FLORIDA STATUTE 286.012

Abstention
Section 286.012, F.S., provides:
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 . . . 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, or 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 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. (e.s.) A member of a state, county, or municipal board who is present at a meeting is thus prohibited from abstaining from voting except as authorized in s. 286.012, F.S. See AGO 02-40 (s. 286.012, F.S., applies to advisory board appointed by a county commission). Cf. Inf. Op. to Dickens, August 10, 2006 (nothing in the language of s. 286.012 indicates that a member who temporarily absents himself or herself from the dais [but is still present in the meeting room] during a vote should be recorded as an affirmative vote).

IF TONJA GETS BOOTED OFF THE COUNCIL AND DOESN’T GET THE SAME DUE PROCESS AS HELEN GOT OR STACY GOT I WILL RAISE HOLY HELL. YOU HAVE JUST OPENED DOOR FOR RHETT TO PUT HIS NOSE UNDER THE TENT AGAIN. ARE YOU THAT DUMB? APPARENTLY SO.

THE QUESTION GETS TO BE THAT IS THE DECISION TO RULE ON A CITIZEN COMPLAINT IS A “QUASI-JUDICIAL” PROCEDING. I THINK YOU CAN ARGUE BOTH WAYS. TONJA OBVIOUSLY BELIEVES IT DOES.

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