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Florida Statute 286.011 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS
Chapter 286
PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS
View Entire Chapter
F.S. 286.011
286.011 Public meetings and records; public inspection; criminal and civil penalties.
(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney’s fee against such agency, and may assess a reasonable attorney’s fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney’s fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission.
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney’s fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met:
(a) The entity’s attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter’s notes shall be fully transcribed and filed with the entity’s clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
History.s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353; s. 2, ch. 2012-25.

F.S. 286.011 on Google Scholar

F.S. 286.011 on Casetext

Amendments to 286.011


Arrestable Offenses / Crimes under Fla. Stat. 286.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

S286.011 3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 9777 - M: S
S286.011 3b - PUBLIC ORDER CRIMES - PUBLIC MEETING LAW VIOLATION - M: S
S286.011 3c - PUBLIC ORDER CRIMES - CONDUCT OUT OF STATE PUBLIC MEETING LAW VIOL - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

DETTELBACH, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 261 So. 3d 676 (Fla. App. Ct. 2018)

. . . request with the following qualifier: "Documents considered confidential under the guidelines of Section 286.011 . . . the Board of Veterinary Medicine-may be excluded from public review under the guidelines of Section 286.011 . . . Three days later, the Department responded to the show cause order, conceding that section 286.011(8) . . . asserted that the document was an attorney-client communication exempt from disclosure under section 286.011 . . . (8), Florida Statutes (2015), it subsequently conceded that section 286.011(8) was not applicable. . . .

TUSCOLA WIND III, LLC, v. ALMER CHARTER TOWNSHIP,, 327 F. Supp. 3d 1028 (E.D. Mich. 2018)

. . . . § 286.011 (1969). . . . Stat. § 286.011. The Rhode Island open meetings law has been interpreted similarly. . . .

TRANSPARENCY FOR FLORIDA, v. CITY OF PORT ST. LUCIE,, 240 So. 3d 780 (Fla. App. Ct. 2018)

. . . The Sunshine Law, section 286.011(1), Florida Statutes (2012), states: All meetings of any board or commission . . . Section 286.011(1), Florida Statutes (2012), provides that "[t]he board or commission must provide reasonable . . .

CITY OF ST. PETERSBURG, v. WRIGHT,, 241 So. 3d 903 (Fla. App. Ct. 2018)

. . . Petersburg's city council had violated Florida's Government in the Sunshine Law, section 286.011 (2012 . . . Section 286.011(1), Florida Statutes (2011), mandates: All meetings of any board or commission of any . . . Section 286.011(8) states in pertinent part: Notwithstanding the provisions of subsection (1), any board . . . related to litigation expenditures," as required by the Sunshine Law exemption set forth in section 286.011 . . .

A. CARLSON, v. STATE, 227 So. 3d 1261 (Fla. Dist. Ct. App. 2017)

. . . See § 286.011, Fla. Stat. (2017); see also Art. I, § 23, Fla. Const. . . . serious business: not only is there criminal liability for officials who knowingly disregard it, e.g., § 286.011 . . . Stat. (2017), but also Florida law provides that “where officials have violated section 286.011, the . . . Cf. § 286.011(1), Fla. . . . Courts commonly refer to Section 286.011, Florida Statutes, as the “Government in the Sunshine Law.” . . .

MCDONOUGH, v. FERNANDEZ- RUNDLE,, 862 F.3d 1314 (11th Cir. 2017)

. . . . § 286.011 (2012) (Florida’s Government in the Sunshine Law). . . .

NATIONAL COUNCIL ON COMPENSATION INSURANCE, v. F. FEE, Jr., 219 So. 3d 172 (Fla. Dist. Ct. App. 2017)

. . . Fee alleged that (1) NCCI violated the Sunshine Law, section 286.011, Florida Statutes (2016), by failing . . . -Section-286.011, Florida Statutes ■ Fee also argued, and the trial court found, that NCCI violated the . . . Section 286.011, Florida Statutes (2015), requires “[a]ll meetings of any board or commission of any . . . Thus, Fee’s argument under section 286.011 fails. in. . . . This statute provides as follows: “Section 286.011 shall be applicable to every rate filing, approval . . .

LOZMAN, v. CITY OF RIVIERA BEACH, a, 681 F. App'x 746 (11th Cir. 2017)

. . . . § 286.011(8). . . .

ALLEN, v. UNITED FACULTY OF MIAMI DADE COLLEGE, FEA, AFL- CIO, AFT, 197 So. 3d 604 (Fla. Dist. Ct. App. 2016)

. . . Richard, violated Florida’s- Sunshine Law, section 286.011, Florida Statdtes (2015), by not allowing . . . Law allegation, the General Counsel dismissed this portion of the charge, determining that section 286.011 . . . See § 286.011(2)-(4), Fla. Stat. (2015); Cent. Fla. Prof'l Fire Fighters Ass’n, Local 2057 v. . . .

SCHOOL BOARD OF MIAMI- DADE COUNTY, v. C. A. F. S. R. F. J. H. F., 194 So. 3d 493 (Fla. Dist. Ct. App. 2016)

. . . Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569, 120.57, and 286.011 . . .

RIBAYA, v. BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN CITY OF TAMPA,, 162 So. 3d 348 (Fla. Dist. Ct. App. 2015)

. . . In his complaint, he alleged a violation of subsection 286.011(1), Florida Statutes (2012), often called . . . Section 286.011 creates broad public access to governmental meetings. . . . But section 286.011 does not contain an express right of action. . . . In effect, the litigant alleges a claim under section 286.011 and seeks a remedy under chapter 86. . . . Ribaya was or was not a ■violation of section 286.011. . . .

CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY, d b a v. POST- NEWSWEEK STATIONS, INC. d b a WKMG- TV, 157 So. 3d 401 (Fla. Dist. Ct. App. 2015)

. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .

BROWN v. DENTON,, 152 So. 3d 8 (Fla. Dist. Ct. App. 2014)

. . . Florida Statutes (2013), were conducted in violation of Florida’s Sunshine Law as codified in section 286.011 . . . Const.; § 286.011, Fla. Stat. (2013). . . . his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.011 . . . See § 286.011(2), Fla. . . .

ANDERSON, v. CITY OF ST. PETE BEACH, a St., 161 So. 3d 548 (Fla. Dist. Ct. App. 2014)

. . . Marvin Shavian, and James Parent; and Mayor Steve McFarlin on his claim that they violated section 286.011 . . . his claim that the appellees violated article I, section 24 of the Florida Constitution and section 286.011 . . . Section 286.011(8) creates an exemption to the Sunshine Law for meetings between a public body and its . . . out that responsibility for a violation can include criminal and noncriminal penalties under section 286.011 . . . A “shade meeting” is a meeting held pursuant to section 286.011(8), which creates an exemption to the . . .

A. CHMIELEWSKI J. v. CITY OF ST. PETE BEACH, a, 161 So. 3d 521 (Fla. Dist. Ct. App. 2014)

. . . lawsuit, the City engaged in private discussions with its counsel under procedures specified in section 286.011 . . . Section 286.011(8) provides a limited exception: (8) Notwithstanding the provisions of subsection (1) . . . City of Vero Beach, 722 So.2d 891 (Fla. 4th DCA 1998) (addressing the Sunshine Law, section 286.011); . . . of Dania Beach, 823 So.2d 167 (Fla. 4th DCA 2002) (applying the same standard of review to section 286.011 . . .

A. L. P. L. B. P. L. B. N. v. JACKSON COUNTY SCHOOL BOARD,, 127 So. 3d 758 (Fla. Dist. Ct. App. 2013)

. . . the State Board of Education to disavow or reverse the exemption from sections 120.659, 120.57 and 286.011 . . . , when it provides: “Such hearings are exempt from ss. 120.569, 120.57, and 286.011, except to the extent . . . subparagraph expressly provides, in part, that due process hearings “are exempt from ss. 120.569, 120.57, and 286.011 . . .

J. HERRIN, v. CITY OF DELTONA,, 121 So. 3d 1094 (Fla. Dist. Ct. App. 2013)

. . . ECARD filed a complaint for declaratory and injunctive relief, alleging that the City violated section 286.011 . . . The board or commission must provide reasonable notice of all such meetings. § 286.011, Fla. . . .

UCF ATHLETICS ASSOCIATION INC. v. PLANCHER, 121 So. 3d 1097 (Fla. Dist. Ct. App. 2013)

. . . board of directors meetings and holds them in public, consistent with Florida’s Sunshine Law, section 286.011 . . .

MARINO, v. UNIVERSITY OF FLORIDA,, 107 So. 3d 1231 (Fla. Dist. Ct. App. 2013)

. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .

CITIZENS FOR SUNSHINE, INC. a v. SCHOOL BOARD OF MARTIN COUNTY,, 125 So. 3d 184 (Fla. Dist. Ct. App. 2013)

. . . Further, section 286.011(1), Florida Statutes (2012), provides, in pertinent part: All meetings of any . . . The board or commission must provide reasonable notice of all such meetings. § 286.011(1), Fla. . . .

G. G. v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 97 So. 3d 268 (Fla. Dist. Ct. App. 2012)

. . . legislature may, by general law, exempt certain records from the “access requirements of s. 119.07(1), s. 286.011 . . .

WOLLSCHLAEGER, v. FARMER,, 880 F. Supp. 2d 1251 (S.D. Fla. 2012)

. . . . § 286.011 until ten days after the panel has found probable cause. . . .

GRAPSKI v. CITY OF ALACHUA,, 134 So. 3d 987 (Fla. Dist. Ct. App. 2012)

. . . applied an overly narrow interpretation of the Sunshine Law’s fee shifting statutes, sections 119.12 and 286.011 . . . emphasis supplied) as this court directed when it granted attorney’s fees pursuant to sections 119.12 and 286.011 . . .

MIAMI ASSOCIATION OF FIREFIGHTERS LOCAL v. CITY OF MIAMI,, 87 So. 3d 93 (Fla. Dist. Ct. App. 2012)

. . . 447.403, 447.4095, Florida Statutes (2010), and by conducting a shade meeting in violation of section 286.011 . . .

CITY OF RIVIERA BEACH, v. THAT CERTAIN UNNAMED GRAY, TWO- STORY VESSEL APPROXIMATELY FIFTY- SEVEN FEET IN LENGTH,, 649 F.3d 1259 (11th Cir. 2011)

. . . . § 286.011, because the public was only given one day’s notice of the meeting. . . .

PAUL JACQUIN SONS, INC. a v. CITY OF PORT ST. LUCIE, a, 69 So. 3d 306 (Fla. Dist. Ct. App. 2011)

. . . requirements of section 255.20(l)(c)9., Florida Statutes, and conduct a public meeting pursuant to section 286.011 . . . government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 286.011 . . . future invitations to bid, we emphasize that the City must conduct a public meeting pursuant to section 286.011 . . . Section 286.011(1), Florida Statutes (2009), provides: “All meetings of any board or commission of any . . .

SARASOTA CITIZENS FOR RESPONSIBLE GOVERNMENT, v. CITY OF SARASOTA,, 48 So. 3d 755 (Fla. 2010)

. . . Because section 286.011 “was enacted in the public interest to protect the public from ‘closed door’ . . . Therefore, where officials have violated section 286.011, the official action is void ab initio. . . . Advisory committees functioning as fact-finders or information gatherers are not subject to section 286.011 . . . 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 . . .

BOARD OF TRUSTEES OF THE CITY OF DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, v. CITIGROUP GLOBAL MARKETS INC. f. k. a., 622 F.3d 1335 (11th Cir. 2010)

. . . . § 286.011(1), prevented the Board from delegating authority because, under that law, all decisions . . .

LOG CREEK, L. L. C. v. KESSLER,, 717 F. Supp. 2d 1239 (N.D. Fla. 2010)

. . . Kessler for injunctive relief as a result of violating § 286.011, Florida Statutes, the open-meeting . . . Kessler at the helm, violated Florida’s open-meeting law, § 286.011, Florida Statutes. . . .

H. KEESLER v. COMMUNITY MARITIME PARK ASSOCIATES, INC., 32 So. 3d 659 (Fla. Dist. Ct. App. 2010)

. . . In granting summary judgment, the trial court found that section 286.011(1), Florida Statutes (the Sunshine . . . The board or commission must provide reasonable notice of all such meetings. § 286.011(1), Fla. . . .

GRAPSKI v. CITY OF ALACHUA,, 31 So. 3d 193 (Fla. Dist. Ct. App. 2010)

. . . Count Two, the open meeting claim, alleged violations of section 286.011, Florida Statutes (2006), known . . . procedure did not violate chapter 286, Florida Statutes, and denied appellants’ claim under section 286.011 . . . (stating that reasonable notice is necessary for a public meeting to be truly public under section 286.011 . . . Section 286.011(2), Florida Statutes (2006), states “[t]he minutes of a meeting of any such board or . . . Because, and to the extent, the City violated section 286.011(2), Florida Statutes (2006), by failing . . .

PALM BEACH COUNTY ENVIRONMENTAL COALITION, v. FLORIDA,, 651 F. Supp. 2d 1328 (S.D. Fla. 2009)

. . . 373.013, et seq., Florida Statutes, the Florida Water Resources Act (FWRA); (6) Violation of Section 286.011 . . . Act, Section 373.013, Florida Statutes; (2) violation of the Government in the Sunshine Laws, Section 286.011 . . . [DE 13, ¶ 177], Count VI alleges violations of Section 286.011, Florida Statutes, Government in the Sunshine . . . resolution, rule or formal action shall be considered binding except is taken or made at such meeting.” § 286.011 . . .

In AMENDMENTS TO THE RULES REGULATING THE FLORIDA BAR- RULES AND, 11 So. 3d 343 (Fla. 2009)

. . . institution before any governmental organization in a formal public meeting (Sunshine Meeting under § 286.011 . . .

J. McDOUGALL, J. v. C. CULVER, P. A. R. W., 3 So. 3d 391 (Fla. Dist. Ct. App. 2009)

. . . of Lee County, appeals a final judgment finding that his office violated the Florida Sunshine Law, § 286.011 . . . Section 286.011(1) provides as follows: All meetings of any board or commission of any state agency or . . . decision-making authority so as to constitute a “board” or “commission” within the meaning of section 286.011 . . .

R. FINCH SC. v. SEMINOLE COUNTY SCHOOL BOARD,, 995 So. 2d 1068 (Fla. Dist. Ct. App. 2008)

. . . As they did in the trial court, the appellants argue that the School Board violated section 286.011, . . . formally adopting and implementing the advertised rezoning plan for failing to comply with section 286.011 . . . Section 286.011 provides that unless otherwise excepted, all meetings of any board or commission of any . . . appellants contend that the trial court erred when it found that the bus trip did not violate section 286.011 . . . to make recommendations it is participating in the decision making process and is subject to section 286.011 . . .

PALM BEACH COUNTY ENVIRONMENTAL COALITION, v. FLORIDA,, 587 F. Supp. 2d 1254 (S.D. Fla. 2008)

. . . (“RHA”) (Count IV); violations of Section 373.013, Florida Statutes (Count V); violation of Section 286.011 . . .

DASCOTT, v. PALM BEACH COUNTY, a, 988 So. 2d 47 (Fla. Dist. Ct. App. 2008)

. . . the trial court found that a party who prevails in an action for wrongful termination under section 286.011 . . . Dascott’s termination violated sections 286.011(2),(4) of the Sunshine Act. . . . See § 286.011 Fla. Stat. (2002). Affirmed. SHAHOOD, C.J., and KLEIN, J., concur. . . . . violation of this section, the court shall assess a reasonable attorney's fee against such agency.... 286.011 . . .

BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, E. Sr. v. H. COLBY,, 976 So. 2d 31 (Fla. Dist. Ct. App. 2008)

. . . See § 286.011, Fla. . . .

CONTINENTAL CASUALTY COMPANY, v. CITY OF JACKSONVILLE,, 550 F. Supp. 2d 1312 (M.D. Fla. 2007)

. . . Under Florida law, such a meeting is authorized pursuant to section 286.011(8), Florida Statutes. . . . .

P. J. S. III, a v. SCHOOL BOARD OF CITRUS COUNTY,, 951 So. 2d 53 (Fla. Dist. Ct. App. 2007)

. . . further provides that such hearings “shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011 . . .

JACKSON- SHAW COMPANY, v. JACKSONVILLE AVIATION AUTHORITY, a, 510 F. Supp. 2d 691 (M.D. Fla. 2007)

. . . . § 286.011(1), because JAA staff and Majestic executives met seriatim with JAA Board members in November . . .

L. PENOYER, v. D. BRIGGS, B. M., 206 F. App'x 962 (11th Cir. 2006)

. . . . § 286.011 (2001), and that changes to Florida’s parole laws violated the Ex Post Facto clause of the . . .

C. BAKER, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 937 So. 2d 1161 (Fla. Dist. Ct. App. 2006)

. . . investigative process and probable cause determination, alleging that Department failed to comply with section 286.011 . . .

JORDAN, v. JENNE, II,, 938 So. 2d 526 (Fla. Dist. Ct. App. 2006)

. . . Jordan alleged a violation of Florida’s Sunshine Act under section 286.011, Florida Statutes, and Article . . . provisions of Florida’s Sunshine Law are Article I, section 24(b) of the Florida Constitution and section 286.011 . . . Section 286.011 provides as follows: All meetings of any board or commission of any state agency or authority . . . discipline and termination was a “board” or “commission” within the meaning of the Sunshine Act, section 286.011 . . . decision-making authority so as to constitute a “board” or “commission” within the meaning of section 286.011 . . . Therefore, the PSC constituted a board or commission within the meaning of section 286.011, because it . . .

CHILDERS, v. STATE, 936 So. 2d 619 (Fla. Dist. Ct. App. 2006)

. . . did unlawfully and knowingly attend a meeting not held in accordance with the provisions of Section 286.011 . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 927 So. 2d 961 (Fla. Dist. Ct. App. 2006)

. . . Pursuant to this provision, the legislature enacted section 286.011(1), Florida Statutes, which subjects . . . Sunshine Law,” refers collectively to Article I, section 24(b) of the Florida Constitution and section 286.011 . . . Neither article I, section 24(b) nor section 286.011(1) use the "acting on behalf of” language used in . . .

DEININGER F. III, v. PALM BEACH COUNTY FLORIDA, a, 922 So. 2d 1102 (Fla. Dist. Ct. App. 2006)

. . . (Fla. 4th DCA 2004), this court held that there was a violation of Florida’s Sunshine Act, section 286.011 . . .

J. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 922 So. 2d 405 (Fla. Dist. Ct. App. 2006)

. . . Section 286.011(1), Florida Statutes, provides: All meetings of any board or commission of any state . . .

A. THOMPSON, v. NAPOTNIK,, 923 So. 2d 537 (Fla. Dist. Ct. App. 2006)

. . . OTHER CITY COMMISSIONERS THE CLOSING OF TRAILER CITY IN VIOLATION OF FLORIDA’S SUNSHINE LAW, SECTION 286.011 . . .

SOUTHERN COATINGS, INC. v. CITY OF TAMARAC,, 916 So. 2d 19 (Fla. Dist. Ct. App. 2005)

. . . complaint included a count claiming violation of Florida’s Government in the Sunshine Law, section 286.011 . . .

THE FLORIDA BAR, v. COMMITTE,, 916 So. 2d 741 (Fla. 2005)

. . . Motions Committe first claims that the grievance committee meeting of The Florida Bar violated section 286.011 . . . Hence, we reject Committe’s argument that the Bar rules regarding confidentiality violated section 286.011 . . .

STATE v. RUIZ,, 909 So. 2d 986 (Fla. Dist. Ct. App. 2005)

. . . both this state and the other jurisdiction; or (e) The conduct constitutes a knowing violation of s. 286.011 . . .

CRITICAL INTERVENTION SERVICES, INC. v. CITY OF CLEARWATER,, 908 So. 2d 1195 (Fla. Dist. Ct. App. 2005)

. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .

DASCOTT, v. PALM BEACH COUNTY, a, 877 So. 2d 8 (Fla. Dist. Ct. App. 2004)

. . . the termination decision, we conclude that the closing of the deliberations is a violation of section 286.011 . . . County is suggesting that panels meeting on whether to terminate employees are not subject to section 286.011 . . . Section 286.011(1), Florida Statutes (2002), provides: All meetings of any board or commission of any . . .

BAKER COUNTY PRESS, INC. a C. v. BAKER COUNTY MEDICAL SERVICES, INC., 870 So. 2d 189 (Fla. Dist. Ct. App. 2004)

. . . citizen of the state of Florida, filed an action under chapter 119, the Public Records Act, section 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . .

V. VERLENI, v. DEPARTMENT OF HEALTH,, 853 So. 2d 481 (Fla. Dist. Ct. App. 2003)

. . . See §§ 120.525(1), 286.011(1), Fla. Stat. (2000); see also Lyon v. . . . resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.” § 286.011 . . .

MOLINA, v. CITY OF MIAMI,, 837 So. 2d 462 (Fla. Dist. Ct. App. 2002)

. . . Appellant filed a complaint seeking injunctive and declaratory relief under section 286.011(1), Florida . . . Section 286.011 provides in part: (1) All meetings of any board or commission of any state agency or . . . that the investigations conducted by the Discharge of Firearms Review committee are ' subject to § 286.011 . . .

J. NEUMONT, v. MONROE COUNTY,, 242 F. Supp. 2d 1265 (S.D. Fla. 2002)

. . . . § 286.011, if a government meeting is properly noticed, there is no requirement that the governmental . . .

PINELLAS COUNTY SCHOOL BOARD, v. SUNCAM, INC., 829 So. 2d 989 (Fla. Dist. Ct. App. 2002)

. . . judgment which determined that the board had committed a violation of the Florida Sunshine Law, section 286.011 . . . is agreed that the board complied with all other requirements of the Florida Sunshine Law, section 286.011 . . . distracting nor disruptive, was in conflict with the public policy of the state as interpreted under s. 286.011 . . .

HOMESTEAD- MIAMI SPEEDWAY, LLC. v. CITY OF MIAMI,, 828 So. 2d 411 (Fla. Dist. Ct. App. 2002)

. . . Florida’s Sunshine Law, section 286.011(1), Florida Statutes, provides that: All meetings of any board . . .

THE JUSTICE COALITION, a v. THE FIRST DISTRICT COURT OF APPEAL JUDICIAL NOMINATING COMMISSION,, 823 So. 2d 185 (Fla. Dist. Ct. App. 2002)

. . . legislature, the governor or the judiciary, it is clear that these commissions are not subject to Section 286.011 . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 825 So. 2d 339 (Fla. 2002)

. . . Florida Statutes, to provide that a discussion or activity that is not a meeting for purposes of section 286.011 . . . new provision shall not be construed to constitute an exemption to either section 119.07 or section 286.011 . . .

BRUCKNER v. CITY OF DANIA BEACH,, 823 So. 2d 167 (Fla. Dist. Ct. App. 2002)

. . . .” § 286.011(1), Fla. Stat. (1999). . . . Section 286.011(8), Florida Stat. (1999) provides, in pertinent part, (8) Notwithstanding the provisions . . . Section 286.011(8)(b) enables a governmental entity to meet privately with its attorneys to discuss pending . . . found that the discussions held in closed session did not go beyond the strict parameters of section 286.011 . . . Therefore, the closed session held on March 13, 2000 fell within the exemption of Section 286.011(8), . . .

KNOX, v. DISTRICT SCHOOL BOARD OF BREVARD,, 821 So. 2d 311 (Fla. Dist. Ct. App. 2002)

. . . Brevard County School Board and others for alleged violations of Florida’s “Sunshine Law,” section 286.011 . . . Blackburn, and the members of the interview team seeking a declaration that the interviews violated section 286.011 . . . Thus Knox argues these interviews are governed by section 286.011 and must be open to the public. . . . Section 286.011 provides as follows: Public meetings and records; public inspection; criminal and civil . . .

FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION, v. UNITED STATES, 207 F. Supp. 2d 1344 (N.D. Fla. 2002)

. . . Const; §§ 119.07, 286.011, 627.351(6)(n)l, 2. . . .

FLORIDA INTERGOVERNMENTAL RISK MANAGEMENT ASSOCIATION, v. CITY OF GREENACRES, a, 804 So. 2d 448 (Fla. Dist. Ct. App. 2001)

. . . Section 286.011(4), Florida Statutes, requires the assessment of reasonable attorney’s fees against the . . .

S. T. S. F. v. SCHOOL BOARD OF SEMINOLE COUNTY,, 783 So. 2d 1231 (Fla. Dist. Ct. App. 2001)

. . . Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records . . .

SOUD, v. KENDALE, INC. a, 788 So. 2d 1051 (Fla. Dist. Ct. App. 2001)

. . . This meeting is in violation of Florida Statutes § 286.011. 3. . . . is precluded because Kendale is now seeking attorney’s fees at the trial court pursuant to section 286.011 . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 784 So. 2d 438 (Fla. 2001)

. . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . improperly denied its request for an award of attorney fees made pursuant to sections 119.12(2) and 286.011 . . .

FRANKENMUTH MUTUAL INSURANCE COMPANY, v. MAGAHA,, 769 So. 2d 1012 (Fla. 2000)

. . . .; § 286.011(1), Fla. Stat. (1999). . . . .” § 286.011(1), Fla. Stat. (1999); see also, e.g., Zorc v. . . .

LYON, v. LAKE COUNTY,, 765 So. 2d 785 (Fla. Dist. Ct. App. 2000)

. . . Lyon in the first count of his complaint alleges violated the sunshine law, as codified at Section 286.011 . . . Florida’s sunshine law, section 286.011, 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 . . . any state agency or authority of any county, municipal corporation, or political subdivision....” § 286.011 . . . July 11, 1996 meeting had to meet three prerequisites so as not to run afoul of the sunshine law. §§ 286.011 . . .

L. ZORC, v. O. JORDAN, 765 So. 2d 768 (Fla. Dist. Ct. App. 2000)

. . . this court concluded that closed-door meetings concerning Zorc’s airport property violated section 286.011 . . .

INDIAN RIVER COUNTY HOSPITAL DISTRICT, v. INDIAN RIVER MEMORIAL HOSPITAL, INC., 766 So. 2d 233 (Fla. Dist. Ct. App. 2000)

. . . The trial court found that the lease required IRMH, Inc. to comply with section 286.011(8), Florida Statutes . . . violated the Sunshine Law, “the court shall assess a reasonable attorney’s fee against such agency.” § 286.011 . . . is for each party to bear its own attorney’s fees because both parties are public entities, section 286.011 . . . remand this case for an award of reasonable attorney’s fees in the District’s favor pursuant to section 286.011 . . . attorney’s fees and remand for entry of attorney’s fees in the District’s favor pursuant to section 286.011 . . .

Y. DELANEY, v. SANTAFE HEALTHCARE, INC., 741 So. 2d 595 (Fla. Dist. Ct. App. 1999)

. . . .; § 286.011, Fla.Stat. . . .

LEACH- WELLS, v. CITY OF BRADENTON, a, 734 So. 2d 1168 (Fla. Dist. Ct. App. 1999)

. . . entered in favor of the City of Bradenton in her suit alleging a violation of the Sunshine Law, section 286.011 . . . See § 286.011(1), Fla. Stat. (1995). . . .

MEMORIAL HOSPITAL- WEST VOLUSIA, INC. v. NEWS- JOURNAL CORPORATION,, 729 So. 2d 373 (Fla. 1999)

. . . Likewise, in section 286.011(1), Florida Statutes (1993), the Sunshine Law designates “any board or commission . . . In construing section 286.011 in City of Miami Beach v. . . . official acts by Marston that caused the search and screening committee in Wood to come within section 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . agreement does not expressly require the lessee to comply with the requirements of s. 119.07(1) and s. 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . agreement does not expressly require the lessee to comply with the requirements of s. 119.07(1) and s. 286.011 . . .

HALIFAX HOSPITAL MEDICAL CENTER, v. NEWS- JOURNAL CORPORATION,, 724 So. 2d 567 (Fla. 1999)

. . . The defendants conceded that they were subject to section 286.011, Florida Statutes (1995), (Sunshine . . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . . OVERTON, Senior Justice, concurs in part and dissents in part with an opinion. . § 286.011, Fla. . . .

L. ZORC, v. CITY OF VERO BEACH,, 722 So. 2d 891 (Fla. Dist. Ct. App. 1998)

. . . The trial court held that the City was authorized to conduct such closed-door meetings under section 286.011 . . . Section 286.011(8), Florida Statutes (1995) provides as follows: (8) Notwithstanding the provisions of . . . Under the holding in Dunnellon, the City was in compliance with the section 286.011(8)(d), since the . . . Clearly, any conflict between the City Charter and section 286.011(8) is negated under Article VIII, . . . , the City must satisfy the conditions set forth in section 286.011(8). . . .

GREATER JACKSONVILLE TRANSPORTATION COMPANY, a a k a v. THE JACKSONVILLE PORT AUTHORITY, a k a, 12 F. Supp. 2d 1311 (M.D. Fla. 1998)

. . . Motion states, in its entirety: Plaintiff would refer this Honorable Court to Florida Statute Section 286.011 . . .

HALIFAX HOSPITAL MEDICAL CENTER, v. NEWS- JOURNAL CORPORATION,, 701 So. 2d 434 (Fla. Dist. Ct. App. 1997)

. . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . . In § 286.011(8), Florida Statutes, the legislature provided an exemption which permits closed meetings . . . The court reporting procedure in § 286.011(8) is almost identical to the one involved in the present . . . case but the legislature was far more careful in § 286.011(8) in defining the scope and duration of the . . . Thus, in § 286.011, the legislature clearly defined a limited scope and a limited duration consistent . . .

FREEMAN J. v. TIMES PUBLISHING COMPANY, a, 696 So. 2d 427 (Fla. Dist. Ct. App. 1997)

. . . . § 286.011(8), Fla. Stat. (1995). . . . The Board and its attorney concluded that section 286.011(8) permitted meetings in private to discuss . . . address this type of desegregation order when it used the term “settlement negotiations” in section 286.011 . . . litigation is outside this permanent injunction, it still must comply with the procedures in section 286.011 . . .

THE AMERICAN RECYCLING COMPANY, INC. a a v. COUNTY OF MANATEE, a, 963 F. Supp. 1572 (M.D. Fla. 1997)

. . . . § 286.011, Defendant argues summary judgment should be entered in its favor as to Count I because no . . . STAT. § 286.011. . . .

SILVER EXPRESS COMPANY, v. DISTRICT BOARD OF LOWER TRIBUNAL TRUSTEES OF MIAMI- DADE COMMUNITY COLLEGE, a, 691 So. 2d 1099 (Fla. Dist. Ct. App. 1997)

. . . Finding that the College violated section 286.011, Florida Statutes (1995), popularly known as the “Government . . . injunctions to enforce the purposes of this section upon application by any citizen of this state.” 286.011 . . . The legislative intent behind section 286.011 would be frustrated if the public’s champions are to be . . . As the purpose of actions pursuant to section 286.011(1),(2), Florida Statutes (1995) is not to secure . . . Section 286.011(1),(2), Florida Statutes (1995): "(1) All meetings of any board or commission of any . . . . § 286.011, Fla. Stat. (1995). . . . college, a bidder like Silver Express may then bring an action in circuit court pursuant to section 286.011 . . . Section 286.011 was adopted by the legislature out of respect for the common law rule recognized in Rickman . . .

LEE COUNTY, a v. F. PIERPONT J., 693 So. 2d 994 (Fla. Dist. Ct. App. 1997)

. . . have crafted a rather cunning argument built around an alleged violation of the Sunshine Law, section 286.011 . . .

E. KRISCHER, USAA v. D AMATO D, 674 So. 2d 909 (Fla. Dist. Ct. App. 1996)

. . . These discussions are confidential and exempt from the provisions of s. 286.011. . . .

LAW AND INFORMATION SERVICES, INC. a v. CITY OF RIVIERA BEACH,, 670 So. 2d 1014 (Fla. Dist. Ct. App. 1996)

. . . Section 286.011(1), Florida Statutes (1993), the “Government in the Sunshine Law,” provides that All . . .

SCHOOL BOARD OF DUVAL COUNTY, L. Ed. D. v. FLORIDA PUBLISHING COMPANY, a d b a, 670 So. 2d 99 (Fla. Dist. Ct. App. 1996)

. . . (e) The transcript shall be made part of the public record upon conclusion of the litigation. § 286.011 . . . As explained in the analysis, the 1993 addition to section 286.011(8) permits any governmental agency . . . The City of Destín asked the attorney general to issue an opinion concerning whether section 286.011( . . . The attorney general answered this question in the negative, stating that section 286.011(8) did not . . . As previously observed, section 286.011(8) does not expressly refer to either staff or consultants. . . .

CITY OF DUNNELLON, v. F. ARAN, 662 So. 2d 1026 (Fla. Dist. Ct. App. 1995)

. . . Office and the lawyers from a specially retained out-of-town law firm violated the terms of section 286.011 . . .

SCHOOL BOARD OF ALACHUA COUNTY, v. RHEA,, 661 So. 2d 331 (Fla. Dist. Ct. App. 1995)

. . . Rhea brought suit against the Board for an alleged violation of section 286.011, Florida Statutes (1991 . . . On remand to the trial court, Rhea filed a motion for appellate attorney’s fees pursuant to § 286.011 . . . We reject Rhea’s argument that the mandatory language in § 286.011(4)— “the court shall assess a reasonable . . . Section 286.011(4) does not supersede the appellate rules, nor does it authorize the trial court to make . . . Section 286.011(4) provides in pertinent part: Whenever an action has been filed against ... any agency . . .

BROWARD COUNTY, v. W. CONNER, Jr. T., 660 So. 2d 288 (Fla. Dist. Ct. App. 1995)

. . . Enforcement of this agreement would also violate our Government in the Sunshine Law, section 286.011( . . . Section 286.011(8), Florida Statutes (1993). . . .

In ADVISORY OPINION TO THE GOVERNOR- STATE REVENUE CAP, 658 So. 2d 77 (Fla. 1995)

. . . dis-positive of the question of whether the Association is a public entity because chapter 119 and section 286.011 . . . Ch. 119, Fla.Stat. (1993). . §§ 119.14, 286.011, Fla.Stat. (1993). . . .

BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, a v. E. WEBBER,, 658 So. 2d 1069 (Fla. Dist. Ct. App. 1995)

. . . See § 286.011, Fla.Stat. (1993). . . . members during the recess, we conclude from this record that such discussions did not violate section 286.011 . . .

BROWN v. CITY OF LAUDERHILL, a, 654 So. 2d 302 (Fla. Dist. Ct. App. 1995)

. . . The trial court did not err in concluding that the meeting with counsel is permitted under section 286.011 . . . 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 láw, section 286.011, Florida Statutes, must be . . . We also note that section 286.011(8) applies to litigation to which the entity is “presently” a party . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. EDWARDS,, 654 So. 2d 628 (Fla. Dist. Ct. App. 1995)

. . . authority suggesting that a disciplinary investigation is a public meeting as described in section 286.011 . . .

QUINTANA, F. v. COMMUNITY PARTNERSHIP FOR HOMELESS, INC., 651 So. 2d 1287 (Fla. Dist. Ct. App. 1995)

. . . Partnership for Homeless, Inc., is not an agency or authority of Dade County for purposes of section 286.011 . . .

PORT EVERGLADES AUTHORITY, v. INTERNATIONAL LONGSHOREMEN S ASSOCIATION, LOCAL, 652 So. 2d 1169 (Fla. Dist. Ct. App. 1995)

. . . The trial court found a violation of the Sunshine Law, seetion 286.011, Florida Statutes (1991), in the . . . statute and case law support the court’s ability to issue limited injunctive relief of this nature. § 286.011 . . .

MONROE COUNTY, a a v. PIGEON KEY HISTORICAL PARK, INC. a, 647 So. 2d 857 (Fla. Dist. Ct. App. 1994)

. . . ), of the Florida Constitution, is virtually identical to that of the Sunshine Law statute, section 286.011 . . . Const.; § 286.011(1), Fla.Stat. (1993). . . . . § 286.011(1), Fla.Stat. (1993). . . . This appeal is based upon alleged violations of section 286.011, Florida Statutes (1993), commonly known . . . Section 286.011(1), Florida Statutes (1993), states that: All meetings of any board or commission of . . . The Sunshine Law penalizes members of governmental bodies who meet in secret. § 286.011(3), Fla.Stat. . . . meetings of such boards or commissions are to be promptly recorded and open to public inspection. § 286.011 . . . See § 286.011, Fla. Stat. (1993). . . . Id. § 286.011(1), (2). . . . That there was a violation of the Florida Open Meeting law, Florida Statute 286.011 on January 27, 1993 . . . The court reserves jurisdiction regarding attorneys fees and costs pursuant to F.S. 286.011. . . . See § 286.011(1), Fla.Stat. (1993); Town of Palm Beach v. Gradison, 296 So.2d at 476. . . .

RHEA, v. SCHOOL BOARD OF ALACHUA COUNTY,, 636 So. 2d 1383 (Fla. Dist. Ct. App. 1994)

. . . found that the Board’s workshop held in Orlando, Florida, on December 3,1991, did not violate section 286.011 . . . seeking injunctive and declaratory relief against the Board, alleging that the Board violated section 286.011 . . . Section 286.011(1) provides in relevant part: All meetings of any board ... at which' official acts are . . . Section 286.011 does not define the word “public.” . . .

JOHNSON, v. BOARD OF ARCHITECTURE AND INTERIOR DESIGN, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 634 So. 2d 666 (Fla. Dist. Ct. App. 1994)

. . . . § 286.011(1), Fla.Stat. (1989). . . .

PAROLE COMMISSION, v. T. LOCKETT,, 620 So. 2d 153 (Fla. 1993)

. . . In that case, the issue was whether the Sunshine Law, section 286.011, Florida Statutes (1977), would . . .