Florida Statute 286.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS

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F.S. 286.011

286.011 Public meetings and records; public inspection; criminal and civil penalties.—

(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.

(2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state.

(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500.

(b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney’s fee against such agency, and may assess a reasonable attorney’s fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section.

(5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney’s fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission.

(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility.

(7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney’s fees.

(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met:

(a) The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation.

(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.

(c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the entity’s clerk within a reasonable time after the meeting.

(d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session.

(e) The transcript shall be made part of the public record upon conclusion of the litigation.

(9)(a) Notwithstanding any law to the contrary, a regional citizen volunteer advisory committee, created to provide technical expertise and support to the National Estuary Program established by Congress under s. 320 of the Clean Water Act, whose membership is composed of representatives from four or more counties may conduct public meetings and workshops by means of communications media technology as defined in s. 120.54(5)(b)2. An advisory committee member who participates in a public meeting or workshop by communications media technology is deemed to be present at the meeting or workshop. The use of communications media technology must allow for all persons attending the meeting or workshop to audibly communicate as if the person is physically present.

(b) The notice for a public meeting or workshop must state whether the meeting or workshop will be conducted using communications media technology, how an interested person may participate, and the location of facilities where communications media technology will be available during the meeting or workshop.

History.—s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353; s. 2, ch. 2012-25; s. 1, ch. 2024-17.

F.S. 286.011 on Google Scholar

F.S. 286.011 on Casetext

Amendments to 286.011

Arrestable Offenses / Crimes under Fla. Stat. 286.011

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

S286.011 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9777 - M: S

S286.011 3b - PUBLIC ORDER CRIMES - PUBLIC MEETING LAW VIOLATION - M: S

S286.011 3c - PUBLIC ORDER CRIMES - CONDUCT OUT OF STATE PUBLIC MEETING LAW VIOL - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 286.011

Total Results: 20

Florida Citizens' Alliance, Inc. v. School Board of Indian River County

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: be heard before taking official action. See § 286.011(1), Fla. Stat. (2016). The Sunshine Law also requires

Rick Moeller v. Southeast Florida Behavorial Health Network, Inc, Ann Berner, and Lindsay Slatter-Cerny

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: committees are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution

JONATHAN KIERNAN GODWIN v. STEPHEN MICHELINI

Court: District Court of Appeal of Florida | Date Filed: 2023-09-06

Snippet: seeks certiorari review of 1 Section 286.011, Florida Statutes, is "commonly known as the

CYNTHIA BURTON vs CRAIG OATES, AS CHAIR OF THE RECALL COMMITTEE

Court: District Court of Appeal of Florida | Date Filed: 2023-06-12

Snippet: Florida’s “Sunshine Law,” codified at section 286.011, Florida Statutes (2020). Subsection (1) of this

DAMIEN HERMAN GILLIAMS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: convicted of three counts of violating section 286.011, Florida Statutes (2019), commonly referred to

PAMELA PARRIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: and Gilliams were charged with violating section 286.011, Florida Statutes (2019), commonly referred to

MICHAEL E. JACKSON v. CITY OF SOUTH BAY, FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: Responsible Gov’t, 48 So. 3d at 761. Section 286.011(2), Florida Statutes (2021), states: “The minutes

MICHAEL DAVID TESTA, Individually and as Trustee of the M. DAVID TESTA REVOCABLE LIVING TRUST, DATED OCTOBER 25, 2017 v. TOWN OF JUPITER ISLAND

Court: District Court of Appeal of Florida | Date Filed: 2023-02-08

Snippet: hours or as otherwise permitted by section 286.011[,] Florida Statutes[,] if unable to reach a proposed

CITY OF MIAMI v. ANDRES ARMANDO BLANCO

Court: District Court of Appeal of Florida | Date Filed: 2022-04-13

Snippet: communications with the requirements of section 286.011(8), the trial court was led astray by the parties’

Antoine Salameh, D.C. v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2021-09-29

Snippet: “[a]ll proceedings of the panel are exempt from s. 286.011 until 10 days after probable cause has been found

FLORIDA CITIZENS ALLIANCE, INC. v. THE SCHOOL BOARD OF COLLIER COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2021-09-10

Snippet: alleged violations of the Sunshine Law, section 286.011, Florida Statutes (2016), in the selection of

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: governmental board and its attorney pursuant to section 286.011(8) to discuss settlement and litigation strategy

PAM HATFIELD v. NORTH BROWARD HOSPITAL DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2019-05-01

Snippet: before a grand jury in September 2017. 1 § 286.011, Fla. Stat. At the time, Hatfield’s direct supervisor

Cancino v. Cancino

Court: District Court of Appeal of Florida | Date Filed: 2019-02-13

Citation: 273 So. 3d 122

Snippet: See Wilcoxon, 132 So. 3d at 286. 11 or ‘intent’ of the trial court’s

Margo Dettelbach v. Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2018-12-10

Citation: 261 So. 3d 676

Snippet: considered confidential under the guidelines of Section 286.011(8), F.S. have not been included as that information

TRANSPARENCY FOR FLORIDA, INC. v. CITY OF PORT ST. LUCIE

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 240 So. 3d 780

Snippet: public . . . . The Sunshine Law, section 286.011(1), Florida Statutes (2012), states: All

CITY OF ST. PETERSBURG v. BRUCE WRIGHT

Court: District Court of Appeal of Florida | Date Filed: 2018-02-14

Citation: 241 So. 3d 903

Snippet: Florida's Government in the Sunshine Law, section 286.011 (2012). On Wright's motion for summary judgment

SCHOOL BOARD OF INDIAN RIVER CO. v. SOMERSET ACADEMY, INC. AND SOMERSET ACADEMY MIDDLE SCHOOL, ETC.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-04

Snippet: arguments advanced by Somerset in in its briefs. See § 286.011(1), Fla. Stat. (2015); § 1002.33(6)(c), Fla. Stat

Carlson v. State, Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 2017-09-29

Citation: 227 So. 3d 1261

Snippet: commissions, state agencies, and the like. See § 286.011, Fla. Stat. (2017)1; see also Art. I, § 23, Fla

National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official capacity as Commissioner of the Florida Office of Insurance Regulation v. James F. Fee Jr., Individually

Court: District Court of Appeal of Florida | Date Filed: 2017-05-09

Citation: 219 So. 3d 172, 2017 WL 1908370, 2017 Fla. App. LEXIS 6518

Snippet: that (1) NCCI violated the Sunshine Law, section 286.011, Florida Statutes (2016), by failing to provide