CopyCited 670 times | Published | Court of Appeals for the Eleventh Circuit
...of determining the intention of voters and correcting "an error in the vote tabulation which could affect the outcome of the election." Id. §
102.166(5). Florida law further provides that canvassing board meetings must be open to the public. See id. §
286.0105(1)....
...esignated officials, including a county judge, who are not active participants in the candidacy of any candidate, see id. §
102.141; the fact that canvassing board meetings and any manual recounts must be open to the public, see id. §§
102.166(6),
286.0105(1); and the fact that a canvassing board's decision is subject to judicial review....
CopyPublished | Florida 4th District Court of Appeal
...3d DCA 1999).
Noting the principle that constitutional and statutory provisions must
be read in pari materia in a way to harmonize the provisions of each, we
point out that sections
286.011(8)(c) and (e), relating to the creation of a
shade meeting transcript, must be considered together with section
286.0105, Florida Statutes (2017), which provides:
Each board, commission, or agency of this state or of any
political subdivision thereof shall include in the notice of any
meeting or hearing, if notice of the meeting or h...
...proceedings, and that, for such purpose, he or she may need to
ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which
the appeal is to be based.
12
§ 286.0105, Fla. Stat. (emphasis added). Section 286.0105 has been in
effect since 1988, indicating that the legislature understood the
importance of a verbatim record for appellate review of governmental board
decisions when it adopted the transcript requirement for shade meetings.
We...
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...Register: You have asked for my opinion on substantially the following question: Can notice of a county commission's intent to consider an ordinance which omits one or more of the requirements prescribed by s.
125.66 (2)(a), F.S., as amended by Ch. 89-267, Laws of Florida, and s.
286.0105 , F.S....
...(1988 Supp.), relating to public notice of meetings, be cured by subsequent notice which is published less than 15 days before the meeting of the commission to consider the ordinance? In sum: Failure to comply with the procedural requirements of s.
125.66 (2), F.S., as amended supra, and s.
286.0105 , F.S., cannot be cured by subsequent notice published less than 15 days before a meeting of the commission to consider enactment of an ordinance....
...n against its being done in any other way. 5 Thus, when s.
125.66 (2)(a), F.S., as amended supra, sets forth procedural requirements for the adoption of county ordinances, it effectively prohibits the adoption of such ordinances by any other method. Section
286.0105 , F.S....
...t being done in any other way. 6 Therefore, it is my opinion that the notice of a county commission's intent to consider an ordinance must comply with the procedural requirements of s.
125.66 (2), F.S., as amended by Ch. 89-267, Laws of Florida, and s.
286.0105 , F.S....
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
...Moreover, had the Legislature intended by enactment of s
286.011 (2) to require that a verbatim record of a meeting be promptly recorded and open to public inspection, it could easily have done so by providing for the same instead of for `minutes.' By examining the provisions of s
286.0105 , F.S., it becomes clearly evident that the Legislature realized the difference between a `verbatim record of the proceedings' and `minutes of a meeting.' Section
286.0105 , F.S., provides, in pertinent part, that each entity subject to s
286.011 , shall include in its notice of any meeting or hearing the advice that if a person decides to appeal any decision with respect to any matter considered at su...
