Florida Statute 69.081 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 69
MISCELLANEOUS PROCEDURAL MATTERS

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F.S. 69.081

69.081 Sunshine in litigation; concealment of public hazards prohibited.—

(1) This section may be cited as the “Sunshine in Litigation Act.”

(2) As used in this section, “public hazard” means an instrumentality, including but not limited to any device, instrument, person, procedure, product, or a condition of a device, instrument, person, procedure or product, that has caused and is likely to cause injury.

(3) Except pursuant to this section, no court shall enter an order or judgment which has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment which has the purpose or effect of concealing any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard.

(4) Any portion of an agreement or contract which has the purpose or effect of concealing a public hazard, any information concerning a public hazard, or any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard, is void, contrary to public policy, and may not be enforced.

(5) Trade secrets as defined in s. 688.002 which are not pertinent to public hazards shall be protected pursuant to chapter 688.

(6) Any substantially affected person, including but not limited to representatives of news media, has standing to contest an order, judgment, agreement, or contract that violates this section. A person may contest an order, judgment, agreement, or contract that violates this section by motion in the court that entered the order or judgment, or by bringing a declaratory judgment action pursuant to chapter 86.

(7) Upon motion and good cause shown by a party attempting to prevent disclosure of information or materials which have not previously been disclosed, including but not limited to alleged trade secrets, the court shall examine the disputed information or materials in camera. If the court finds that the information or materials or portions thereof consist of information concerning a public hazard or information which may be useful to members of the public in protecting themselves from injury which may result from a public hazard, the court shall allow disclosure of the information or materials. If allowing disclosure, the court shall allow disclosure of only that portion of the information or materials necessary or useful to the public regarding the public hazard.

(8)(a) Any portion of an agreement or contract which has the purpose or effect of concealing information relating to the settlement or resolution of any claim or action against the state, its agencies, or subdivisions or against any municipality or constitutionally created body or commission is void, contrary to public policy, and may not be enforced. Any person has standing to contest an order, judgment, agreement, or contract that violates this section. A person may contest an order, judgment, agreement, or contract that violates this subsection by motion in the court that entered such order or judgment, or by bringing a declaratory judgment action pursuant to chapter 86.

(b) Any person having custody of any document, record, contract, or agreement relating to any settlement as set forth in this section shall maintain said public records in compliance with chapter 119.

(c) Failure of any custodian to disclose and provide any document, record, contract, or agreement as set forth in this section shall be subject to the sanctions as set forth in chapter 119.

This subsection does not apply to trade secrets protected pursuant to chapter 688, proprietary confidential business information, or other information that is confidential under state or federal law.

(9) A governmental entity, except a municipality or county, that settles a claim in tort which requires the expenditure of public funds in excess of $5,000, shall provide notice, in accordance with the provisions of chapter 50, of such settlement, in the county in which the claim arose, within 60 days of entering into such settlement; provided that no notice shall be required if the settlement has been approved by a court of competent jurisdiction.

History.—s. 1, ch. 90-20; s. 1, ch. 91-85; s. 1, ch. 96-349.

F.S. 69.081 on Google Scholar

F.S. 69.081 on Casetext

Amendments to 69.081

Arrestable Offenses / Crimes under Fla. Stat. 69.081

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 69.081.

Annotations, Discussions, Cases:

Cases Citing Statute 69.081

Total Results: 20

Ford Motor Co. v. HALL-EDWARDS

Court: District Court of Appeal of Florida | Date Filed: 2009-10-21

Citation: 21 So. 3d 99, 2009 Fla. App. LEXIS 15808, 2009 WL 3364937

Snippet: Determining Public Hazard Pursuant to Florida Statute § 69.081." The respondent, plaintiff below, sued Ford following

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-03-13

Snippet: Records Act in favor of open government"). 4 See s. 69.081(8)(a), Fla. Stat., stating exceptions of trade

Bridgestone/Firestone North American Tire, LLC v. Garcia

Court: District Court of Appeal of Florida | Date Filed: 2008-08-06

Citation: 991 So. 2d 912, 2008 WL 2986498

Snippet: Two of the cases pleaded claims under section 69.081, Florida Statutes, commonly known as Florida's

Cordis Corp. v. O'Shea

Court: District Court of Appeal of Florida | Date Filed: 2008-08-06

Citation: 988 So. 2d 1163, 2008 WL 2986879

Snippet: application of the Sunshine in Litigation Act, section 69.081, Florida Statutes, which expressly acknowledges

Goodyear Tire & Rubber Co. v. Schalmo

Court: District Court of Appeal of Florida | Date Filed: 2008-07-11

Citation: 987 So. 2d 142, 2008 WL 2697248

Snippet: which may result from *145 [a] public hazard." § 69.081(3), Fla. Stat. (2005). The Act defines "public

TRW AUTOMOTIVE US LLC v. Papandopoles

Court: District Court of Appeal of Florida | Date Filed: 2007-02-14

Citation: 949 So. 2d 297

Snippet: Sunshine in Litigation Act, codified at section 69.081, Florida Statutes. Yampa On June 3, 2002, two

Goodyear Tire & Rubber Co. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 929 So. 2d 1081, 2005 Fla. App. LEXIS 19707, 2005 WL 3409619

Snippet: injury which may result from the public hazard. § 69.081(3), Fla. Stat. (2004). Subsection (5) of the Act

Jones v. Goodyear Tire & Rubber Co.

Court: District Court of Appeal of Florida | Date Filed: 2003-11-12

Citation: 871 So. 2d 899, 2003 Fla. App. LEXIS 17101, 2003 WL 22657851

Snippet: should be vacated as it is violative of section 69.081(3), Florida Statutes (2001). This statute provides

State Farm Fire and Cas. Co. v. Sosnowski

Court: District Court of Appeal of Florida | Date Filed: 2002-10-25

Citation: 830 So. 2d 886, 2002 Fla. App. LEXIS 15567, 2002 WL 31396488

Snippet: Sunshine in Litigation Act, specifically section 69.081(3), Florida Statutes (2001), which provides in

Novartis Pharmaceuticals Corp. v. Carnoto

Court: District Court of Appeal of Florida | Date Filed: 2001-10-10

Citation: 798 So. 2d 22, 2001 WL 1205856

Snippet: Litigation Act [Sunshine Act], specifically Section 69.081, Florida Statutes, to a special master, and ruled

Stivers v. Ford Motor Credit Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 777 So. 2d 1023, 2000 Fla. App. LEXIS 16890, 2000 WL 1872986

Snippet: is a public hazard within the meaning of section 69.081, Florida Statutes (2000), the Sunshine in Litigation

Smith v. TIB Bank of the Keys

Court: District Court of Appeal of Florida | Date Filed: 1997-01-29

Citation: 687 So. 2d 895, 1997 WL 30811

Snippet: controversy, we do not construe in any way section 69.081, Florida Statutes (1995), the "Sunshine in Litigation

General Motors Corp. v. Dickerson

Court: District Court of Appeal of Florida | Date Filed: 1995-05-17

Citation: 654 So. 2d 1036, 1995 WL 296216

Snippet: initially in the trial court as to whether section 69.081, Florida Statutes, the Florida Sunshine in Litigation

E.I. DuPont De Nemours & Co. v. Lambert

Court: District Court of Appeal of Florida | Date Filed: 1995-04-21

Citation: 654 So. 2d 226, 1995 Fla. App. LEXIS 4174

Snippet: Sunshine in Litigation Act (Sunshine Act),' section 69.081, Florida Statutes (1991), to set aside the confidentiality

EI DuPONT DE NEMOURS v. Lambert

Court: District Court of Appeal of Florida | Date Filed: 1995-04-21

Citation: 654 So. 2d 226, 1995 WL 232659

Snippet: Sunshine in Litigation Act (Sunshine Act), section 69.081, Florida Statutes (1991), to set aside the confidentiality

ACandS, Inc. v. Askew

Court: District Court of Appeal of Florida | Date Filed: 1992-04-17

Citation: 597 So. 2d 895, 1992 Fla. App. LEXIS 4500, 1992 WL 76471

Snippet: the attention of the lower tribunal to section 69.081, Florida Statutes (Supp. 1990). Subsection (3)

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-11-27

Snippet: review denied, 479 So.2d 117 (Fla. 1985). 12 Cf., s. 69.081, F.S., the Sunshine in Litigation Act. 13 47 So

Geer v. Bennett

Court: District Court of Appeal of Florida | Date Filed: 1970-06-08

Citation: 237 So. 2d 311

Snippet: Ames BENNETT and John B. Marion, Appellees. No. 69-81. District Court of Appeal of Florida, Fourth District

Hornsby v. Producers Fertilizer Co.

Court: District Court of Appeal of Florida | Date Filed: 1969-11-12

Citation: 228 So. 2d 456, 1969 Fla. App. LEXIS 6986

Snippet: PER CURIAM. Affirmed.

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 1969-06-17

Citation: 225 So. 2d 195

Snippet: PER CURIAM. Affirmed.