Florida Statute 69.81 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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 CourtListener

Amendments to 69.081

Annotations, Discussions, Cases:

Cases Citing Statute 69.081

Total Results: 15

EI DuPONT DE NEMOURS v. Lambert

654 So. 2d 226, 1995 WL 232659

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1710279

Cited 12 times | Published

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

Bridgestone/Firestone North American Tire, LLC v. Garcia

991 So. 2d 912, 2008 WL 2986498

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1724990

Cited 7 times | Published

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

Jones v. Goodyear Tire & Rubber Co.

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

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 1300466

Cited 6 times | Published

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

Cordis Corp. v. O'Shea

988 So. 2d 1163, 2008 WL 2986879

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1384994

Cited 5 times | Published

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

TRW AUTOMOTIVE US LLC v. Papandopoles

949 So. 2d 297

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1719963

Cited 5 times | Published

Florida's Sunshine in Litigation Act, codified at section 69.081, Florida Statutes. Yampa On June 3, 2002,

Novartis Pharmaceuticals Corp. v. Carnoto

798 So. 2d 22, 2001 WL 1205856

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1670786

Cited 5 times | Published

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

Goodyear Tire & Rubber Co. v. Jones

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

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 1727034

Cited 4 times | Published

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

Smith v. TIB Bank of the Keys

687 So. 2d 895, 1997 WL 30811

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1370988

Cited 3 times | Published

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

ACandS, Inc. v. Askew

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

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1704449

Cited 3 times | Published

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

Stivers v. Ford Motor Credit Co.

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

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 462078

Cited 2 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64755883

Cited 2 times | Published

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

Goodyear Tire & Rubber Co. v. Schalmo

987 So. 2d 142, 2008 WL 2697248

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1393322

Cited 1 times | Published

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

General Motors Corp. v. Dickerson

654 So. 2d 1036, 1995 WL 296216

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1303870

Cited 1 times | Published

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

Ford Motor Co. v. HALL-EDWARDS

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

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1656194

Published

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

State Farm Fire and Cas. Co. v. Sosnowski

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

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 1516816

Published

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