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12/1/1976
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12/1/1976
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
12/01/1976
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November 29, 1976 <br />MEMO <br />TO: BOARD OF COUNTY COMMISSIONERS <br />FROM: GEORGE G. COLLINS, JR., Attorney to the Board <br />RE: CONFLICTS OF INTEREST <br />A situation came up at the last County Commission <br />Meeting where a possible indirect conflict of interest <br />existed. <br />In review of the various statutory authorities, I <br />am enclosing Florida Statutes 112.3143, 286.012, 112.311, <br />112.313. ' <br />To summarize 112.3143, it states that no officer <br />shall be prohibited from voting and may vote even when <br />he has a private personal professional interest, but <br />if he does, then he files an appropriate conflict <br />statement within fifteen days after the vote occurs. <br />Florida Statute 286.012 provides that no member <br />of the Commission who is present at a meeting may <br />abstain from voting in regard to a decision except <br />when there appears a possible conflict of interest <br />under the provisions of 112.311, 112.313, and 112.3143. <br />In such cases said member shall comply with the disclosure <br />requirements of 112.3143. <br />In reference to 112.3143, they talk about a benefit <br />that accrues to personal, private or professional interests <br />which inurs to a special private -gain or special gain of <br />a principal. <br />.In summation, under the Statutes mentioned herein, <br />a Commissioner may vote on any issue whether he has a <br />conflict on that issue or not, whether it is indirect <br />or direct; but if he does vote and has a conflict then <br />an appropriate statement need be filed within fifteen days. <br />At each meeting, those members present must vote unless <br />an abstension qualifies under Florida Statutes 112.311, <br />112.313, or 112.3143. <br />In my review of the matter with the Commission on <br />Ethics in Tallahassee, they indicated that the Legislative <br />intent Section of 112.311 gives a Commissioner certain <br />latitude to determine whether or not he has an indirect <br />conflict, and, if he does, he may abstain without the <br />necessity of filing a conflict of interest statement. <br />This latitude from the Ethics Commission's point of view <br />apparently is derived from the exemption in 286.012, when <br />they refer to Florida Statute 112.311. <br />I will be happy to discuss the implications of this <br />Memo with any of the Commissioners upon request. <br />GGC,Jr/ph <br />Enclosures <br />0 <br />104 <br />o .27 : 389 <br />
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