Statutes (1973). Rooks says he was literally "between the rock and the hard place." Under Section 286.012, Florida Statutes (1973), he was required to vote because he owned less than 10 percent of the capital stock in the corporation....

...The State further says that a negative vote would not make the commissioner a party to the letting of the contract for the purposes of Section 839.07, Florida Statutes (1973). The fact that Rooks registered a vote would place him in compliance with Section 286.012, Florida Statutes (1973)....

...of Section 839.07, Florida Statutes, is not sufficiently complete, standing alone, to revitalize that statute. The conclusion that Section 839.07, Florida Statutes (1973), was impliedly repealed and not revived in 1971 is buttressed by the fact that Section 286.012, Florida Statutes (1973), was enacted in 1972 as Chapter 72-311, Laws of Florida. A review of Section 286.012 discloses no reference to Section 839.07. If it retained any vitality in the mind of the legislature after the passage of Chapter 70-144, it seems unreasonable that Section 839.07, Florida Statutes (1973), would not have been referred to in Section 286.012 which catalogued the conflict of interest statutes....

...business entity subject to regulation by the City of Pinellas Park. Appellant argues that it is implicit in F.S. 112.313(2) that the public official file a conflict of interest statement in conjunction with his taking office. Appellant submits that Section 286.012, Florida Statutes, which provides: "Voting requirement at meetings of governmental bodies....

...An appeal from a decision of the Zoning Board may be taken by an applicant or his agent, or an aggrieved party whose name appears in the record of the Zoning Board. The Board of County Commissioners, after considering said appeal, shall by resolution either confirm, modify or reverse the decision of the Zoning Board. [8] Section 286.012, Fla....

...cerning that individual or the business he represents come before the council. It is present policy of this state that a public officer may vote upon any matter, so long as he files a memorandum of voting conflict. He also may abstain as provided by § 286.012, which has been interpreted by the attorney general to require that a voting officer have a personal financial interest in a matter in order to abstain....

...to vote on all matters before them; abstaining from a vote is prohibited unless "there is, or appears to be, a possible conflict of interest under § 112.311, § 112.313, or § 112.3143." Fla.Stat.Ann. § 286.012 (West 1995). Section 286.012 speaks only of when a public official may abstain from voting; it does not describe the circumstances under which a public official must abstain from voting....

...Appellants filed suit against appellees, alleging a violation of chapter 286, Florida Statutes (1981), commonly known as the "Florida Sunshine Law" and seeking to void certain actions of the appellee "Task Force." The trial judge found that the organizational meeting of the task force was not subject to chapter 286 and that section 286.012, Florida Statutes (1981), did not apply to the task force....

...Reno, 366 So.2d 1244 (Fla. 3d DCA 1979). Even so, the summary judgment for appellees can be sustained based on the trial judge's finding that notice was adequate even if chapter 286 did apply to the task force and based on the following discussion of the requirements of section 286.012, Florida Statutes. The issue raised by appellants that most concerns us is whether section 286.012, Florida Statutes, requires a so-called roll call vote of the members of a public agency who are present and voting so that each member's specific vote on every subject is recorded. We hold that it does not. The title to chapter 72-311, Laws of Florida (1972), which became section 286.012, reads: AN ACT relating to governmental boards and agencies of state, county and municipal governments; prohibiting abstention from voting by members of such boards and agencies in matters requiring votes; providing an exception; providing an effective date. The title makes no reference to the recording of votes. It was obviously directed at, as it states, "prohibiting abstention from voting." In City of Hallandale v. Rayel Corp., 313 So.2d 113 (Fla. 4th DCA 1975), the court held that though section 286.012 requires every member of a governmental board who is present at any meeting to vote in the proceedings, the failure of a member to vote and thereby have no vote for that member recorded does not invalidate the proceeding. The wording of section 286.012 supports our conclusion that a roll call vote so as to record the individual vote of each member is not necessary....

...Consequently, we reverse the finding that Kinzer violated subsection 112.313(6). [7] The final order of the Ethics Commission is reversed and the cause remanded with directions to enter a final order in favor of Kinzer. NOTES [1] The Town Attorney advised Kinzer that he had a legal duty to vote under section 286.012, Florida Statutes (1989), and that there was no exception for the anti-nepotism law....

...(1968); see also Pensacola & A.R. Co. v. State, 45 Fla. 86, 33 So. at 986 (construing 1885 Constitution). [5] Kinzer argues alternatively that he is entitled to have the order reversed even if the anti-nepotism law had not been partially repealed, given the terms of section 286.012, Florida Statutes (1989), and the Town Attorney's interpretation thereof....

...The first urges error on the denial of their petition upon the ground that one of the Commissioners voluntarily left the session of the Board of County Commissioners during the proceedings and that therefore the resolution later adopted was invalid. Florida Statute § 286.012, F.S.A., specifically provides that members of governmental bodies are required to perform their responsibilities by participating in decisions to be made by such bodies....

...Accord: Sturgis Standard Code of Parliamentary Procedure, p. 54. With respect to the right to abstain from voting, it should be noted that — with the exception of situations where there is or appears to be a conflict of interest — a member of a public body is prohibited by s. 286.012 , F.S., from abstaining from voting at a meeting at which he is present....

...s a member of a special class, or creates a conflict between such officer's private interests and his public duties, he may abstain from voting on the matter and shall file a statement explaining the conflict with the appropriate officials. Reading ss. 286.012 and 112.314, supra, together, it is clear that an abstention is permitted — but not required — only when there is or appears to be a conflict of interest. However, there are no sanctions provided by the statute itself for violation of s. 286.012 by an abstention which does not come within the exception. AS TO QUESTIONS 3 and 4: Inasmuch as they are interrelated, questions 3 and 4 will be discussed together. Section 286.012 , F.S., provides in pertinent part: No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling or other official act is t...

...led or is "at hand" — even though he may have physically absented himself temporarily from the room in which the meeting is taking place — I have the view that he must be considered as being present for the purpose of the requirements of s. 286.012 , supra, as well as for all other purposes....

...WHAT IS MEANT BY THE PHRASE "MAJORITY OF THE COMMISSIONERS" AS IT IS USED IN s. 11, CH. 76-414, LAWS OF FLORIDA, REGARDING VOTES TAKEN BY THE BOARD OF COMMISSIONERS OF THE BAYSHORE FIRE PROTECTION AND RESCUE SERVICE DISTRICT? 2. ARE THE PROVISIONS OF s. 286.012 , F.S., APPLICABLE TO THE BOARD OF COMMISSIONERS OF THE BAYSHORE FIRE PROTECTION AND RESCUE SERVICE DISTRICT? You have been contacted by the Chairman of the Board of Commissioners of the Bayshore Fire Protection and Rescue Service District who advises that the members of the board are unsure of the meaning of the majority voting requirement contained in s. 11, Ch. 76-414, Laws of Florida. In addition, the commissioners question the applicability of s. 286.012 , F.S., to meetings of the board....

...r of the members present at the hearing); AGO 57-138, concluding, inter alia, that a two-thirds vote "of the members of [a] house" meant two-thirds of the entire membership and not two-thirds of those present at the session; AGO 74-289. QUESTION TWO Section 286.012 , F.S....

...t under the provisions of s. 112.311 , s. 112.313 , or s. 112.3143 . In such cases, said member shall comply with the disclosure requirements of s. 112.3143 . A previous opinion of this office, AGO 78-11, substantially addresses the applicability of s. 286.012 , F.S., to special taxing districts....

...ct boundaries. Therefore, as a special taxing district, it appears that the Bayshore Fire Protection and Rescue Service District and its governing board is not a board or an agency of state, county of municipal government, and thus the provisions of s. 286.012 , F.S. (1984 Supp.), do not apply to or operate on such districts or their governing boards. Accord, AGO 78-11. However, while s. 286.012 , F.S., is not applicable to the Board of Commissioners of the Bayshore Fire Protection and Rescue Service District, the provisions of s....

...And see, 62 C.J.S. Municipal Corporations s. 400, p. 754 (a local governmental unit may adopt its own rules of procedure when the enabling legislation does not provide any rules). See also, 67 C.J.S. Parliamentary Law s. 3. Thus, the provisions of s. 286.012 , F.S....

...trict means a majority of the five member board, i.e., three members. Further, the nature of the Bayshore Fire Protection and Rescue Service District as a special taxing district places the board of commissioners of the district outside the scope of s. 286.012 , F.S....

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

...Dell, General Counsel Hillsborough County Hospital Authority Post Office Box 2111 Tampa, Florida 33601 Dear Mr. Dell: As counsel for the Hillsborough County Hospital Authority, you have asked for my opinion on the following question: Is the Hillsborough County Hospital Authority subject to s. 286.012 , F.S.? In sum: The Hillsborough County Hospital Authority is a county agency subject to the voting requirements set forth in s. 286.012 , F.S. Section 286.012 , F.S., provides that: No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken o...

...agency of the county and that the members of the authority held county office. Thus, the Hillsborough County Hospital Authority appears to be a county agency. As a county agency the authority would be subject to the voting requirements set forth in s. 286.012 , F.S. You have directed my attention to AGO 78-11 which addresses the applicability of s. 286.012 , F.S., to special taxing districts. In that opinion this office concluded that the Southwestern Palm Beach County Public Hospital Board was the governing body of a special taxing district and therefore, not subject to s. 286.012 , F.S....

...e agency as its prescribed powers are confined to a less than statewide area. 10 Further, special taxing districts cannot be considered to be county or municipal agencies. 11 Thus, special taxing districts are not subject to the voting provisions of s. 286.012 , F.S....

...trusts. Chapter 155 , F.S., deals with county hospitals. Based on the above, the Hillsborough County Hospital Authority Board does not appear to be a special taxing district or a special district for purposes of the voting requirements set forth in s. 286.012 , F.S. Thus, it is my opinion that the Hillsborough County Hospital Authority is a county agency subject to the voting requirements set forth in s. 286.012 , F.S....

...2(3). 4 Id. s. 6. 5 Id. s. 3. 6 Id. s. 9. 7 Id. s. 3. 8 Section 5(a), Art. II, State Const. 9 And see, AGO 85-78 concluding that the Bayshore Fire Protection and Rescue Service District, a special taxing district, is not subject to the provisions of s. 286.012 , F.S....

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

...That opinion stated that "[t]he fact that one member abstained from voting has no effect on the statutory provision that the adoption of a resolution requires that affirmative vote of a majority of the members present." The conclusion in Attorney General Opinion 74-160, however, was based on the provisions of section 286.012 , Florida Statutes, read together with section 112.3143 , Florida Statutes, which, prior to the 1984 amendments to these statutes did not mandate a voting abstention in the case of a conflict, but afforded the officer a choice as to w...

...Commissioner Chernoff also cites an 7 Attorney General opinion that states in the body of the opinion the exception that “members of a legislative body vote on matters coming before them unless they have a conflict of interest,” citing section 286.012, Florida Statutes, as amended by Ch....

...effect on the statutory provision that the adoption of a resolution requires that affirmative vote of a majority of the members present." The conclusion in Attorney General Opinion 74-160, however, was based on the provisions of section 286.012, Florida Statutes, read together with section 112.3143, Florida Statutes, which, prior to the 1984 amendments to these statutes did not mandate a voting abstention in the case of a conflict, but afforde...

districts and the governing boards thereof. Section 286.012 reads: No member of any state, county

District required to vote except as provided in section 286.012, Florida Statutes, and sections 112.3143 and