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: Fla. Dist. Ct. App. | Date Filed: 2009-10-21T00:00:00-07:00

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…filed a "Notice of Public Hazard Pursuant to § 69.081 and Motion to Prevent the *101 Court from Entering…quot; is a "public hazard" under section 69.081, Florida Statutes (2008),[2] and to "enter…including the alleged unconstitutionality of section 69.081). At the hearing, the trial court declined to hear… to be "public hazards" under section 69.081, which "have caused and are likely to cause

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-03-13T00:53:00-07:00

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

Cordis Corp. v. O'Shea

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-06T00:53:00-07:00

Citation: 988 So. 2d 1163

Snippet: application of the Sunshine in Litigation Act, section 69.081, Florida Statutes, which expressly acknowledges…information confidential under state or federal law, § 69.081(5), (8), Fla. Stat., and we will not extend our

Bridgestone/Firestone North American Tire, LLC v. Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-06T00:53:00-07:00

Citation: 991 So. 2d 912

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

Goodyear Tire & Rubber Co. v. Schalmo

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-11T00:53:00-07:00

Citation: 987 So. 2d 142

Snippet: may result from *145 [a] public hazard." § 69.081(3), Fla. Stat. (2005). The Act defines "public…that has caused and is likely to cause injury. § 69.081(2). When a party seeks to prevent disclosure of…useful to the public regarding the public hazard. § 69.081(7) (emphasis added). If the discovery dispute concerns…if they are not pertinent to a public hazard. § 69.081(5). The plain language of subsection seven of the… which may result from a public hazard." § 69.081(7). If the documents or information meet this standard

TRW AUTOMOTIVE US LLC v. Papandopoles

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-13T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-12-13T23:53:00-08:00

Citation: 929 So. 2d 1081

Snippet: injury which may result from the public hazard. § 69.081(3), Fla. Stat. (2004). Subsection (5) of the Act…hazards shall be protected pursuant to chapter 688. § 69.081(5), Fla. Stat. (2004). Subsection (7) provides:…useful to the public regarding the public hazard. § 69.081(7), Fla. Stat. (2004). Goodyear argues that it …entering an order which conceals a public hazard. § 69.081(3), Fla. Stat. (2004). When Goodyear moved for …information concerning a public hazard." See § 69.081(3), Fla. Stat. (2004). Prohibiting the concealment

Jones v. Goodyear Tire & Rubber Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-11T23:53:00-08:00

Citation: 871 So. 2d 899

Snippet: should be vacated as it is violative of section 69.081(3), Florida Statutes (2001). This statute provides…injury which may result from the public hazard. § 69.081(3), Fla. Stat. (2001). To this end, "public…that has caused and is likely to cause injury. § 69.081(2), Fla. Stat. (2001). Since the jury clearly found…;public hazard." Thus, pursuant to section 69.081(2), no order can be entered which would conceal

State Farm Fire and Cas. Co. v. Sosnowski

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-25T00:53:00-07:00

Citation: 830 So. 2d 886

Snippet: Sunshine in Litigation Act, specifically section 69.081(3), Florida Statutes (2001), which provides in …are not a "public hazard" under section 69.081(3), Florida Statutes *888 (2001). As the Fourth…"public hazard" as defined in section 69.081(2), Florida Statutes (2001),[1] is limited to instances…ORFINGER, R.B., JJ., concur. NOTES [1] Section 69.081(2) defines "public hazard" as "an

Novartis Pharmaceuticals Corp. v. Carnoto

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-10T00:53:00-07:00

Citation: 798 So. 2d 22

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

Stivers v. Ford Motor Credit Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-26T23:53:00-08:00

Citation: 777 So. 2d 1023

Snippet: is a public hazard within the meaning of section 69.081, Florida Statutes (2000), the Sunshine in Litigation…public hazard" within the meaning of section 69.081(2) and affirm the trial court's order granting…motion for summary judgment, ruling that section 69.081 did not apply, since economic fraud in the leasing…public hazard" within the meaning of section 69.081(2). Stivers contends that the settlement agreement…agreement is unenforceable under section 69.081(4), which provides [a]ny portion of an agreement or contract

Smith v. TIB Bank of the Keys

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-28T23:53:00-08:00

Citation: 687 So. 2d 895

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

General Motors Corp. v. Dickerson

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-17T00:53:00-07:00

Citation: 654 So. 2d 1036

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

EI DuPONT DE NEMOURS v. Lambert

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-21T00:53:00-07:00

Citation: 654 So. 2d 226

Snippet: Sunshine in Litigation Act (Sunshine Act), section 69.081, Florida Statutes (1991), to set aside the confidentiality…Benlate was a public hazard pursuant to section *228 69.081, the motions sought to have the confidential information

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-21T00:00:00-07:00

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

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

ACandS, Inc. v. Askew

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-17T00:53:00-07:00

Citation: 597 So. 2d 895

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1991-11-26T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1970-06-08T00:53:00-07:00

Citation: 237 So. 2d 311

Snippet: Ames BENNETT and John B. Marion, Appellees. No. 69-81. District Court of Appeal of Florida, Fourth District…Construction Inspection ....... 100%" 69-81 District Court of Appeal of Florida fladistctapp

Hornsby v. Producers Fertilizer Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1969-11-12T00:00:00-08:00

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

Snippet: PER CURIAM. Affirmed. No. 69-81 District Court of Appeal of Florida fladistctapp Fla

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1969-06-17T00:00:00-07:00

Citation: 225 So. 2d 195

Snippet: PER CURIAM. Affirmed. No. 69-81 District Court of Appeal of Florida fladistctapp Fla