CopyCited 212 times | Published | Supreme Court of Florida | 1969 Fla. LEXIS 2268
...Shankweiler, of Patterson, Maloney & Frazier, Fort Lauderdale, for appellant. Daniel Neal Heller and Tobias Simon and Beverly Gurevitz, Miami, for appellee. ADKINS, Justice. This is a direct appeal from a final judgment of the Circuit Court of Broward County, Florida, declaring Fla. Stat., § 286.011, F.S.A....
...luded other than the press from these conference meetings at all times, except on express invitation by the board to members of the public other than the press." The Court, after discussing the law, declared Ch. 67-356, Laws of Fla., now Fla. Stat., § 286.011, F.S.A., to be a valid and constitutional law....
...e taken or agreement be made that could officially bind the municipal corporation, or the individual members of the council, and hence such a gathering would not constitute a `meeting' of the council." (Emphasis added.) Subsection (1) of Fla. Stat., § 286.011 (F.S.A.), the Sunshine Law under consideration, provides as follows: "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 any political subdivision,...
...The fact that a statute embracing the matter of open meetings for certain boards and commissions also contains provisions for criminal penalties and an injunction by application of citizens does not make the act unconstitutional. Subsection (3) of Fla. Stat., § 286.011, F.S.A., provides that any person who violates the provisions of the act "by attending a meeting not held in accordance with the provisions hereof," is guilty of a misdemeanor....
...The final judgment, inter alia, enjoins the defendant from the holding of any meeting or conference session, "* * * at which are held any discussions on current, or foreseeably so, matters, not privileged, pertaining to the duties and responsibilities of the Board of Public Instruction of Broward County." Fla. Stat., § 286.011 (F.S.A.) contains no exception....
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CopyCited 174 times | Published | Supreme Court of Florida
...Town of Palm Beach,
279 So.2d 353), which is accompanied by a certificate of the District Court of Appeal that its decision has passed upon a question of great public interest, to-wit: "Whether a zoning ordinance adopted by zoning authorities and the Town Council after public hearings is rendered invalid under the §
286.011, F.S....
...itution, 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, regulation or formal action shall be considered binding except as taken or made at such meeting." Fla. Stat. § 286.011, F.S.A....
...ions of the government in the sunshine law. Cases from other jurisdictions dealing with the scope of similar statutes compel the conclusion that bodies such as the Palm Beach Planning Committee selected by the Town Council are governed by Fla. Stat. § 286.011, F.S.A....
...Although a criminal prosecution requires proof of scienter (Board of Public Instruction of Broward County v. Doran,
224 So.2d 693, 699 (Fla. 1969)), an unintended violation of the government in the *478 sunshine law will negate any action taken by the Town Council. Fla. Stat. §
286.011, F.S.A....
...It suffices here to say that mere absence of bad faith or other impropriety on the part of the public body should not ordinarily move the court to stay its hand in voiding official action taken contrary to the statute upon proper application therefor. " (Emphasis supplied.) (pp. 308-309) Fla. Stat. § 286.011(1), F.S.A., specifically provides that "no resolution, rule, regulation or formal action shall be considered binding" where the government in the sunshine law is violated....
...The plan finally proposed by the consultants was adopted, with some modifications, by the Zoning Commission and Town Council, following public meetings and discussion. The adoption of the plan was accordingly carried out "in the sunshine." The controlling statutory law in this case is, of course, Fla. Stat. § 286.011 F.S.A., which provides: "(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 any political subdivision, except as otherwise provided in the cons...
...mplained of did not fall within the purview of the Sunshine Law. The district court of appeal reversed the trial court's finding, reasoning that the Town Council should not be able to do by proxy that which it is forbidden to do itself by Fla. Stat. § 286.011, F.S.A., suggesting that the Planning Committee had de facto authority to act on behalf of the Town Council, so that it must stand in the shoes of the Council in regard to the Government in the Sunshine Law....
...1969)), or city councils (City of Miami Beach v. Berns,
245 So.2d 38 (Fla. 1971)), must be in the "Sunshine," reasoning: "A secret meeting occurs when public officials meet at a time and place to avoid being seen or heard by the public. When at such meetings officials mentioned in Fla. Stat. §
286.011, F.S.A., *481 transact or agree to transact public business at a future time in a certain manner they violate the government in the sunshine law, regardless of whether the meeting is formal or informal." City of Miami Beach v....
...However, both cases involved meetings of officials mentioned in the statute, to-wit: "[A]ny board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or any political subdivision, except as otherwise provided in the constitution." Fla. Stat. § 286.011(1), F.S.A....
...or commission." These were solely private citizens, unsalaried volunteers. In my view, the language of the statute mandates that the fact that a purely advisory group of private citizens did not hold public meetings, is not a violation of Fla. Stat. § 286.011, F.S.A., such as to void official action later taken in the "Sunshine" by the Zoning Commission over a period of five days of public hearings and debate and thereafter, by the City Council, after six days of public hearings at which the only decisions were made....
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Cited "but see"Ago (1976)phrase: "but see"
CopyCited 158 times | Published | Florida 2nd District Court of Appeal | 1969 Fla. App. LEXIS 5837
...Turnbull and Arthur C. Canaday, Asst. Attys. Gen., Tallahassee, amici curiae. LILES, Chief Judge. The 1967 session of the Florida Legislature enacted Chapter 67-356, Laws of Florida, 1967, [1] which became effective July 1, 1967, and appears in Florida Statutes as § 286.011, F.S.A....
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Cited (see also)Ago (2010)phrase: "see also"
CopyCited 147 times | Published | Supreme Court of Florida
...Fla. Const. art. V § 4(2), F.S.A.; City of Miami Beach v. Berns,
231 So.2d 847 (Fla.App.3rd 1970). The question presented by the petitioners reads as follows: "Whether the Third District Court of Appeal erred in holding that the provisions of F.S.A.
286.011, rather than the provisions of F.S.A....
...ormal executive sessions at which the public is excluded for the discussion of condemnation matters, personnel matters, pending litigation or any other matter relating to city government." We must first determine whether the provisions of Fla. Stat. § 286.011, F.S.A., supersedes or repeals Fla....
...invalidate action taken at a closed session In Turk v. Richard,
47 So.2d 543 (Fla. 1950), this Court held that the "open meeting" requirement applied only when the municipal council was assembled in a formal session attended by a quorum. Fla. Stat. §
286.011, F.S.A., reads in part: "
286.011, Public meetings and records; public inspection; 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 any political subdivision except as...
...Conviction carries a fine up to five hundred dollars and a jail sentence up to six months, or both. No action shall be considered as binding unless taken at a public meeting as prescribed by the statute. In Board of Public Instruction of Broward County v. Doran,
224 So.2d 693 (Fla.1969), we held that Fla. Stat. §
286.011, F.S.A., was applicable to a county board of public instruction and was not limited to formal meetings....
...State,
203 So.2d 173 (Fla.App.2nd, 1967). The intent of the act as reflected by its language and legislative setting is absorbed into and becomes a part of the law itself. Pillans & Smith Co. v. Lowe,
117 Fla. 249,
157 So. 649 (1934). It appears to us that in enacting Fla. Stat. §
286.011, F.S.A., the Legislature intended a general revision of the law applicable to open meetings of public agencies. In such a situation a later statute operates as a substitute for or repeal of an earlier one. We therefore hold that Fla. Stat. §
286.011, F.S.A., supersedes and repeals Fla....
...The next question to be determined is whether a city council can hold informal executive sessions at which the public is excluded for the discussion of condemnation matters, personnel matters, pending litigation or any other matter relating to city government. The Government in the Sunshine Law, Fla. Stat. § 286.011, F.S.A., was enacted in 1967....
...any meeting or conference session, "`* * * at which are held any discussions on current, or foreseeably *41 so, matters not privileged, pertaining to the duties and responsibilities of the Board of Public Instruction of Broward County.' "Fla. Stat., § 286.011 (F.S.A.) contains no exception....
...Therefore, this portion of the final judgment is amended so as to read as follows: "`* * * at which are held any discussions on matters pertaining to the duties and responsibilities of the Board of Public Instruction of Broward County.'" (p. 700) Whether Fla. Stat. § 286.011, F.S.A., should authorize secret meetings for privileged matter is the concern of the Florida Legislature and unless the Legislature amends Fla. Stat. § 286.011, F.S.A., it should be construed as containing no exceptions. A secret meeting occurs when public officials meet at a time and place to avoid being seen or heard by the public. When at such meetings officials mentioned in Fla. Stat. § 286.011, F.S.A., transact or agree to transact public business at a future time in a certain manner they violate the government in the sunshine law, regardless of whether the meeting is formal or informal....
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CopyCited 86 times | Published | Florida 1st District Court of Appeal
...rus, tobacco, cattle, poultry and other agricultural and business enterprises, and the injunction remedy is plainly in lieu of other administrative remedies that may be available. [9] The public records act, Chapter 119, and the public meetings act, Section 286.011, plainly authorize suits for injunction in circuit courts in lieu of administrative remedies....
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CopyCited 98 times | Published | Supreme Court of Florida
...trict Court of Appeal, Second District, in Times Publishing Co. v. Williams, Fla.App.,
222 So.2d 470. We have jurisdiction. Sunad, Inc. v. City of Sarasota, Fla.,
122 So.2d 611. Petitioner contends that the Government in the Sunshine Law, Fla. Stat. §
286.011, F.S.A., was violated by the School Board when it recessed a hearing to reach a decision....
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CopyCited 82 times | Published | Supreme Court of Florida | 15 Educ. L. Rep. 616
...Carlson,
410 So.2d 546 (Fla. 2d DCA 1982); Krause v. Reno,
366 So.2d 1244 (Fla. 3d DCA 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision of the First District. At issue is the applicability of Florida's Sunshine Law, section
286.011, Florida Statutes (1979), to a faculty committee which seeks out and screens applicants for a university position to which the university president must make the final appointment....
...A similar pattern emerges in considering the application of the Sunshine Law to institutions of higher learning. The legislature has explicitly exempted search-and-screen committees evaluating applicants for the positions of Chancellor of the Board of Regents and presidents of community colleges from the requirements of section 286.011....
...at 1251-52. The parallel to the instant case is clear. In instructing the faculty to elect the search-and-screen committee to perform the elimination portion of the decision-making process, Marston delegated official acts to a board within the meaning of section 286.011(1)....
...*942 OVERTON, Justice, specially concurring. I concur in the majority opinion. I write this concurring opinion to emphasize that it is important for public officials to recognize that this is the first decision of this Court which construes the "board or commission" provision of section 286.011, Florida Statutes (1981), to apply to committees established by a governmental executive....
...unctions and responsibilities of any special boards, commissions, or committees they create to assist them in carrying out their responsibilities. McDONALD, Justice, dissenting. I dissent. The result reached by the district court should be approved. Section 286.011, Florida Statutes (1979), does not apply to a search committee for a dean to a state university....
...I see no express or implied finding of the legislature that a university in the State University System is a state agency or authority. Chapter 240, Florida Statutes, deals generally with postsecondary education in Florida, and it is that chapter, rather than section 286.011, that the majority depends on here....
...I recognize that the members of the State University System are subject to legislative enactments and that for budgetary purposes they are described as agencies. Nevertheless, I see no contemplation that an educational body was to be included within the purview of section 286.011....
...The majority's opinion does both. Even assuming that the state universities are state agencies or authorities, it is clear to me that search committees appointed to recommend to the president an appointee for a deanship were not intended to be subject to section 286.011....
...ng Board. These provisions express a philosophy that search committees are not subject to the Sunshine Law. I have no doubt that, had the legislature contemplated that a member of the State University System was an agency within the contemplation of section 286.011, it would have declared that search committees formed to assist a university in fulfilling its powers and duties to appoint, remove, and reassign vice presidents, academic deans, and other policy level positions reporting directly to the president would not be subject to its provisions. Why indeed would a search committee formed to find a chancellor or a college president be excluded while a search committee to find a dean be included? The specific exclusion from 286.011 obviously was not made because no one contemplated a claim that such committees would be included. Another cogent reason a search committee is not subject to section 286.011 is that it makes no official acts....
...The district court properly relied on the "staff exception" in reaching its decision. Occidental Chemical Co. v. Mayo,
351 So.2d 336 (Fla. 1977); Bennett v. Warden,
333 So.2d 97 (Fla. 2d DCA 1976). Finding the faculty search committee not subject to subsection
286.011(1) is a commonsense construction of that statute which will only serve to further the free exercise of academic and intellectual freedom....
...w because article III, section 1(b) of the Rules of the Supreme Court Relating to Admissions to the Bar requires that to be eligible for admission to The Florida Bar one must have graduated from a school accredited either by the AALS or the ABA. [2] 286.011 Public meetings and records; public inspection; penalties....
...onable award for fees and costs of representing appellees before the district court. [*] § 240.227, Fla. Stat. (1979), sets out the powers and duties of the universities, one of which, § 240.227(5), is involved here. If paragraph (5) is subject to § 286.011, it would seem that the activities prescribed in the other 25 paragraphs of § 240.227 would also have to be conducted in the sunshine.
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Cited "but see"Ago (2004)phrase: "but see"
CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 26376
...for Orange County) (complaint filed January 5, 1981). McCoy claimed, among other things, that the airline agreements violated the Florida constitution, by delegating state authority to private parties, and the Florida government in the sunshine law, Fla.Stat.Ann. § 286.011 (West 1975)....
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CopyCited 74 times | Published | Florida 3rd District Court of Appeal
...Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ. *289 HAVERFIELD, Judge. These consolidated causes grow out of a final summary judgment issued by Circuit Court Judge Thomas A. Testa in a case involving alleged violations of the Florida Government in the Sunshine Law, F.S. § 286.011, F.S.A. The first, an appeal by J. Robert Hough, Martin D. Kahn, Arthur Wilde and the City of North Miami, involves alleged violations of Florida Statute 286.011 by these members of the North Miami City Council....
...was elected to the office of Mayor and Arthur Wilde and Michael Colodny were elected to the office of councilman. Plaintiff, John Stembridge, in his petition for injunction, alleged that following this election several violations of Florida Statute 286.011 had occurred on various occasions and in particular: (1) on may 19, 1971 in Robert Hough's home at a meeting at which in attendance were Hough, Wilde, Colodny, Martin Kahn [1] and several other individuals, and (2) on June 1, 1971 with no notice having been given nor agenda having been published at a meeting of all the North Miami councilmen with E. May Avil, the City Clerk and Acting City Manager. In order for there to be a violation of F.S. § 286.011, F.S.A., a meeting between two or more public officials must take place which is violative of the statute's spirit, intent, and purpose....
...Doran, Fla. 1969,
224 So.2d 693 and Canney v. Board of Public Instruction of Alachua County, Fla. 1973,
278 So.2d 260 (1973). Appellants contend that the trial court erred in holding that the meeting of May 19, 1971 came within the ambit of Florida Statute
286.011 in that this gathering was not a meeting of members of a governing body....
...In support of their contention they argue that Arthur Wilde and Michael Colodny were councilmen-elect on May 19, 1971 and only J. Robert Hough, Jr. was undisputedly a member of the council, as Group 2 Councilman. Thus, Mr. Hough was the only individual whose conduct was meant to be within the purview of F.S. § 286.011 and, therefore, there was no assemblage of a board or commission....
...uss matters on which foreseeable action may be taken by that board or commission in clear violation of the purpose, intent, and spirit of the Government in the Sunshine Law. We find the position untenable to hold on the one hand that Florida Statute 286.011 is applicable to elected board or commission members who have been officially sworn in and on the other hand inapplicable to members-elect who as yet merely have not taken the oath of public office....
...Therefore, we are in agreement with the court's granting the injunction [2] prayed for by the plaintiff insofar as that injunction (to be discussed at some length hereafter) enjoins the defendants from so meeting without notice to the public in violation of Florida Statute 286.011. The judgment entered by the trial court contained four ordered provisions. First, the court ruled that any action taken by the council as a result of discussions at meetings held on May 19, 1971 and June 1, 1971 were in violation of § 286.011 Fla. Stat., F.S.A., the Sunshine Law. Second, it was held that legislation enacted as a result of said improper meetings could be made effective by the city council if subsequently re-enacted or ratified at a public meeting held pursuant to § 286.011....
...out reasonable notice to the public and to take action on a matter which had not been placed on an agenda. The agenda plots the orderly conduct of business to be taken up at a noticed public meeting as provided for by city charter or ordinance. F.S. § 286.011 does not embody this subject matter nor does it contemplate *291 the necessity for each item to be placed on the agenda before it can be considered by a public noticed meeting of a governmental body....
...based thereon is without merit. The second feature of the challenged injunction deals with the question as to the necessity for reasonable notice for governmental meetings to be given to the public as a requirement of the Sunshine Law. Although F.S. § 286.011, F.S.A....
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CopyCited 59 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 59
...V, § 3(b)(4), Fla. Const. The state attorney and the Miami Herald sought a declaratory judgment that a proposed meeting between the city council and its attorney to discuss pending litigation was subject to the open meeting provisions of the Sunshine Law, section
286.011, Florida Statutes (1981). Relying on Bassett v. Braddock,
262 So.2d 425 (Fla. 1972), the trial court concluded that the proposed meeting was neither official nor formal action under section
286.011 and, thus, there was no requirement that the meeting be open to the public....
...e Sunshine Law. The district court also rejected the argument that the attorney-client privilege provisions of the Florida Evidence Code, section
90.502, Florida Statutes (1981), granted an exception for closed meetings because, in the court's view, section
286.011(1) limited exceptions to the Sunshine Law to those created by the constitution....
...If it had so intended, HB 1107 would have been a pointless act. In construing legislation, courts should not assume that the legislature acted pointlessly. Sharer v. Hotel Corp. of America,
144 So.2d 813, 817 (Fla. 1962). Petitioners next urge, alternatively, that reading section
286.011 to deny them a right to private meetings with their attorney places section
286.011 in conflict with Florida Bar Code of Professional Responsibility, Disciplinary Rule 4-101 and Ethical Consideration 4-2, and infringes on the constitutional authority of this Court under article V, section 15, Florida Constitution to regulate the practice of law....
...s occur in a public meeting. Finally, the attorney/client privilege belongs to the client, not the attorney. The legislature has plenary constitutional authority to regulate the activities of political subdivisions and can require, as it has done in section 286.011, that meetings be open to the public....
...e the political process function. On this point, petitioners' arguments go beyond the issue here of consultations with attorneys on pending litigation to ask that we recede completely from Doran and Berns. Essentially, petitioners would have us read section 286.011 narrowly and hold that it applies only to the climatic meetings where official actions and acts are approved by the governing body....
...One can argue and reargue whether the broad reading of the Sunshine Law in Doran and its progeny is politically wise. [*] The fact remains *826 that Doran was rendered fifteen years ago and placed the legislature and all concerned on notice of our broad reading of section 286.011. Doran has not been overruled by amendment to section 286.011 and petitioners have not presented a persuasive argument that we should overturn countless decisions broadly reading section 286.011....
...OVERTON, J., concurs specially with an opinion, in which EHRLICH, J., concurs. McDONALD, J., dissents with an opinion, in which ALDERMAN, J., concurs. OVERTON, Justice, concurring specially. I concur specially to emphasize that we are construing the Sunshine Law, section 286.011, Florida Statutes (1981), as it applies to meetings of boards, commissions, or authorities of counties, municipalities, and political subdivisions of this state where official acts are taken....
...executive officers. See Wood v. Marston,
442 So.2d 934 (Fla. 1983); Occidental Chemical Co. v. Mayo,
351 So.2d 336 (Fla. 1977); Bennett v. Warden,
333 So.2d 97 (Fla. 2d DCA 1976). See also Wood v. Marston,
442 So.2d at 942 (Overton, J., concurring). Section
286.011 does not apply to executive officers and there is no violation of the Sunshine Law, as it is presently written, when a conference occurs between an attorney and a government executive, e.g., the governor, a county or city manager, a m...
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CopyCited 45 times | Published | Supreme Court of Florida | 14 A.L.R. 4th 82, 5 Media L. Rep. (BNA) 1039, 1979 Fla. LEXIS 4641
...the National Conference on State Courts, Williamsburg, Virginia, March 20, 1978, at 17. [58] Griswold v. Connecticut,
381 U.S. 479,
85 S.Ct. 1678,
14 L.Ed.2d 510 (1965). [59] See, e.g., ch. 119, Fla. Stat. (1977) (inspection of public records law); §
286.011, Fla....
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CopyCited 56 times | Published | Florida 3rd District Court of Appeal | 4 Media L. Rep. (BNA) 2102
...ctive relief against appellants seeking, among other things, to have the trial court declare that any meeting held by appellants to assist the City Manager of the City of Miami in choosing a new police chief was subject to the provisions of Sections
286.011 and
286.012, Florida Statutes (1977), and to permanently enjoin appellants from meeting unless the provisions of Section
286.011 were met, i.e., basically, that any such meeting be open to the public....
...nts are before the Court. "The uncontroverted and stipulated facts are as follows: "1. This is an action for declaratory judgment pursuant to Chapter 86, Florida Statutes, and for a temporary and permanent injunction pursuant to Sections
286.012 and
286.011, Florida Statutes, and the Florida Rules of Civil Procedure, § 1.610....
...etermine the intent of the legislature as it applies to the present case. "The 1967 Session of the Florida Legislature enacted Chapter 67-356, Laws of Florida 1967 which became effective July 1, 1967, and appears in the Florida Statutes as paragraph 286.011, it has appropriately been labeled Florida's `Government In The Sunshine Law'....
...the point of reducing the number of applicants to four or five which they would then recommend to the City Manager and which would constitute an official act on their part, brings them, in the judgment of this Court, clearly within the provision of Section 286.011 of the Florida Statutes....
...ic inspection. "3. The prayer of the Plaintiffs that a declaratory decree declaring that any duly appointed board or committee of the City of Miami which takes official acts or is a step in any official decision-making process is subject to Sections
286.011 and
286.012 of the Florida Statutes be and the same is hereby denied....
...Until such time as we have the benefit of further appellate review or legislative modification, each situation which has not previously been resolved by prior judicial decision will have to be reviewed on its merit, however, if there is any doubt as to whether such board or committee is governed by Section
286.011 of the Florida Statutes, the members of any such board, agency, authority or commission should follow the open-meeting policy of this state. "4. That the defendants and any replacements or substitutions appointed in addition to or in substitution of any or either of them are subject to the government in the Sunshine Law and subject to Sections
286.011 and
286.012 of the Florida Statutes....
...issued to force an advisory group or committee selected by the City Manager, which committee serves under the Manager's direction for the purpose of assisting him in the discharge of a purely administrative duty, to meet within the contemplation of Section 286.011, Florida Statutes (1977) ["Government in the Sunshine Law"]; (2) the City Manager and advisory groups or committees *1250 appointed by him for assistance are not agencies, boards, or commissions within the contemplation of Section 286.011; and (3) the Legislature did not intend for Section 286.011 to be extended to administrative deliberative processes which culminate in the completion of a purely administrative act. Section 286.011, Florida Statutes (1977), provides: "(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 any political subdivision, except as otherwise pro...
...the instant case; however, even in light of the clear legislative intent in interpreting our Sunshine Law and these attendant interests, this does not answer the primary issue in this appeal, i.e., whether the citizens group meetings were covered by Section 286.011. Based upon the stipulated facts in this cause and upon the points raised by appellants on appeal, two critical questions present themselves for our determination of whether Section 286.011 is applicable as found by the trial court. For purposes of our discussion, we can summarize these two questions as follows: (1) whether the advisory group was a "board" within the meaning of Section 286.011, and (2) whether when the City Manager opted to utilize the advisory group he placed himself within the definition of "agency" as that term is used in Section 286.011....
...*1252 in fact, he did. Thus, in this case, the advisory group was an integral part of the decision-making process. In our opinion, once the City Manager utilized the advisory group to assist him, he created a "board" as that term was contemplated in Section 286.011. The question of whether the City Manager was an "agency" as that term is contemplated by Section 286.011 is one which, in our opinion, must also be answered in the affirmative....
...i, opted to utilize the advisory group, i.e., "board", to directly assist him in the decision-making process to select a new police chief for the City, he placed himself, under these facts, within the definition of the term "agency" as it is used in Section 286.011. Thus, once the City Manager opted to utilize the advisory board, he also opted, at least for this limited purpose, to have himself defined as an "agency" within the contemplation of Section 286.011....
...i.e., the City Commission, and thus is not subject to the Sunshine Law. We believe that this is a non sequitur; both the City Commission and City Manager are ultimately within the dominion of the Florida Legislature, the legislature contemplated by Section 286.011....
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Quote AuthorityAgo (2010) Quote AuthorityAgo (2008) CopyCited 34 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 416, 1989 Fla. LEXIS 814, 1989 WL 101534
...[5] See, e.g., §§
110.105,
110.233 (in state employment); §
112.042 (in county and municipal employment); § 229.8021 (in Dept. of Educ.); § 237.40 (in district school boards); § 240.364 (in community colleges); §§
258.015,
267.17 (in citizen support organizations); §
286.011 (in public meetings); §§ 395.031-395.032 (in trauma centers); §§
509.092,
509.141, and
509.142 (in public lodging and restaurants); §
513.118 (in RV parks); §
562.51 (in bars); §
641.3102 (in HMOs); chapter 760 (in housing); §
760.10 (in employment); § 849.093 (in public games); §
871.04 (in advertising)....
0 red0 yellow47 green0 procedural
CopyCited 32 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 52, 27 Media L. Rep. (BNA) 1353, 1999 Fla. LEXIS 48, 1999 WL 20562
...[16] Rather, the open meetings provision in section 24(b) designates "any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district or special district" as subject to the open meetings requirement. Likewise, in section 286.011(1), Florida Statutes (1993), the Sunshine Law designates "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision" as subject to the open meetings requirement. In construing section 286.011 in City of Miami Beach v....
...We do not find it necessary to reach that issue in this case. Rather, we simply find that the Authority's delegation of the performance of its public purpose to West Volusia, Inc. is similar to the delegation of official acts by Marston that caused the search and screening committee in Wood to come within section 286.011, Florida Statutes (1979)....
...s a public hospital or other public health care facility are confidential and exempt from the provisions of s.
119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private corporation are exempt from s.
286.011 and s....
...(3) Except as otherwise provided by law, the private lessee is not allowed to participate, except as a member of the public, in the decisionmaking process of the public lessor. (4) The lease agreement does not expressly require the lessee to comply with the requirements of s.
119.07(1) and s.
286.011....
...The records of a private corporation that leases a public hospital or other public health care facility are confidential and exempt from the provisions of s.
119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private corporation are exempt from s.
286.011 and s....
...(3) Except as otherwise provided by law, the private lessee is not allowed to participate, except as a member of the public, in the decisionmaking process of the public lessor. (4) The lease agreement does not expressly require the lessee to comply with the requirements of s.
119.07(1) and s.
286.011....
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CopyCited 35 times | Published | Florida 2nd District Court of Appeal | 92 L.R.R.M. (BNA) 3615
...The judgment appealed from should be, and it is hereby reversed; and the cause is remanded with directions that the injunction issued herein be vacated and set aside and that appellee's complaint be dismissed with prejudice. GRIMES and SCHEB, JJ., concur. NOTES [1] Section 286.011, F.S....
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Cited "but see"Ago (1985)phrase: "but see"
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 30783
under the Florida “Sunshine Law,” Fla.Stat.Ann. § 286.-011 commissioners may only discuss official business
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CopyCited 26 times | Published | Supreme Court of Florida
...We have for review the decision of the District Court of Appeal, First District, in Tolar v. School Board of Liberty County,
363 So.2d 144 (Fla. 1st DCA 1978), which allegedly conflicts with Town of Palm Beach v. Gradison,
296 So.2d 473 (Fla. 1974). The issue before us is whether section
286.011(1), Florida Statutes (1975), commonly known as the "Sunshine Law," requires that otherwise proper formal action of a public body be invalidated because the subject matter of that formal public action was discussed at a prior unannounced meeting....
...On January 4, 1977, at an open formal meeting, the School Board members voted to abolish the position of director of administration and to transfer Tolar to Bristol Elementary School. At this open meeting, Tolar was present and given full opportunity to express his views. Tolar then sought injunctive relief pursuant to section 286.011(2), seeking to have the School Board's final action set aside as void because, he alleged, it violated the sunshine law....
...olish the position of director of administration by voice vote at a public meeting. Tolar was given both notice of the meeting and an opportunity to express his views prior to the vote." Tolar v. The School Board of Liberty County,
363 So.2d at 146. Section
286.011 provides that the meetings of the Board at which official acts are to be taken must be public....
...by the Board. Board of Public Instruction v. Doran,
224 So.2d 693 (Fla. 1969). We agree with the district court that the discussions between the superintendent-elect and the Board members at her home and the home of a board member were violative of section
286.011. By the express terms of section
286.011, any resolution, rule, regulation, or formal action taken at these secret meetings would not be binding....
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CopyCited 28 times | Published | Supreme Court of Florida | 2000 WL 1354234
...an agreement absent formal resolution. First, we determine that an approval absent formal resolution must be made in compliance with Florida's Sunshine Law, which is of both constitutional and statutory dimension. See art. I, § 24(b), Fla. Const.; § 286.011(1), Fla. Stat. (1999). Under the Sunshine Law, any meeting at which official acts are to be taken must be open to the public, and no "resolution, rule or formal action shall be considered binding except as taken or made at such meeting." § 286.011(1), Fla....
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CopyCited 43 times | Published | Florida 4th District Court of Appeal
...of Boca Raton. MAGER, Judge. These several appeals and cross-appeals have been consolidated because they all involve the identical issue, i.e., whether the Comprehensive Zoning Plan and Ordinance of the Town of Palm Beach was enacted in violation of Section 286.011, F.S., commonly known as the "Government in the Sunshine Law"....
...Citizens' Planning Committee were in violation of the Government in the Sunshine Law; stated alternatively, appellants contend that the Government in the Sunshine Law applies to the Citizens' Planning Committee. The Government in the Sunshine Law, F.S. 286.011, F.S.A., provides, in part, as follows: "286.011 Public meetings and records; public inspection; penalties....
...inion filed May 30, 1973, is certified to the Supreme Court of Florida as a question of great public interest, to wit; "Whether a zoning ordinance adopted by zoning authorities and the Town Council after public hearings is rendered invalid under the § 286.011, F.S....
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Cited (see also)Ago (2006)phrase: "see also"
Cited (see also)Ago (1980)phrase: "see also"
CopyCited 27 times | Published | Supreme Court of Florida | 1977 WL 365309
...award order which allocates the rate increase among Florida Power's classes of customers. [1] Occidental asks, alternatively, that we invalidate the Commission's entire decision because it was made in violation of Florida's so-called "Sunshine Law", Section 286.011, Florida Statutes (1975)....
...The order contains a succinct and sufficient statement of the ultimate facts upon which the Commission relied, including commentary expressly directed to Occidental's contentions. Finally, we are asked to hold that the Commission violated the Sunshine Law in reaching its decision in this case. [7] Section 286.011(1), Florida Statutes (1975), requires public meetings whenever the Commission takes "official acts", and it invalidates "formal action" taken in private....
...For these reasons, the petition for the writ of certiorari is denied. OVERTON, C.J., and SUNDBERG and HATCHETT, JJ., concur. ADKINS, J., dissents with an opinion. BOYD, J., dissents. ADKINS, Justice, dissenting. I dissent from that portion of the decision relating to Section 286.011, Florida Statutes....
...various phases of rate-making and revenue requirements. Nevertheless, I find that the Commission's decision was crystallized upon completion of the proposed order by the staff, shielded from the "sunshine" to which the law required it to be exposed. Section 286.011, Florida Statutes....
...Merely showing that the government in the sunshine law has been violated constitutes an irreparable public injury. Town of Palm Beach v. Gradison, supra, at 477; Times Publishing Co. v. Williams,
222 So.2d 470 (Fla. 2d DCA 1969). Accordingly, Order No. 6794 of the Commission should be declared void for failure to comply with Section
286.011, Florida Statutes, and this case should be remanded to the Commission for further proceedings....
...Were we to disregard these findings, the Commission's order would still be supported by adequate findings. [7] The fact that the Commission's decision-making process has been characterized as quasi-judicial does not exempt it from the statute. See Canney v. Board of Pub. Instr.,
278 So.2d 260 (Fla. 1973). [8] §
286.011(1), Fla....
...1974), condemning pre-meeting agreements which have the effect of rendering later meetings a "ceremonial sham". [11] The Court's ability to review this issue in a certiorari proceeding, unlike its ability to review issues in a criminal proceeding under § 286.011(3) or a declaratory judgment action, is limited....
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CopyCited 25 times | Published | Florida 4th District Court of Appeal | 1998 WL 842779
...rein the City discussed its participation as a creditor in pending litigation in the bankruptcy proceedings brought by Piper Aircraft Corporation ("Piper"). The trial court held that the City was authorized to conduct such closed-door meetings under section 286.011(8), Florida Statutes (1995), and that any violations which may have occurred were cured through the City's open-door meeting held on June 21,1995....
...hat all materials and transcripts be immediately made available to the public. June 21, 1995 Public Meeting On May 26, 1995, Zorc filed suit against the City seeking declaratory and injunctive relief claiming that the City violated the Sunshine Law, section 286.011(8), by holding a closed attorney-client session at the May 9, 1995 meeting....
...As such, Florida requires governmental entities to conduct their business at open, public meetings, "in the sunshine." Any meeting in which official acts are to be taken are to be open to the public, and no "resolution, rule or formal action shall be considered binding except as taken or made at such meeting." § 286.011(1), Fla.Stat....
...In 1992, a constitutional amendment elevated the public's right to government in the sunshine to constitutional proportions. See Monroe County,
647 So.2d at 868; Art. I, § 24(b), Fla. Const. The language in Article I, Section 24(b) of the Florida Constitution is virtually identical to that of section
286.011(1), Florida Statutes. In 1993, an exemption to the Sunshine Law was created, enabling a governmental entity to meet privately with its attorney provided that certain conditions are met. Section
286.011(8), Florida Statutes (1995) provides as follows: (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 politi...
...Presence of unauthorized persons at closed meeting Zorc claims that unauthorized persons were in attendance at the City Council closed-door meetings held March 6, 1995, April 4, 1995 and May 9, 1995 in violation of the Sunshine Laws. We agree in part, and find that the City violated section 286.011(8), Florida Statutes, by allowing certain persons to attend the closed attorney-client sessions....
...attend a closed meeting on litigation strategy between the city's governing board and its attorney. See id. at 100-101; Op. Att'y Gen. Fla. 95-06 (1995). In concluding that the exemption should be construed narrowly, the Attorney General noted that: Section 286.011(8), Florida Statutes, by its terms, is not expansive but is limited to particular individuals who are, in their official capacity, authorized to discuss particular limited subjects, i.e., litigation strategy or settlement negotiations....
...construed as excluding from its operation all things not expressly mentioned." Id. at 101. In reviewing the propriety of those persons in attendance at the closed meetings, we find that the attendance of Special Counsel falls within the exemption of section 286.011(8). Section 286.011(8) authorizes a government entity to meet in private with the entity's attorney to discuss pending litigation....
...5th DCA 1995), the Fifth District held that the failure of the mayor to disclose the names of lawyers from the City Attorney's office and lawyers from a specially retained out-of-town law firm participating in a closed attorney-client session violated subsection 286.011(8)(d). Under the holding in Dunnellon, the City was in compliance with the section 286.011(8)(d), since the names of Special Counsel retained by the City were announced prior to the meeting....
...all give notice of all City meetings to the Councilmen and the public as required by law and shall attend all such meetings in person or by designee and shall keep minutes of the proceedings." See Vero Beach, Fla., Ordinance § 3.05 (1982). However, section 286.011(8)(c) provides for all closed attorneyclient meetings to be recorded by a certified court reporter, thereby negating the need for the City Clerk to attend such meetings. Clearly, any conflict between the City Charter and section 286.011(8) is negated under Article VIII, Section 2(b) of the Florida Constitution which provides that municipalities may exercise any power for municipal purposes except as provided by law....
...5th DCA 1991), approved,
614 So.2d 468 (Fla. 1993). As to the remaining attendees, while the City acknowledges the Duval County decision, it nevertheless claims that the remaining attendees fall under the expansive title of Chief Administrative Officer and Executive Officer as set forth in section
286.011(8), when read in conjunction with section
1.01, Florida Statutes....
...ess as the Superintendent and School Board members are free to meet with staff in private at any time since staff members are not subject to the Sunshine Law.
670 So.2d at 101. The same analogy applies in the instant case. Further, sections
1.01 and
286.011(8) can not be read in pari materia as suggested by the City, as it is a basis tenet of statutory construction that a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms. McKendry v. State,
641 So.2d 45, 46 (Fla.1994). The more specific statute, section
286.011(8), is considered to be an exception to the general terms of the more general statute, section
1.01....
...City Clerk, City Engineer, Airport Director and Planning Director at the April 4th meeting; and the attendance of the City Clerk and Airport Director at the May 9th meetings were in violation of the Sunshine Law. Closed-door meetings beyond scope of section 286.011(8) In order to fall within the ambit of the exemption, the City must satisfy the conditions set forth in section 286.011(8). Section 286.011(8) and subsection (b) enables a governmental entity to meet privately with its attorney to: (1) discuss pending litigation; (2) to which the entity is presently a party before a court or administrative agency; (3) provided that the en...
...nt negotiations or strategy sessions related to litigation expenditures. (emphasis supplied). We find that the City failed to satisfy conditions (3) and (4) of the statute as to the May 9th meeting only. Pending Litigation As to the first element of section 286.011(8), we find that the City's involvement in the Piper bankruptcy proceedings qualified as "pending litigation" within the meaning of the statute. Legislative history provides that section 286.011(8) was "intended to create a level playing field between the governmental agency and its adversaries." See Fla....
...tion issue. Presently a party As to the second element, we find that the City was "presently a party" to pending litigation. In Brown v. City of *900 Lauderhill,
654 So.2d 302, 303 (Fla. 4th DCA 1995), this court held that "presently" a party within section
286.011(8) "is not defined as `now,' i.e., this precise point in time....
...ed its claim, but contemplated doing so in the immediate future. Advice concerning litigation confined to settlement negotiations or strategy related to litigation expenditures As to the last two elements, we find that the City exceeded the scope of section 286.011(8)....
...parameters for the negotiations and the course of action to be pursued and that the May 9 meeting only confirmed the course of action already initiated. It maintains that no formal action was taken during the May 9 session. We reject such assertion. Section 286.011(1) provides that: All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation ......
...ability they might incur in the cleanup efforts *901 in order to forestall any problems with the City's tenants' financing efforts. This action was outside the scope of the agenda set by the City. In concluding that the City went beyond the scope of section 286.011(8), we find the statute's legislative history to be instructive: This act is not an attempt to provide a means for government to meet behind closed doors to accomplish goals out of the sunshine....
...This final course of action was taken for the sole purpose of eliminating the competing interests of its citizens from the process. As such, this action went beyond the scope of the exemption. The settlement of a case is exactly that type of final decision contemplated by the drafters of section 286.011(8) which must be voted upon in the sunshine....
...taken, thereby curing any Sunshine Law violation which may have occurred. We find that the June 21 open meeting was not an effective cure. Only after the commencement of Zorc's lawsuit filed May 26, 1995, did the City attempt to cure the violation. Section 286.011 provides that any meeting in which official acts are to be taken are to be open to the public, and no "resolution, rule or formal action shall be considered binding except as taken or made at such meeting." Under the Sunshine Law, a m...
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CopyCited 27 times | Published | Supreme Court of Florida | 80 L.R.R.M. (BNA) 2955
...c schools and not to be placed at a disadvantage in their efforts. It therefore follows that this is not in violation of the "Sunshine Law" for the Board to instruct and to consult with its labor negotiator in private without it being a violation of § 286.011....
...ublic. We have previously defined a secret meeting in the following language: "A secret meeting occurs when public officials meet at a time and place to avoid being seen or heard by the public. When at such meetings officials mentioned in Fla. Stat. § 286.011, F.S.A., transact or agree to transact public business at a future time in a certain manner they violate the government in the sunshine law, regardless of whether the meeting is formal or informal." City of Miami Beach v....
...ers were at liberty to choose a Chairman of their choice by voice vote at a public meeting. This action should not be disturbed, although it may well be argued that it is the fruit of the illegal prior action. BOYD, J., concurs. NOTES [1] Fla. Stat. § 286.011, F.S.A.: "Public meetings and records; public inspection; penalties....
...For five years the Senate held its debates behind closed doors. Believing in the liberty of the press, at the same time the members believed it right to shield their own discussions from the public and disclose only the final actions taken." [5] I Samuel 17:39-40. [6] Fla. Stat. § 286.011....
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CopyCited 30 times | Published | Supreme Court of Florida
...County of Seminole,
229 So.2d 841 (Fla. 1969). On the merits, appellants argue that a number of infirmities in the issuance process should prevent the validation of these bonds. Chief among these are alleged violations of the Florida Sunshine Law, section
286.011(1), Florida Statutes (1983)....
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Cited "but see"Ago (1985)phrase: "but see"
CopyCited 27 times | Published | Supreme Court of Florida | 10 Media L. Rep. (BNA) 2511
...the public's right of access to public records and meetings to assure governmental accountability. II. PUBLIC RIGHT TO OPEN GOVERNMENT Florida has been in the forefront of promoting open government through the broad application of our Sunshine Law, section 286.011, Florida Statutes (1983), and Public Records Act, chapter 119, Florida Statutes (1983)....
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CopyCited 24 times | Published | Florida 1st District Court of Appeal | 1996 WL 69116
...Appellants raise five issues on appeal, and, although we affirm all, we deem it necessary to address only the contention that the trial court erred in finding that the presence of staff members and a consultant at the meetings constituted a violation of the requirements of section 286.011(8), Florida Statutes (1993). Florida requires governmental entities to conduct their business at open public meetings, that is, "in the sunshine." § 286.011(1), Fla.Stat....
...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. § 286.011(8), Fla.Stat....
...exemption was restricted to documents prepared by the agency's attorney; it did not exempt any type of return communication from the governmental client to the attorney. Final Staff Analysis, at 2. As explained in the analysis, the 1993 addition to section 286.011(8) permits any governmental agency, its chief executive and attorney to meet in private if the agency is a party to litigation and the attorney desires advice concerning settlement negotiations or strategy....
...be voted upon in a public meeting. Final Staff Analysis, at 3. A recent attorney general's opinion recognized the narrow exception authorized by the 1993 amendment. The City of Destin asked the attorney general to issue an opinion concerning whether section 286.011(8) authorized consultants to attend a closed meeting on litigation strategy between the city's governing board and attorney. The attorney general answered this question in the negative, stating that section 286.011(8) did not create a blanket exception to the open meeting requirement of the Sunshine Law *101 for all meetings between a public board or commission and its attorney....
...Only discussions on pending litigation to which the public entity... is presently a party are subject to its terms. Such discussions are limited to settlement negotiations or strategy sessions related to litigation expenditures. Op. Att'y Gen. Fla. 95-06, 4 (1995) (footnotes omitted). The opinion continued that section 286.011(8), by its terms, is not expansive but is limited to particular individuals who are, in their official capacity, authorized to discuss particular limited subjects, i.e., litigation strategy or settlement negotiations....
...as excluding from its operation all things not expressly mentioned, that "a consultant may not attend a strategy session to provide technical support during a closed meeting held to discuss litigation strategy or settlement negotiations pursuant to section 286.011(8)." Id....
...liberal construction to give effect to the public purpose and to frustrate evasive devices, [2] we are unable to conclude that the attorney general's interpretation of the statute is at variance with the legislative purpose. As previously observed, section
286.011(8) does not expressly refer to either staff or consultants. See City of Dunnellon v. Aran,
662 So.2d 1026 (Fla. 5th DCA 1995) (holding that legislature intended strict construction of exception in section
286.011(8))....
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CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1988 WL 137888
...Bukey and Esther E. Galicia of George, Hartz & Lundeen, Miami, for appellant. John G. Fletcher, South Miami, for appellee-Centrust. PER CURIAM. The appellant challenges the trial court's determination that the Dade County Board of Rules and Appeals violated section 286.011, *695 Florida Statutes (1987), commonly known as the Sunshine Law....
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CitedAgo (2002)phrase: "accord"
Cited (see also)Ago (1999)phrase: "see also"
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 8 Media L. Rep. (BNA) 1364
...Ass'n, Inc. SCHOONOVER, Judge. The appellant, News-Press Publishing Co., Inc., has appealed the trial court's denial of an injunction requiring the appellees' internal budget committee and certain other committees to hold public meetings pursuant to section 286.011, Florida Statutes (1979), commonly known as the Government in the Sunshine Law....
...d by that budget, these meetings constitute official acts which are an indispensable requisite to formal action. At that point the committee must give reasonable notice to the public, meet in public, and keep minutes of their meetings as required by section 286.011, Florida Statutes (1979)....
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Cited (see also)Ago (2011)phrase: "see also"
Cited (see also)Ago (2010)phrase: "see also"
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1588
...appeals the order of the trial court denying its motion for attorney's fees and the City of Palm Bay and its city manager, Robert G. Matte, appeal the order of the trial court finding that certain activity of the City and the city manager violated Florida's Sunshine Law, section 286.011, Florida Statutes (1983)....
...interviews and then discussing with the city manager the qualifications of each candidate after the interview, so that he could decide which of the three candidates he wished to interview further on a one-to-one basis. *224 The pertinent statute is section 286.011(1), Florida Statutes (1983), which provides: (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 otherwis...
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CitedAgo (2007)phrase: "see"
CopyCited 15 times | Published | Supreme Court of Florida | 2005 WL 2509186
...The Florida Bar filed its answer and cross-petition, contending that the referee's recommended discipline was insufficient and that the Bar should be entitled to its costs. II. ANALYSIS Preliminary Motions Committe first claims that the grievance committee meeting of The Florida Bar violated section 286.011, Florida Statutes (2003), because Committe was not allowed to attend the meeting, no public notice was given, and no transcript of the meeting was recorded....
...main in effect until they are repealed." In this case, rule 3-7.1 was in effect years prior to the constitutional right to access public records and meetings. Hence, we reject Committe's argument that the Bar rules regarding confidentiality violated section 286.011(1), Florida Statutes (2003)....
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CopyCited 13 times | Published | Supreme Court of Florida
...lature occurred in violation of legislative rules and the first and fourteenth amendments to the United States Constitution; article II, section 8, Florida Constitution; article III, Florida Constitution; section 11.142, Florida Statutes (1981); and section
286.011 and
286.012, Florida Statutes (1981)....
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CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2002 WL 1430374
...denied,
735 So.2d 1284 (Fla.1999). As such, Florida law requires that any governmental meeting, in which official acts are to be taken, must be open to the public, and no "resolution, rule or formal action shall be considered binding except is taken or made at such meeting." §
286.011(1), Fla. Stat. (1999). An exemption to the Sunshine Law, however, allows a governmental entity to meet privately with its attorney provided that certain conditions are met. Section
286.011(8), Florida Stat....
...He maintains that the transcript of the meeting reflects that the City took formal action in amending Section 9.1 and directed its attorneys to make an offer of judgment. He concludes that the subject matter of the meeting went beyond settlement negotiations or strategy sessions related to litigation expenditures. Section 286.011(8)(b) enables a governmental entity to meet privately with its attorneys to discuss pending litigation in which the entity is presently a party before a court or administrative agency provided that the entity's attorney shall advise t...
...The City did not take formal action to settle a case that it knew could not be done in executive session under the exemption. The trial court in this case correctly found that the discussions held in closed session did not go beyond the strict parameters of section 286.011(8)....
...negotiations and strategy with regard to the federal lawsuit. Rather, it is clear that the members discussed putting forth what was discussed at a formal meeting. Therefore, *173 the closed session held on March 13, 2000 fell within the exemption of Section 286.011(8), and there was no Sunshine Law violation....
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CopyCited 18 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 99
...Birchfield, Martin, Ade, Birchfield & Johnson, Jacksonville, for appellants. Don Dansby, Perry, for appellees. ERVIN, Chief Judge. This is an appeal from an order finding that certain actions of the Perry City Council (Council) violated Florida's "Sunshine Law". Section 286.011, Florida Statutes....
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CopyCited 12 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 627, 2010 Fla. LEXIS 1787, 2010 WL 4237584
...be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution. And section 286.011, Florida Statutes (2009), commonly known as the Government in the Sunshine Law, provides in part: All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporat...
...o 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. Because section 286.011 "was enacted in the public interest to protect the public from `closed door' politics ......
...e action will be taken. Town of Palm Beach v. Gradison,
296 So.2d 473, 477 (Fla.1974). "Mere showing that the government in the sunshine law has been violated constitutes an irreparable public injury...." Id. Therefore, where officials have violated section
286.011, the official action is void ab initio....
...See id. at 940-41; see also Lyon v. Lake County,
765 So.2d 785, 789 (Fla. 5th DCA 2000) ("When a committee has been established for and conducts only information gathering and reporting, the activities of that committee are not subject to section *763
286.011, Florida Statutes.")....
...advisory committee subject to the requirements of the Sunshine Law. As explained above, only advisory committees acting pursuant to a delegation of decision-making authority by the governmental entity are subject to the open meetings requirement of section 286.011. Advisory committees functioning as fact-finders or information gatherers are not subject to section 286.011....
...inspector general and did not deliberate with the inspector general, the ultimate authority on termination, we conclude that the [group] does not exercise decision-making authority so as to constitute a `board' or `commission' within the meaning of section 286.011, and as a result, its meetings are not subject to the Sunshine Act.")....
...7(1), Florida Statutes (2009), of the Public Records Act after the Orioles invoked the exemption outlined in section
288.075(2)(a). However, this does not mean Bullock and the individuals he consulted were a board or commission within the meaning of section
286.011 of the Sunshine Law....
...At a subsequent public meeting in which Tolar was present and "given full opportunity to express his views," the school board members voted to transfer Tolar to another position and abolish his position. Id. Tolar sued for injunctive relief, alleging a violation of section 286.011. Id. As this Court noted, "By the express terms of section 286.011, any resolution, rule, regulation, or formal action taken at these secret meetings would not be binding." Id....
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CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 20880, 2010 WL 3927666
...Board to delegate to Adams, its agent, the authority to bind the Board to arbitrate
disputes under the consulting contract. The Board disagrees, and advances a
12
related argument that the Florida Sunshine Law, Fla. Stat. § 286.011(1), prevented
the Board from delegating authority because, under that law, all decisions affecting
the Board must be made at a public meeting....
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CopyCited 17 times | Published | Florida 1st District Court of Appeal | 3 Media L. Rep. (BNA) 2425
...[
232 So.2d at 9, emphasis added.] In general application, Florida's public records law and its companion, the open public meetings law, promote a state interest of the highest order. By promoting open government and citizen awareness of its workings, Chapter 119 and Section
286.011 enhance and preserve democratic processes....
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CopyCited 17 times | Published | Supreme Court of Florida | 2 Media L. Rep. (BNA) 1508
...privacy which has been formulated to date is discussed in our recent decision of Laird v. State,
342 So.2d 962, filed Feb. 10, 1977 (Fla.). See also, Privacy of Information in Florida Public Employee Personnel Files, 27 U.Fla.L.Rev. 481 (1975). [8] §
286.011, Fla....
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Quote AuthorityAgo (1994) CopyCited 17 times | Published | Florida 2nd District Court of Appeal
..., and where he did so meet *613 said meeting was not open to the public at all times and at said meeting matters pertaining to City Commission business, to-wit: Employment of the City Attorney, was [sic] discussed in willful and knowing violation of Section 286.011, Florida Statutes." Wolfson contends that the indictment is insufficient on its face in that it failed to allege all of the necessary elements of the crime charged as set out in the statute....
...In view whereof, the circuit court was correct in reversing the order of the county court which dismissed the indictment herein. Accordingly, certiorari should be, and it is hereby, denied. Certiorari denied. HOBSON, Acting C.J., and SCHEB, J., concur. NOTES [1] Section 286.011, Fla....
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CopyCited 13 times | Published | Florida 1st District Court of Appeal
...A failure to file a timely protest constitutes a waiver of chapter 120 proceedings. Section
120.53(5), Florida Statutes (1985). See also Cianbro v. Jacksonville Transportation Authority,
473 So.2d 209 (Fla. 1st DCA 1985). Next, Capeletti contends that DOT violated section
286.011, Florida Statutes (1985), Florida's Sunshine Law, by not opening its bid-review committees to the public....
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CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 4698, 1994 WL 190008
...Wittmer, Gainesville, for appellee. LAWRENCE, Judge. Darnell Rhea (Rhea) appeals a summary judgment entered in favor of the Alachua County School Board (Board). The trial court found that the Board's workshop held in Orlando, Florida, on December 3, 1991, did not violate section 286.011, Florida Statutes (1991), commonly known as the "Government in the Sunshine Law." [1] We reverse and remand for further proceedings....
...ns are invited." The Board met on the evening of December 3, 1991, as planned, at the Twin Towers Hotel in Orlando. Rhea filed a complaint on May 29, 1992, seeking injunctive and declaratory relief against the Board, alleging that the Board violated section 286.011 in holding a Board meeting in a place located outside the geographical boundaries of the Board's district, that is, Alachua County, and more than 100 miles from Gainesville, the Board's headquarters....
...The Board properly concedes that the school board workshop held in Orlando was a "public meeting" for purposes of the Sunshine Law. Canney v. Board of Pub. Instruction,
278 So.2d 260 (Fla. 1973). The Board, however, denies that any violation of that law took place. Section
286.011(1) provides in relevant part: All meetings of any board ......
...The "public" for the Alachua County School Board, therefore, would be members of Alachua County, as opposed to members of Orange County or the Florida public at large. Rhea argues that by meeting outside Alachua County, at a hotel more than 100 miles from its headquarters, the Board denied reasonable access to its public. Section 286.011 does not define the word "public." In construing a statute, words that are undefined by the statute should be given their plain and ordinary meaning....
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CopyCited 11 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290
...The committee recommends that the Court adopt chapters 2000-316, sections 1 and 2; and 2001-132, section 1, Laws of Florida. Chapter 2000-316, section 1, amends section
90.502, Florida Statutes (Lawyer-client privilege), Florida Statutes, to provide that a discussion or activity that is not a meeting for purposes of section
286.011, Florida Statutes, shall not be construed to waive the attorney-client privilege established under section
90.502, and to further provide that the new provision shall not be construed to constitute an exemption to either section
119.07 or section
286.011, Florida Statutes....
0 red0 yellow13 green0 procedural
CopyCited 20 times | Published | Florida 1st District Court of Appeal
...Marston and Peterson, respectively President of the University of Florida and student *784 chancellor of the University's Honor Court, appeal from a circuit court adjudication that student disciplinary hearings of the Honor Court are meetings of a board or commission of a State agency which are declared by § 286.011, F.S. 1975, to be "public meetings open to the public at all times." The circuit court, exercising jurisdiction committed to it by Article V, § 5(b), Florida Constitution, and § 286.011(2), F.S....
...The record before the trial court demonstrated that, in the majority of cases, the penalty recommendations made by the Honor Court have been honored and enforced by the President. The trial court held that the Regents themselves would be subject to the open meeting requirement of § 286.011, were they to meet to conduct proceedings for the discipline of a student, and that the Regents' delegation of that function to the University of Florida Honor Court subjects the Honor Court to the same statutory mandate....
...That being our duty, we are obliged to maintain the confidentiality of disciplinary records of University of Florida students who do not consent to their revelation, and of the Honor Court proceedings which are so recorded. To do so does not destroy § 286.011; to fail to do so would destroy § 239.77. We express no view of whether disciplinary sessions of the Honor Court would otherwise constitute "meetings of ... [a] board or commission of ... [a] state agency or authority." Sec. 286.011(1), F.S....
0 red1 yellow1 green0 procedural
Cited "but see"Ago (1980)phrase: "but see"
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...[1] The Newspapers asserted that the Commission's denial of their right to inspect and copy the Southern Bell documents violated the Public Records Act, chapter 119, Florida Statutes (1987), and that the Commission's closure of other proceedings involving AT & T and Florida Power violated section 286.011, the Florida Government in the Sunshine Act....
...open meetings. [5] It asserts that the Public Records Act as amended in 1985, section
119.07(5), explicitly states that no exemptions to the inspection right granted by chapter 119 "shall be interpreted as providing an exemption from or exception to section
286.011." Conceding that Marston v....
...Judicial enforcement of the Public Records Law is implicitly authorized by section
119.11(1), which provides: "Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases." Section
286.011(2) explicitly confers jurisdiction on the circuit court "to issue injunctions to enforce the purposes of this section." And section
120.73 provides that nothing in the Administrative Procedures Act may be construed "to repeal any prov...
...Florida Department of Environmental Regulation,
416 So.2d 813 (Fla. 1st DCA 1982), this court held: "Since such avenues of relief were not pursued, we cannot conclude that the remedies of the administrative process were inadequate." [11] In Willis, this court noted that chapter 119 and section
286.011 "plainly authorize suits for injunction in circuit court in lieu of administrative remedies," but as appellees point out, this dictum cannot logically be applied to statutory exemptions to the Public Records Act that did not exist whe...
0 red0 yellow7 green0 procedural
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1995 WL 258910
...ifying such expectation and does not mean any public oral communication uttered at a public meeting... .'" Id. at 852 (additional emphasis added). There is no authority suggesting that a disciplinary investigation is a public meeting as described in section 286.011, Florida Statutes, or that public officials would not have a reasonable expectation that they would not be taped while engaged in investigating alleged misconduct on the part of a public employee....
0 red0 yellow14 green0 procedural
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 2960724, 2017 U.S. App. LEXIS 12419
...ustify an expectation of privacy do not exist. This conclusion is firmly grounded in Florida law. All the attendees were charged with knowledge that the content of their conversation could be subject to public records disclosure laws. See Fla. Stat. § 286.011 (2012) (Florida’s Government in the Sunshine Law)....
0 red0 yellow10 green0 procedural
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...Harllee, III, of Harrison, Johnston, Harllee & Porges, Bradenton, for appellee. William J. Roberts and Wilson W. Wright, Tallahassee, for State Association of County Attorneys, amicus curiae. GRIMES, Judge. This is an appeal from an order declaring void a public contract by reason of a violation of Section 286.011, Florida Statutes, F.S.A., commonly known as the Government in the Sunshine Law....
0 red0 yellow5 green0 procedural
CopyCited 15 times | Published | Supreme Court of Florida
...nts to the 1978 agreements, terms of the 1980 agreements, what new public facilities would be built, the cost of such construction, the issuance of the bonds herein at issue, and, in general, the operation of the airport serving the city of Orlando. Section 286.011, Florida Statutes, (Florida Government in the Sunshine) requires that the decision-making of a public agency be done in public....
...The court, in a memorandum opinion, ordered the authority to issue additional revenue bonds in an aggregate amount sufficient to complete the project. Delta Airlines, Inc. v. Greater Orlando Aviation Auth., No. 80-F-Orl-Civ-Y (M.D.Fla. Jan. 28, 1980). [4] § 286.011, Fla....
0 red0 yellow4 green0 procedural
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...rejecting all bids received on a certain highway construction project upon which Couch was one of the bidders, and further that the decision by DOT to reject all bids was made in violation of Florida's Government in the Sunshine Law, Florida Statute 286.011....
...or under a misconception of law in rejecting all bids received on the subject project on December 21, 1977. "(2) Whether the decision of the respondent D.O.T. to reject all bids was made in violation of Florida's Government in the Sunshine Law, F.S. § 286.011....
...In conclusion, petitioner has failed to illustrate an improper exercise of discretion on the part of the D.O.T. "Petitioner further contends that the D.O.T.'s decision to reject all bids was made in violation of Florida's Government in the Sunshine Law. F.S. § 286.011(1) provides as follows: `All meetings of any board of commission of any state agency or authority or of any agency or authority of any county, municipal corporation or any political subdivision, except as otherwise provided in the Constitu...
...Although qualification is an issue in a companion case (case no. KK-100 also decided this date), [9] no such issue has been raised in this case. We have not overlooked nor ignored the contention urged by Couch that DOT, in deciding to reject all bids, violated F.S. 286.011, the Government in the Sunshine Law....
0 red0 yellow9 green0 procedural
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...partment, division, board, bureau, commission, or other separate unit of government created or established by law and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. [2] § 286.011, Fla....
0 red0 yellow7 green0 procedural
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 6016, 2002 WL 851234
...Bistline of Stromire, Bistline & Miniclier, Cocoa, for Appellee. SHARP, W., J. Knox appeals from the trial court's order which denied her request for a temporary injunction against the Brevard County School Board and others for alleged violations of Florida's "Sunshine Law," section 286.011....
...or permission to attend the interviews conducted by Blackburn's team, but was refused. Knox then filed a complaint against the School Board, DiPatri, Blackburn, and the members of the interview team seeking a declaration that the interviews violated section 286.011....
...Parker,
755 So.2d 839 (Fla. 5th DCA 2000). On appeal, Knox contends that Blackburn's team constituted a "board" which engaged in the "official acts" of interviewing and recommending candidates to the school superintendent. Thus Knox argues these interviews are governed by section
286.011 and must be open to the public....
...wished to interview further). A Sunshine violation does not occur when a governmental executive uses staff for a fact-finding and advisory function in fulfilling his or her duties. See Wood. AFFIRMED. THOMPSON, CJ., and PALMER, J., concur. NOTES [1] Section 286.011 provides as follows: 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 corp...
0 red0 yellow6 green0 procedural
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...The complaint alleged that in awarding the contract to Waste Management, Inc., the city had violated the competitive bidding requirements of its own municipal ordinance as well as the Consultants Competitive Negotiation Act, section
287.055, Florida Statutes (1981), and the Sunshine Law, section
286.011, Florida Statutes (1981)....
...ts except where constitutional issues are involved. In view of the fact that the appellant failed to allege a special injury or assert a constitutional challenge, the only remaining issue in this appeal is whether the city violated the Sunshine Law, section 286.011, Florida Statutes (1981)....
...urpose of evaluating bids and negotiating proposed contracts with winning bidders. 1981 Op.Att'y Gen.Fla. 081-51 (July 8, 1981). In the same vein, we do not believe that the negotiation meetings of the city's staff were governed by the provisions of section 286.011....
0 red0 yellow7 green0 procedural
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1995 WL 270658
...Although the mayor is the nominal party in all proceedings, the record reflects that the city retained its attorney to defend the charges and to prosecute the attorney's fee action. The trial court did not err in concluding that the meeting with counsel is permitted under section 286.011(8), Florida Statutes, which recognizes the right of a governmental entity to meet in executive session with its attorney to discuss pending litigation....
...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. § 286.011(8), Fla. Stat. (1993) We recognize that the sunshine law, section 286.011, Florida Statutes, must be liberally construed in favor of open government....
...Here, even though the recovery of fees will be in the mayor's name, as these proceedings must be brought in the name of the public official, the city would, in any event, have a claim for subrogation as it is not contended that the mayor individually incurred the attorney's fee obligation. We also note that section 286.011(8) applies to litigation to which the entity is "presently" a party....
0 red0 yellow5 green0 procedural
Cited (see also)Ago (2008)phrase: "see also"
Cited (see also)Ago (2008)phrase: "see also"
CopyCited 10 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 258, 1993 Fla. LEXIS 685
...Wainwright, the question of whether the Parole Commission could have two distinct responsibilities, one prescribed by the Legislature and the second prescribed by the Governor and the Cabinet, was directly addressed by the First District Court of Appeal. In that case, the issue was whether the Sunshine Law, section 286.011, Florida Statutes (1977), would apply to parole revocation meetings....
0 red1 yellow7 green0 procedural
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1989 WL 68943
...nd proof that there is a reasonably well grounded probability that such course of conduct will continue in the future." City of Jacksonville v. Wilson,
157 Fla. 838, 844,
27 So.2d 108, 111 (1946). In the analogous context of the public meetings law, §
286.011, Fla....
...Other provisions of the Public Records Law then determine whether an exemption precludes the documents' public disclosure. Id. §
119.07. [2] The public meetings law expressly provides that the circuit court may "issue injunctions to enforce the purposes of this section upon application by any citizen of this state." §
286.011(2), Fla....
0 red0 yellow12 green0 procedural
CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2011 A.M.C. 2891, 2011 U.S. App. LEXIS 17232, 2011 WL 3629483
...he redevelopment of the
marina. Seeking to scuttle the redevelopment agreement, Lozman filed suit in
Palm Beach County Circuit Court, alleging that the City’s May 10, 2006 meeting
with the developer violated the Florida Sunshine Law, Fla. Stat. § 286.011,
because the public was only given one day’s notice of the meeting....
0 red0 yellow12 green0 procedural
CopyCited 10 times | Published | Supreme Court of Florida
...heless it is clear that those proceedings result in input which is material and substantial in the ultimate decision-making process. The importance of this part of the process has been recognized in the context of the government in the sunshine law, Section 286.011, Florida Statutes (1975)....
...1974), this Court recognized the essential part such consideration and discussion plays in the ultimate decision-making process by holding that a lay group of citizens, designated by the town council of the Town of Palm Beach to advise the council in the adoption of an ultimate zoning plan, was subject to the provisions of Section 286.011....
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2000 WL 1033050
...No official action was taken or decision made at this meeting as to Lyon's property, although his property was discussed. This meeting is the first of three different meetings Lyon in the first count *788 of his complaint alleges violated the sunshine law, as codified at Section 286.011, Florida Statutes....
...act the site plan was approved at the July 11 TRC/DRS meeting. This is the third meeting Lyon complains violated Florida's sunshine law; the trial judge ruled that this meeting did not have to be held in the sunshine, either. Florida's sunshine law, section 286.011 [2] , provides a right of access to governmental proceedings. Section 286.011, in relevant part, states: (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...
...An exception to the applicability of the sunshine law to advisory committees has been recognized for committees related to fact-finding only. When a committee has been established for and conducts only information gathering and reporting, the activities of that committee are not subject to section 286.011, Florida Statutes....
...On the other hand, the TRC meeting which took place on July 11, 1996 should have been held in the sunshine, contrary to the trial court's determination. The sunshine law applies to "any board or commission of any state agency or authority of any county, municipal corporation, or political subdivision...." § 286.011(1), Fla....
...Since the TRC was created by the Lake County Commission, it follows that the TRC was a sunshine body. As the TRC was a body subject to sunshine, the July 11, 1996 meeting had to meet three prerequisites so as not to run afoul of the sunshine law. §§ 286.011(1)(2), Fla....
...ding how the meetings took place and who they involved as related to his claim. Lyon does not contend this limitation was an abuse of discretion. As such, Lyon's "new" claim on appeal that he is bringing this action on behalf of all citizens, as per section 286.011, is not well-taken....
0 red0 yellow8 green0 procedural
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2006 WL 304565
...ollows: COMMISSIONER THOMPSON'S MALFEASANCE IN OFFICE CONSISTING OF MEETING OUTSIDE A PROPERLY NOTICED PUBLIC MEETING OF THE CITY COMMISSION TO DISCUSS WITH OTHER CITY COMMISSIONERS THE CLOSING OF TRAILER CITY IN VIOLATION OF FLORIDA'S SUNSHINE LAW, SECTION 286.011, FLORIDA STATUTES....
0 red0 yellow11 green0 procedural
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1995 WL 681298
...on of the Florida Government-in-the-Sunshine Law. The trial court found that the mayor's failure to disclose the names of the lawyer from the City Attorney's Office and the lawyers from a specially retained out-of-town law firm violated the terms of section 286.011(8)(d), Florida Statutes which reads: The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of the persons who will be attending the session....
0 red0 yellow2 green0 procedural
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...The circuit court entered the order appealed herein, denying the petition for writ of certiorari *468 and dismissing the cause with prejudice. Upon appeal, the appellant contends the trial court erred in the following particulars: (1) That the Zoning Appeals Board failed to abide by the provisions of § 286.011, Fla....
...further notice. This is in accordance with the general authorities. Moskovitz v. City of St. Paul, 218 Minn. 543, 16 N.W.2d 745; Boynton Cab Co. v. Giese, 237 Wis. 237, 296 N.W. 630; 2 Am.Jur.2d, Administrative Law, § 362. As to the "sunshine law" [§ 286.011, Fla....
0 red0 yellow5 green0 procedural
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1995 WL 92606
...This appeal arises from a trial court's order entitled "Final Judgment as to the Claims of Plaintiff International Longshoremen's Association (ILA)" against Port Everglades Authority (the Port). The trial court found a violation of the Sunshine Law, section 286.011, Florida Statutes (1991), in the bidding and procurement process for the Port's contract for crane maintenance and, as a result, invalidated the award of the contract by the Port to G.F.C....
...t does not dispute that the trial court had the power, under the Sunshine Law, to enjoin the Port from future violations of the same nature. Both the statute and case law support the court's ability to issue limited injunctive relief of this nature. § 286.011(2); Board of Public Instruction of Broward Co....
0 red0 yellow12 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...Howze,
291 So.2d 645 (2d DCA 1974).) However each and every discussion among City Commissioners need not be made in the sunshine. Nor is it necessary that written documents, including contracts, be signed simultaneously by the signatories nor during an open meeting. Section
286.011, Florida Statutes (1975), provides as follows: "
286.011 Public Meetings and records; public inspection; 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 any political subdivision, except as...
0 red0 yellow9 green0 procedural
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1976 Fla. App. LEXIS 13883
...When appellant sought to elicit the substance of the conversations with the school board attorney concerning the reorganization plan, appellee's counsel instructed the deponents not to answer. Upon application to the trial judge for an order compelling discovery it was held that the "Government in the Sunshine Law" (F.S. 286.011) did not abrogate the attorney-client privilege as applied to a public body....
...ht to know' which was intended." (Cites omitted:
262 So.2d 427) Sub judice, appellant takes a broad approach, asserting that the trial judge erred in holding that the attorney-client privilege between the school board and its attorney is waived by F.S.
286.011, the Sunshine Law....
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 366, 2010 WL 183998
...the lawsuit. In other words, the court determined the public records claim was moot by the time appellants filed the initial complaint. The court denied any relief to appellants on this claim. Count Two, the open meeting claim, alleged violations of section 286.011, Florida Statutes (2006), known as the "Government in the Sunshine Law" or "open meetings" law; and article I, section 24(b) of the Florida Constitution....
...Two. The parties agreed no material factual issues are in dispute in the open meeting claim. The trial court determined the City's use of the consent agenda procedure did not violate chapter 286, Florida Statutes, and denied appellants' claim under section 286.011 seeking an order "rendering the City's approval of the Minutes null and void and of no legal effect." ANALYSIS We have de novo review of a question of law....
...was not mooted. We next consider the open meeting claim. As a hallmark of open meeting law, a covered governmental entity must provide reasonable notice of, and continuing public access to, its "meetings ... at which official acts are to be taken." §
286.011(1), Fla. Stat. (2006); see Hough v. Stembridge,
278 So.2d 288, 291 (Fla. 3d DCA 1973) (stating that reasonable notice is necessary for a public meeting to be truly public under section
286.011)....
...e find no error in the trial court's denying the challenge to the City's use of the consent agenda. Count Two, however, also sought relief based on the City's failure to allow appellants a timely opportunity to inspect and copy the April 11 Minutes. Section 286.011(2), Florida Statutes (2006), states "[t]he 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." Moreover, our circ...
...Up through that meeting, the City's high-level employees informed appellants the City would not produce a copy of the Minutes until approval at the next meeting. As may be inferred from the foregoing "public records" analysis, the City violated both the language and the purpose of section 286.011(2) by denying public access to its Minutes until after approval, or, stated flatly, after the Minutes would have been useful to those seeking inspection....
..."Mere showing that the government in the sunshine law has been violated constitutes an irreparable public injury." Town of Palm Beach v. Gradison,
296 So.2d 473, 477 (Fla.1974). Further, "no resolution, rule, or formal action shall be considered binding except as taken or made" pursuant to the open meeting requirements. §
286.011(1), Fla....
...Apparently, even "an unintended violation of the government in the sunshine law will negate" action taken by a city commission. Gradison,
296 So.2d at 477-78. Declaratory relief and injunctive relief will lie under chapter 286 if the facts warrant such remedies. Because, and to the extent, the City violated section
286.011(2), Florida Statutes (2006), by failing to open its Minutes to public inspection and copying in a timely and reasonable manner, prejudice is presumed....
...See Gradison,
296 So.2d at 477 (stating the "mere showing [chapter 286] has been violated constitutes an irreparable injury"); Port Everglades Auth. v. Int'l Longshoremen's Ass'n, Local 1922-1,
652 So.2d 1169, 1171 (Fla. 4th DCA 1995) (stating that once a violation of section
286.011 is shown, "prejudice is presumed")....
...We would only note the City could have cured its default by reconsidering the Minutes at any time after their production. See Bassett v. Braddock,
262 So.2d 425, 428-29 (Fla.1972) (concluding that a subsequent open, public vote cured, corrected, and rendered "sunshine bright" an initial violation of section
286.011 relating to the election of school board officers by secret written ballot); Bruckner v....
0 red0 yellow16 green0 procedural
CopyCited 7 times | Published | Supreme Court of Florida
...City of North Miami Beach,
66 So.2d 235 (Fla. 1953). We have jurisdiction to review the district court's decision. [1] Respondents filed an amended complaint seeking a declaratory judgment concerning the effect on their processes of the so-called "government in the sunshine" law, Section
286.011, Florida Statutes (1975)....
...[3] In addition to the arguments from petitioners and respondents, we received the views of the Sentinel Star Company, Brian Howland, the City of Miami, the Miami Daily News, Inc., the Miami Herald Publishing Company and the Ocala Star-Banner Corporation, all as amici curiae, as to the scope of Section 286.011....
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 1026, 16 Media L. Rep. (BNA) 1798, 1989 Fla. App. LEXIS 2268, 1989 WL 39569
...cher, P.A., Fort Lauderdale, for appellee-News and Sun-Sentinel Co. ANSTEAD, Judge. This is an appeal from an order holding that a meeting between the mayor of the City of Sunrise and a city employee is subject to the provisions of the Sunshine Law, section 286.011(1), Florida Statutes (1987)....
...The mayor of Sunrise sought to hold a private meeting with a city employee concerning the discipline of the employee, the secretary to the city transportation director. The Sun-Sentinel claimed that the meeting would violate Florida's Sunshine Law, section 286.011(1), Florida Statutes, and sought a court order enjoining the private meeting....
...... (b) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law. The trial court agreed with Sun-Sentinel and enjoined the meeting. Florida's Sunshine Law, section 286.011(1), Florida Statutes (1987), provides: (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, 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. Section 286.011 should be broadly construed to give effect to its purpose of requiring government to conduct its business in public view....
...Relying on this broad public policy, the Sun-Sentinel contends that all meetings between the mayor and city employees are subject to the Sunshine Law if they involve matters that may be of public interest. We disagree. Notwithstanding the broad public policy underlying section 286.011 it is apparent that not all meetings involving government officials are affected by the statute....
...tion of the sunshine law is a meeting between two or more public officials. Mitchell [ v. School Bd. of Leon County],
335 So.2d 354 at 355 [Fla. 1st DCA 1976]. Accordingly, we hold that in order to state a cause of action for injunctive relief under section
286.011, Florida Statutes, a complaint must allege by name or sufficient description the identity of the public official with whom the defendant public official has violated the sunshine law....
...2d DCA 1976), the court held that meetings between a junior college president, as executive officer of the college board of trustees, and advisors for the purpose of fact finding to assist him in the execution of his duties were not "meetings" under section 286.011....
...Likewise, in Cape Publication, Inc. v. City of Palm Bay,
473 So.2d 222 (Fla. 5th DCA 1985), the court held that meetings between a city manager, prospective employees, and an advisory committee, that did not have any decision making functions, were not "meetings" under section
286.011....
...In Cape Publication, the meetings were interviews of prospective police chiefs by the city manager with the assistance of a committee formed to ask technical questions and offer comments. Sunrise does not suggest that personnel matters are not within the confines of section 286.011(1)....
...someone else to exercise the authority. Since the mayor is not a board or commission, nor acting for such a board, meetings between him and city employees in regard to his duties, unrelated to those of a board or commission, are not "meetings" under section 286.011(1)....
0 red0 yellow3 green0 procedural
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...The Adjudicatory Commission's order erroneously interprets Section 3(2) of Chapter 74-310, 1974 Laws of Florida, as preventing the application of the provisions of said chapter to the appeal herein. "III. The Adjudicatory Commission's order erroneously holds that a violation of the Government in the Sunshine Law, Section 286.011, Florida Statutes, cannot be grounds for an appeal under the provisions of Chapter 380, Florida Statutes." By enacting the Florida Environmental Land and Water Management Act of 1972, [3] the legislature established land and water man...
0 red0 yellow4 green0 procedural
CopyCited 10 times | Published | Florida 2nd District Court of Appeal
...Petersburg, for amicus curiae Times Publishing Company. CAMPBELL, Judge. Cape Coral Medical Center, lessee from Cape Coral Health Authority, appeals from the entry of a final summary judgment which determined the Medical Center to be a public agency and, therefore, subject to section
286.011, Florida Statutes (1979), the Sunshine Law, and section
119.01, Florida Statutes (1979), the Public Records Law....
...We have examined the Medical Center's appeal and find that we are not required to address here whether every nonprofit private lessee from a governmental, hospital authority lessor is required to disclose its records pursuant to section
119.01, Florida Statutes (1979), and/or section
286.011, Florida Statutes (1979)....
...lth Authority. Chapter 75-354, Laws of Florida, provides the following: Section 4. ..... *1218 (5) ... All meetings of the authority [1] as well as all records, books, documents and papers shall be open and available to the public in accordance with s. 286.011, Florida Statutes....
...[4] Accordingly, we affirm the trial court's entry of summary judgment. Although we affirm the entry of summary judgment, we do find merit in News-Press' cross-appeal. In its complaint News-Press requested attorney's fees as provided for in sections
119.12(1) and
286.011(4), Florida Statutes....
...The court granted the motion to strike prior to the hearing on the motion for summary judgment. Section
119.12(1), Florida Statutes, provided for an award of attorney's fees to the plaintiff if the court finds that the agency-defendant unreasonably refused to permit inspection of its records. Section
286.011(4), Florida Statutes, provides for an award of attorney's fees when the court finds that the agency violated section
286.011....
...s... . [3] The legislature is able to provide for disclosure and has done so here. The legislature could also eliminate the disclosure requirement if it so desired. [4] Although chapter 75-354, section 4(5), Laws of Florida, expressly refers to only section
286.011, Florida Statutes, the language of section 4(5) referring to "records, books, documents and papers" implies compliance by the Authority with the requirements of chapter 119. Also the Authority, by its definition, falls within section
119.011(2), Florida Statutes. See footnote 1. [5] As the policy behind chapter 119 and the policy behind section
286.011 are similar, we believe that they should be read in pari materia. In so reading these provisions, we find that the violation necessary for an award of attorney's fees under section
286.011(4) is an unreasonable violation just as the refusal to permit inspection necessary for an award of attorney's fees under section
119.12(1) is an unreasonable refusal.
0 red0 yellow2 green0 procedural
CopyCited 6 times | Published | District Court, N.D. Florida | 2010 U.S. Dist. LEXIS 67536, 2010 WL 2426612
...In count seven, all six plaintiffs sue the county under § 1983 for taking their propertytheir business reputation and goodwillwithout just compensation. In count eight, Log Creek sues Mr. Kessler for injunctive relief as a result of violating § 286.011, Florida Statutes, the open-meeting law....
...that count is barred in any event by absolute immunity, as discussed in section IV.B. above. E. Count Eight: Open Meetings Count eight alleges that the Board of County Commissioners, with Mr. Kessler at the helm, violated Florida's open-meeting law, § 286.011, Florida Statutes....
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 199888
...Storm progress is monitored, and as it becomes a threat, decisions are made concerning implementation of preparedness activity in the county. As the date of storm arrival nears, additional personnel are brought into the group as necessary to ensure that appropriate actions are taken. [2] See § 286.011, Fla....
0 red0 yellow8 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...nd fraud. Additionally, we find that the facts of this case show a violation of the public notice requirements of section
120.53(1)(d), Florida Statutes (1981). We view this violation as analogous to violations of the Government in the Sunshine Law, section
286.011, Florida Statutes (1981), a violation of which constitutes an irreparable public injury....
0 red0 yellow5 green0 procedural
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 473, 1991 WL 7124
...On March 9, 1990, appellant (a resident of Alachua County) filed a complaint against the City purporting to allege that the February 20, 1990 meeting had been held without proper notice to the public, and was therefore in violation of the "Sunshine Law" (section 286.011, Florida Statutes)....
...with leave to amend. On May 4, 1990, appellant filed an amended complaint requesting the court find that the meeting violated the notice requirement, that it void all formal action taken at the meeting, and that it award appellant costs pursuant to section 286.011(4). The City again moved to dismiss for failure to allege facts establishing a violation of section 286.011 and, on June 12, 1990, the court dismissed the amended complaint *222 with prejudice, finding "the acts complained of by the plaintiff... are not formal actions contemplated within the provisions of Florida Statute 286.011." Section 286.011(1), Florida Statutes provides, in part, as follows: (1) All meetings of any board or commission of any .....
...Williams,
222 So.2d 470, 473 (Fla. 2d DCA 1969), overruled in part, Neu v. Miami Herald Publishing Co.,
462 So.2d 821 (Fla. 1985). Under the above authorities, we find appellant's amended complaint to have stated a sufficient cause of action under section
286.011, by making a prima facie showing that the Commission held a public meeting at which official acts or formal action took place, without providing reasonable notice to the public....
0 red0 yellow3 green0 procedural
CopyCited 9 times | Published | Supreme Court of Florida
...v. Tanzler,
234 So.2d 372) on the ground that it is in direct conflict on the same point of law with a decision of this Court (Board of Public Instruction of Broward County v. Doran,
224 So.2d 693). This case involves the applicability of Fla. Stat. §
286.011, F.S.A., the "Government in the Sunshine Law." Petitioner was the plaintiff in the lower court and respondents were the defendants....
...matters discussed by the officials were matters on which "foreseeable action" would be taken by the Council as a whole. It is also alleged that the officials did not make or record minutes for public inspection of the meeting in question. Fla. Stat. § 286.011, F.S.A., reads as follows: "(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 any political subdivision, except as otherwise provided in the c...
..., or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment." The trial court in granting a motion to dismiss found that the meeting or gathering of these individuals was not contrary to Fla. Stat. § 286.011, F.S.A. Leave to further amend was not granted and, on appeal, the order or judgment of the trial court was affirmed. The defendants have misconceived the purpose and intent of Fla. Stat. § 286.011, F.S.A....
...ngs held in violation of the Government in the Sunshine Law. The Legislature has given the circuit courts of this State "jurisdiction to issue injunctions to enforce the purposes" of this law upon application by any citizen of this State. Fla. Stat. § 286.011(2), F.S.A....
0 red0 yellow2 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...We now have for consideration appellee's motion to dismiss wherein it is argued that this appeal is void as a matter of law because the decision of the Commission to take this appeal constitutes "formal action" so as to require that the decision be reached in an open and public meeting as required § 286.011, Fla....
...We now hold that the decision to take this appeal from a DOAH hearing officer's order is not one which triggers the public meeting requirements of the Government in the Sunshine Law. Accordingly, we deny the motion to dismiss. Florida's Government in the Sunshine Law provides, in pertinent part, as follows: 286.011 Public meetings and records; public inspection; 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 any political subdivision, except as...
0 red0 yellow4 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 127 L.R.R.M. (BNA) 3051
...We focus our attention, as did the trial judge, on the following pertinent part of PERA, section
447.605: (1) All discussions between the chief executive officer of the public employer, or his representative, and the legislative body or the public employer relative to collective bargaining shall be exempt from s.
286.011 [the Government in the Sunshine Law]. (2) The collective bargaining negotiations between a chief executive officer, or his representative, and a bargaining agent shall be in compliance with s.
286.011....
...epresentatives at any time, irrespective of whether it is before or after the declaration of an impasse, to discuss any thing relevant to the terms and conditions of their employer-employee relationship, such meeting is subject to the Sunshine Law F.S. 286.011 and such meetings must be arranged or held so the Sunshine Law may be given effect and the Sunshine Law must be complied with....
...e contrary, it specifically included them. Because that is so, we find that the trial court correctly interpreted the statute. Accordingly, we affirm the order before us. SCHOONOVER and HALL, JJ., concur. NOTES [1] §
447.403, Fla. Stat. (1985). [2] §
286.011, Fla....
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CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1996 WL 71276
...ublic meeting be listed on an agenda, that the public had no right to actively participate as to this item, and that any technical violation of the law, in the event any council members had met unlawfully, was corrected by the later public decision. Section 286.011(1), Florida Statutes (1993), the "Government in the Sunshine Law," provides that All meetings of any board or commission of any ......
0 red0 yellow5 green0 procedural
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 2620273
held in accordance with the provisions of Section
286.011, Florida Statutes, and at said meeting official
0 red0 yellow7 green0 procedural
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 420523
This meeting is in violation of Florida Statutes §
286.011. 3. The entry of the temporary injunction will
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CopyCited 4 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 97168
such a meeting is authorized pursuant to section
286.011(8), Florida Statutes. [9] The City declined
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CopyCited 5 times | Published | District Court of Appeal of Florida | 1992 WL 108386
so-called "Government in the Sunshine Law," section
286.011(1), Florida Statutes (1989), which provides
0 red0 yellow5 green0 procedural
CopyCited 8 times | Published | District Court of Appeal of Florida
Judge: Does the open public meetings law, Section
286.011,[1] apply to parole revocation meetings of
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Cited (see also)Ago (1984)phrase: "see also"
CopyCited 6 times | Published | Supreme Court of Florida
appeal is whether the open public meetings law, section
286.011, Florida Statutes (1977), applies to parole
0 red0 yellow2 green0 procedural
CitedAgo (1986)phrase: "see"
Cited (see also)Ago (1984)phrase: "see also"
CopyCited 6 times | Published | District Court of Appeal of Florida
Monroe County and Florida's "Sunshine Law," Section
286.011, Florida Statutes (1975). In particular, appellant
0 red0 yellow2 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1997 WL 355192
reporter. §
286.011(8), Fla. Stat. (1995). The Board and its attorney concluded that section
286.011(8) permitted
0 red0 yellow3 green0 procedural
Cited (see also)Ago (2008)phrase: "see also"
Cited (see also)Ago (2008)phrase: "see also"
CopyCited 5 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 360, 1995 Fla. LEXIS 1466, 1995 WL 396905
is a public entity because chapter 119 and section
286.011 have historically been liberally construed
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1997 WL 24312
an alleged violation of the Sunshine Law, section
286.011, Florida Statutes (1993), by the county attorney
0 red0 yellow5 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
refused to hold that parties had a right under section
286.011 to tape-record negotiation sessions but instead
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | District Court of Appeal of Florida | 1999 WL 397127
alleging a violation of the Sunshine Law, section
286.011, Florida Statutes (1995). The decision being
0 red0 yellow2 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 840607
"commission" within the meaning of the Sunshine Act. Section
286.011(1), Florida Statutes (2002), provides: All
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 31 Media L. Rep. (BNA) 1095, 2002 Fla. App. LEXIS 16178, 2002 WL 31487175
committed a violation of the Florida Sunshine Law, section
286.011, Florida Statutes (2001). We affirm. The board
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
closed hearings in violation of Florida Statutes §
286.011 (Florida Sunshine Law). A heavy record has been
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | Supreme Court of Florida | 1999 WL 20625
defendants conceded that they were subject to section
286.011, Florida Statutes (1995), (Sunshine Law) but
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
appeal is based upon alleged violations of section
286.011, Florida Statutes (1993), commonly known as
0 red0 yellow14 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 1562223
that these commissions are not subject to Section
286.011, Florida Statutes (1975). Id. at 197. In In
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 1989 WL 36153
and is attorney of record for the City. [2] Section
286.011, Florida Statutes (1981). The Sunshine Law
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1414833, 193 L.R.R.M. (BNA) 2938, 2012 Fla. App. LEXIS 6385
conducting a shade meeting in vio*95lation of section
286.011, Florida Statutes (2010), the Sunshine law
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1991 WL 224989
Development Authority violated the "Sunshine Law," section
286.011, Florida Statutes (1989). Because of these
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Supreme Court of Florida | 1972 Fla. LEXIS 3377
the said bonds.” (emphasis ours) . Fla.Stat. §
286.011 (1971), F.S.A.
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CopyCited 4 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20855
enactment was the result of a violation of section
286.011, Florida Statutes (1979), the so-called "Sunshine
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
that the "Government in the Sunshine Law," Section
286.011, Florida Statutes, F.S.A., was violated by
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
by the Legislature in violation of Fla. Stat. §
286.011 (Government in the Sunshine Law). The trial court
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 2057196
violation of Florida's Sunshine Act under section
286.011, Florida Statutes, and Article I, section 24(b)
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court of Appeal of Florida | 1995 WL 421154
violate our Government in the Sunshine Law, section
286.011(1), Florida Statutes (1993), which provides:
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Supreme Court of Florida | 4 Media L. Rep. (BNA) 2244, 1979 Fla. LEXIS 4550
and whether it creates a valid exception to section
286.011(1), Florida Statutes (1977), originally enacted
0 red0 yellow2 green0 procedural
CitedAgo (1980)phrase: "see"
CopyCited 2 times | Published | District Court of Appeal of Florida | 1995 WL 385684
Florida's "Government in the Sunshine Law." See §
286.011, Fla. Stat. (1993). The Board member who changed
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14970
because the Government in the Sunshine Act (F.S. §
286.011(1)) was violated. That issue is raised for the
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 32 Media L. Rep. (BNA) 1939, 2004 Fla. App. LEXIS 2673, 2004 WL 393189
under chapter 119, the Public Records Act, section
286.011, the Sunshine Law, and article I, section 24
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
public . . . . The Sunshine Law, section
286.011(1), Florida Statutes (2012), states:
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida
council other than in public as required under §
286.011, Fla. Stat., F.S.A. (Chapter 67-356, § 1, Laws
0 red0 yellow0 green0 procedural
CopyCited 4 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2024
action against Shands alleging violation of Section
286.011, Florida Statutes (the Sunshine Law), and Chapter
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16326
“conceptual” approval as contended by appellant. Section
286.011, Florida Statutes (1973) provided that all
0 red0 yellow5 green0 procedural
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 1908370, 2017 Fla. App. LEXIS 6518
alleged that (1) NCCI violated the Sunshine Law, section
286.011, Florida Statutes (2016), by failing to provide
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861554
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes. As the amended complaint
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16433
violation *1247of the open public meetings law, Section
286.011, Florida Statutes (1975). The principal issues
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 735965
to this provision, the legislature enacted section
286.011(1), Florida Statutes, which subjects government
0 red0 yellow0 green0 procedural
CopyCited 2 times | Published | District Court of Appeal of Florida
Attorney was not subject to the Sunshine Law, Section
286.011, Florida Statutes (1981) and therefore need
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 238188, 2013 Fla. App. LEXIS 934
specifically closed by this Constitution. Further, section
286.011(1), Florida Statutes (2012), provides, in pertinent
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida | 9 Educ. L. Rep. 442
whether the Government in the Sunshine Law Section
286.011, Florida Statutes (1980), applies to the Dean
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16756
legislature, in enacting the sunshine law, Section 286.-011(1), Florida Statutes (1975),1 did not require
0 red0 yellow3 green0 procedural
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Government in the Sunshine Act, Fla.Stat.Ann. §
286.011 (West 1975), to make its meetings public and to
CopyCited 1 times | District Court of Appeal of Florida
... Miramar Police Department Chief Delrish Moss, appeal the trial court’s declaratory judgment that section
286.011(1), Florida Statutes (2024), requires arbitration hearings between a public employer and a public employee union to be open to the public. Appellants argue the trial court ...
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 WL 80815
found, any cases applying the "Sunshine Law" (section
286.011, Florida Statutes (1989)) to mediation proceedings
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | District Court of Appeal of Florida
judgment seeking a determination of whether Section
286.011, Florida Statutes (1975),[1] the Government
0 red0 yellow0 green0 procedural
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Florida's Government in the Sunshine Law, Fla. Stat. §
286.011 (1985).
CopyPublished | District Court of Appeal of Florida | 15 Media L. Rep. (BNA) 2199, 13 Fla. L. Weekly 2085, 1988 Fla. App. LEXIS 3933, 1988 WL 91225
injunctive relief under the Florida Sunshine Law, section
286.011, Florida Statutes (1985). In the amended complaint
0 red0 yellow1 green0 procedural
Cited as authorityAgo (1997) CopyPublished | Florida 1st District Court of Appeal
violation of Florida’s Sunshine Law as codified in section
286.011, Florida Statutes (2013). The complaint sought
0 red0 yellow1 green0 procedural
CopyPublished | Florida 4th District Court of Appeal | 27 I.E.R. Cas. (BNA) 1739, 2008 Fla. App. LEXIS 10309, 2008 WL 2663742
in an action for wrongful termination under section
286.011, Florida Statutes (2002) (the *48Sunshine Act)
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 3 Educ. L. Rep. 800, 8 Media L. Rep. (BNA) 1362, 1982 Fla. App. LEXIS 20637
declaration that the Government in the Sunshine Act, Section
286.011, Florida Statutes (1979), did not apply to
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida
Godwin seeks certiorari review of 1 Section
286.011, Florida Statutes, is "commonly known
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
attorney hold a closed-door meeting pursuant to section
286.011(8), Florida Statutes, when discussing a workers'
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
requirements of the Government in the Sunshine Law, section
286.011, Florida Statutes. However, you question whether
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
board is physically present at the meeting? Section
286.011(1), Florida Statutes, Florida's Government-in-the-Sunshine
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4318605
commissions, state agencies, and the like. See §
286.011, Fla. Stat. (2017)1; see also Art. I, § 23, Fla
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
Question One The Government in the Sunshine Law, section
286.011, Florida Statutes, requires that meetings of
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
exempt from the open meetings requirement of section
286.011, Florida Statutes? In sum: In the absence of
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
promptly recorded and open to public inspection. Section
286.011(2), F.S. In order to ensure that the minutes
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
negates an action taken by the advisory body. Section
286.011, F.S.; Town of Palm Beach, supra, at 9. Since
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
offered to provide greater public access. Section
286.011, Florida Statutes, Florida's Government in
CopyPublished | District Court of Appeal of Florida
governmental board and its attorney pursuant to section
286.011(8) to discuss settlement and litigation strategy
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
districts.1 The Government in the Sunshine Law, section
286.011(1), Florida Statutes, provides: "All meetings
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
board attorney, confidential. Question One Section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
substantially the following questions: 1) Does section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
a board or commission within the scope of section
286.011, Florida Statutes, and meetings of the board
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
meetings of the community standards committee. Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
nominating three persons to the Governor. Section
286.011, F.S., the Government in the Sunshine Law,
CopyPublished | District Court of Appeal of Florida
one alleged violations of the Sunshine Law, section
286.011, Florida Statutes (2016), in the selection
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
The Florida Government in the Sunshine Law, section
286.011(1), Florida Statutes, provides: "All meetings
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General (gh) 1 Section
286.011(1), F.S. 2 See, Times Publishing Company v
CopyPublished | Court of Appeals for the Eleventh Circuit
argument that the Florida Sunshine Law, Fla. Stat. §
286.011(1), prevented the Board from delegating authority
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
be widely publicized. (Emphasis supplied.) Section
286.011, F. S., commonly known as the "Sunshine Law
CopyPublished | District Court of Appeal of Florida
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
AGO's 86-21, 82-47], and s. 230.23(1), F.S. Section
286.011(2), F.S., expressly provides that "[t]he minutes
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2450, 1987 Fla. App. LEXIS 10683
action was taken in violation of the Sunshine Law, §
286.011, Fla Stat. Plaintiff lost his case, primarily
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
time. The Government in the Sunshine Law, section
286.011, Florida Statutes, provides in pertinent part:
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
of claims arising out of the same incident. Section
286.011, F.S., the Government in the Sunshine Law provides:
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
of compromise filed with the program from section
286.011, Florida Statutes, and section 24(b), Article
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
are exempt from Florida's open meetings law, section
286.011, Florida Statutes, and section 24(b), Article
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
subject to the open meetings requirement of section
286.011, Florida Statutes, Florida's Government in
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
Sunshine Law. I concur in such a conclusion. Section
286.011(1), F.S., the Government in the Sunshine Law
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
will be related back to the governing body. Section
286.011(1), F.S., known as the Florida Government in
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
Government in the Sunshine Law, s.
286.011, F.S.? Section
286.011, F.S., requires that "[a]ll meetings of any
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
meetings open to the public at all times. . . . [Section
286.011(1), F. S.; emphasis supplied.] The Broward
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
light of the Government in the Sunshine Law, section
286.011, Florida Statutes, may the City Commission
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
proceedings pursuant to section
286.011(8), Florida Statutes? In sum: Section
286.011(8), Florida Statutes
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, has been applied to any
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
substantially the following question: Does section
286.011, Florida Statutes, apply to orientations given
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
application of the Government in the Sunshine Law, section
286.011, Florida Statutes, to public meetings of boards
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
Review Board of the City of Orlando? SUMMARY: Section
286.011, F.S., Florida's Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
the following question: Is it a violation of section
286.011, Florida Statutes, for elected city commissioners
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law. Section
286.011(1), F.S., provides in pertinent part:
CopyPublished | District Court of Appeal of Florida | 98 L.R.R.M. (BNA) 2673, 1978 Fla. App. LEXIS 16010
relative to collective bargaining are exempt from Section
286.011 and need not be held in the “sunshine”. Section
0 red0 yellow0 green0 procedural
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
section 24(b), Florida Constitution, and section
286.011, Florida Statutes? 2. Are the records of the
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Sunshine may apply in light of their attendance. Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
governed by the Government in the Sunshine Law, section
286.011, Florida Statutes? In sum: The Board of Directors
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
submitted to the council for its approval. Section
286.011, F. S., commonly known as the Government in
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
notwithstanding the provisions of Ch. 119. Section
286.011(1), F. S., Florida's Government-in-the-Sunshine
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
following questions: 1. Is it a violation of section
286.011, Florida Statutes, for an individual school
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
Question Two — Government in the Sunshine Law Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
town mayor and a member of the town council. Section
286.011, F.S., in pertinent part, provides: (1)
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
any local government or connected therewith. Section
286.011(1) provides: All meetings of any board
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
relative to collective bargaining are exempt from section
286.011, Florida Statutes, and need not be open to
CopyPublished | District Court of Appeal of Florida
before a grand jury in September 2017. 1 §
286.011, Fla. Stat. At the time, Hatfield’s direct
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
meetings of the board must be open to the public. Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
program. The Government in the Sunshine Law, section
286.011, Florida Statutes, requires that meetings of
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
the council, subject to the provisions of section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
bargaining agent must be in compliance with section
286.011, Florida Statutes. However, all work products
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
outside the Government in the Sunshine Law, section
286.011, Florida Statutes, since they are attended
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
requirements of Chapter 119, Florida Statutes, and section
286.011, Florida Statutes, even though the charter
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
a claim, such proceedings are exempt from section
286.011, Florida Statutes, and the minutes of such
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
decisionmaking process and is, therefore, subject to section
286.011, Florida Statutes. Resolution No. 93-783 provides
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
substantially the following question: Would section
286.011, Florida Statutes, apply to communications
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
committee comply with the requirements of section
286.011, Florida Statutes? In sum: The Sanibel Vegetation
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
on the board of directors of the coalition. Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
the presiding officer at council meetings. Section
286.011, F. S., commonly known as the Government in
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
performance or hindering law enforcement. Section
286.011, F.S., Florida's Government-in-the-Sunshine
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
foundation is concerned about the applicability of section
286.011, Florida Statutes, to the foundation's activities
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
state, county, or municipal boards, while section
286.011, Florida Statutes, is applicable to the state
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
acquisition decisions will be made by the Board." Section
286.011, F.S., Florida's Government in the Sunshine
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 18952
held in accordance with the provisions of Section
286.011, Florida Statutes, and at said meeting official
CopyPublished | Court of Appeals for the Eleventh Circuit | 1989 WL 61256
the State Board of Education. . Fla.Stat.Ann. §
286.011 (West 1988).
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
section
408.033, Florida Statutes, subject to section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
requirements of the Government in the Sunshine Law.8 Section
286.011, F.S., states that all meetings of public boards
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
substantially the following question: Does section
286.011, Florida Statutes, the Florida Government in
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law, section
286.011, Florida Statutes? From the information accompanying
CopyAgo (Fla. Att'y Gen. 1982).
Published | Florida Attorney General Reports
Your question is answered in the negative. Section
286.011(2), F.S., of the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
by an MPO are subject to the provisions of section
286.011, Florida Statutes, Florida's "Government in
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
otherwise be present for the public meeting. Section
286.011, Florida Statutes, Florida's Government-in-theSunshine
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
body in a closed-door meeting pursuant to section
286.011(8), Florida Statutes, what matters may be discussed
CopyPublished | District Court of Appeal of Florida
is Florida’s “Sunshine Law,” codified at section
286.011, Florida Statutes (2020). Subsection (1) of
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
action by the board. AS TO QUESTION 4(a): Section
286.011(1), F. S., of the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
Harris Act conduct a closed meeting pursuant to section
286.011(8), Florida Statutes, to discuss settlement
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
administrative direction and guidance to the committee. Section
286.011, F.S., Florida's Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1981).
Published | Florida Attorney General Reports
meetings need not be held in the sunshine. Section
286.011, F.S., otherwise known as the Sunshine Law
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
written examinations closed to the public.' Section
286.011(1), F. S., in relevant part, provides:
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, provides that "[a]ll meetings
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
Florida Statutes, and the Open Meetings Law in section
286.011, Florida Statutes.11 Moreover, for purposes
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
applicable to meetings of the grievance committee. Section
286.011, F.S., provides in pertinent part: (1)
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
settlement has not been concluded for purposes of section
286.011(8), Florida Statutes, and a transcript of meetings
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
to conduct business. Questions One and Two Section
286.011(1), F.S., Florida's Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
minutes, or approve the minutes as corrected. Section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
the Government in the Sunshine Law? 2. Is section
286.011(8), Florida Statutes, requiring an entity's
CopyPublished | District Court of Appeal of Florida
Florida's Government in the Sunshine Law. F.S. §
286.011 (1971). We are obliged to determine the current
0 red0 yellow0 green0 procedural
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
board's use. The Government in the Sunshine Law, section
286.011, Florida Statutes, requires that meetings of
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Sunshine Law. The Government in the Sunshine Law, section
286.011, Florida Statutes (1993), has been interpreted
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
such agencies are not generally subject to section
286.011, Florida Statutes.5 In determining whether
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
program. The Government in the Sunshine Law, section
286.011, Florida Statutes, requires that meetings of
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
confidential by statute. AS TO QUESTION 3: Section
286.011(1), F.S., the Government in the Sunshine Law
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
not-for-profit economic development council subject to section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
evidence must be conducted in the Sunshine. Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
pursuant to section
286.011(8), Florida Statutes, be made during a special meeting? Section
286.011, Florida
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
available to the public in accordance with section
286.011, Florida Statutes, Article I, section 24(b)
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
parent or guardian, or the pupil, if qualified. Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law. Section
286.011, F.S., Florida's Government in the Sunshine
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18869
sufficient public notice under the “sunshine law,” Section
286.011, Florida Statutes. We hold, as a matter of
0 red0 yellow0 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 279, 1985 Fla. App. LEXIS 12168
refused to hold that parties had a right under section
286.011 to tape-record negotiation sessions but instead
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
discussed were confidential and exempt from section
286.011, Florida Statutes, and Article I, section 24(b)
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
bargaining, in closed session and exempt from section
286.011, Florida Statutes? 2. May the school board
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
substantially the following questions: 1. Does section
286.011(8), Florida Statutes, authorize the attendance
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
discuss settlement negotiations pursuant to section
286.011(8), Florida Statutes. The general counsel's
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, states: "All meetings of
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
requirements of section
286.011, Florida Statutes. Florida's Government in the Sunshine Law, section
286.011, Florida
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law, section
286.011, Florida Statutes? In sum: The Board of Trustees
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
A. Butterworth Attorney General RAB/tjw 1 Section
286.011(1), F.S. 2 See, Town of Palm Beach v. Gradison
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
decision-making process and is, therefore, subject to section
286.011, Florida Statutes.7 A review of Chapter 01-246
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
to the city commission for final approval. Section
286.011, Florida Statutes, Florida's Government in
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
group from the ambit of the Sunshine Law. Section
286.011, Florida Statutes, Florida's Government in
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
County Fire Commissioner's Forum subject to section
286.011, Florida Statutes? 2. Are meetings of the Forum
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
that the Miami River Commission is subject to section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
governmental units in its service delivery area. Section
286.011(1), F.S. provides: All meetings of any
CopyPublished | District Court of Appeal of Florida
by 24 hours or as otherwise permitted by section
286.011[,] Florida Statutes[,] if unable to reach
CopyPublished | District Court of Appeal of Florida | 15 Educ. L. Rep. 1401, 1984 Fla. App. LEXIS 11679
due attorney’s fees and costs as provided by section
286.011(4) and in further explication adopt as our
CopyAgo (Fla. Att'y Gen. 2011).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes? In sum: 1. The Biscayne
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law, section
286.011, Florida Statutes. That statute requires that
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 325, 1986 Fla. App. LEXIS 6147
is subject to “Government In The Sunshine,” section
286.011, in the conduct of its business (1976 Op. Att’y
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
is under the purview of the Sunshine Law. Section
286.011(2) requires that the minutes of a meeting held
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, states: All meetings of
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Government in the Sunshine/Public Meetings Section
286.011, Florida Statutes, has three requirements:
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
would be in violation of the Sunshine Law. Section
286.011(1), Florida Statutes, Florida's Government
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
commissioners held pursuant to section
286.011(8), Florida Statutes? In sum: Section
286.011(8), Florida Statutes
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 486, 1985 Fla. App. LEXIS 14081
agreements under the Sunshine Law in Count III. §
286.011, Fla.Stat. (1988). The Aviation Authority is a
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
brought before the board for consideration. Section
286.011, F.S., Florida's Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
Board. The Government in the Sunshine Law, section
286.011, Florida Statutes, requires that all meetings
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
provisions of the Government in the Sunshine Law, section
286.011, Florida Statutes.1 These boards address a
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
various levels of this proposed structure. Section
286.011, Florida Statutes, Florida's Government in
CopyPublished | District Court of Appeal of Florida
for Responsible Gov’t, 48 So. 3d at 761. Section
286.011(2), Florida Statutes (2021), states: “The minutes
CopyPublished | District Court of Appeal of Florida
Florida's Government in the Sunshine Law, section
286.011 (2012). On Wright's motion for summary
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
questions and maintaining examination security. Section
286.011, F. S., the `Government in the Sunshine Law'
CopyAgo (Fla. Att'y Gen. 2006).
Published | Florida Attorney General Reports
requirements of Chapter 119, Florida Statutes, and section
286.011, Florida Statutes).
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
the activities of the board."2 Question One Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law, section
286.011, Florida Statutes? You state that under the
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
the Public Records Act, and Florida Statutes Section
286.011, Laws of Florida 1984, commonly known as the
CopyPublished | Florida 4th District Court of Appeal
to be heard before taking official action. See §
286.011(1), Fla. Stat. (2016). The Sunshine Law also requires
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
in a discussion or debate among themselves. Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
the school improvement plan." Pursuant to section
286.011(1), Florida Statutes, "[a]ll meetings of any
CopyAgo (Fla. Att'y Gen. 1983).
Published | Florida Attorney General Reports
State v. Strickland,
166 So. 313 (Fla. 1936). Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
being in clear violation of the Sunshine Law, section
286.011, Florida Statutes, if reasonable public notice
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, ensures a right of access
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
is physically present at the meeting site. Section
286.011(1), Florida Statutes, Florida's Government-in-the-
CopyPublished | District Court of Appeal of Florida
considered confidential under the guidelines of Section
286.011(8), F.S. have not been included as that information
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
• Meetings will be noticed as required by section
286.011, Florida Statutes. • Meetings will last exactly
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
scope of the Government in the Sunshine Law, section
286.011, Florida Statutes, and Florida's Public Records
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
Government in the Sunshine and Public Records Laws, section
286.011 and Chapter 119, Florida Statutes, when it
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
acquisition. The Government in the Sunshine Law, section
286.011(1), Florida Statutes, provides: "All meetings
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
provided in s. 119.16, F.S. AS TO QUESTION 1: Section
286.011, F.S., the Government in the Sunshine Law,
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
opinion on the following question: Pursuant to section
286.011(8), Florida Statutes, may qualified interpreters
CopyPublished | District Court, S.D. Florida | 1969 U.S. Dist. LEXIS 10378
capricious and also as taken in violation of Florida Statute
286.011, F.S.A., known as the “government in the
0 red0 yellow0 green0 procedural
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, provides that all meetings
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
personal property under s.
125.35, F.S. 8 Cf., Section
286.011, F.S., Florida's Sunshine Law, which requires
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
political subdivision. . . ."6 In interpreting section
286.011, Florida Statutes, the courts have stated that
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
district created pursuant to special act? In sum: Section
286.011(8), F.S., effective June 30, 1993, which exempts
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15204
plaintiffs [appellants] with a violation of Section
286.011, Florida Statutes. “(f) That the defendant
0 red0 yellow0 green0 procedural
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes, provides that all meetings
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
Palm Beach County may, in accordance with section
286.011(8), Florida Statutes, enter into closed attorney-client
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
provisions of the Government in the Sunshine Law, section
286.011, Florida Statutes. Sincerely, Charlie Crist
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
Government-in-the-Sunshine Law, s.
286.011, F.S. Section
286.011, F.S., provides that all meetings of any board
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
of nondisruptive video recording devices. Section
286.011, F.S., Florida's Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
Pines hold an attorney-client session under section
286.011(8), Florida Statutes, to discuss pending litigation
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
substantially the following question: Does section
286.011(8), Florida Statutes, authorize a city council
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
Florida's Government in the Sunshine Law, section
286.011, Florida Statutes? In sum: 1. Since the city
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 7087
thereof inasmuch as an alleged violation of F.S. Section
286.011(1), F.S.A., is involved. We have compared the
0 red0 yellow0 green0 procedural
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
also specifically requires compliance with section
286.011, Florida Statutes, relating to public meetings
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
Dear Ms. Echeverri: You ask: Does section
286.011, Florida Statutes, apply to special magistrates appointed
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
The Florida Government in the Sunshine Law, section
286.011(1), Florida Statutes, provides: "All meetings
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
chapter 119, Florida Statutes. Question Two Section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
the system.10 Government in the Sunshine Law Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
subject to the Government in the Sunshine Law? Section
286.011(1), Florida Statutes, the Government in the
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
action," within the meaning of the act.10 Section
286.011, F.S., therefore, has been construed to apply
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
been officially approved by the city council. Section
286.011, F.S., requires that minutes of a board or
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
comments and performance memorandum violate section
286.011, Florida Statutes? In sum: 1. The written comments
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
operate to conclude litigation for purposes of section
286.011(8), Florida Statutes, allowing a plaintiff
CopyPublished | District Court of Appeal of Florida
mediation communications with the requirements of section
286.011(8), the trial court was led astray by the
CopyPublished | District Court of Appeal of Florida
Parris and Gilliams were charged with violating section
286.011, Florida Statutes (2019), commonly referred
CopyPublished | District Court of Appeal of Florida
was convicted of three counts of violating section
286.011, Florida Statutes (2019), commonly referred
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
Commissioner. GOVERNMENT IN THE SUNSHINE LAW Section
286.011, Florida Statutes, the Government in the Sunshine
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
with individual members of the city council. Section
286.011, F.S., the Government-in-the-Sunshine Law,
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
open meetings requirement of s.
286.011, F.S. Section
286.011(1), F.S., provides: All meetings of any
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
at all times . . . . (Emphasis supplied.) Section
286.011, F. S., has been said to be applicable to and