CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 4285, 2010 WL 1233497
...Here, Poole's second amended complaint adequately alleged each of these elements. As to the indisputable legal duty, Poole alleged that the appraisals were public records that were required, pursuant to section
119.07, Florida Statutes (2007), [1] and section
166.045, Florida Statutes (2007), [2] to be produced to a member of the public upon request....
...Section
119.011(11), Florida Statutes (2007), defines "Public records" as "all documents, papers . . . or other material . . . made or received pursuant to law or ordinance or in connection with the transaction or official business by any agency." [2] Section
166.045, Florida Statutes (2007), provides: Proposed purchase of real property by municipality; confidentiality of records; procedure....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 14089, 1984 WL 914507
...DAUKSCH, J., and COLEMAN, T.P., Associate Judge, concur. NOTES [1] See generally Annot., "Liability of Premises, or Their Owner or Occupant, for Electricity, Gas, or Water Charges Irrespective of Who is the User," 19 ALR 3d 1227 (1968); 64 Am.Jur.2d, Public Utilities, §§ 60, 67 (1972). Also see section 166.045, Florida Statutes (Ch....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...Does section
286.011 (8), Florida Statutes, authorize the city attorney for the City of Destin to stop a closed meeting to discuss pending litigation and leave the room to conduct consultations outside the presence of the city commission and then reconvene the meeting? 3. Does section
166.045 , Florida Statutes, authorize a designee of the City Council or a hospital advisory board to enter into a confidentiality agreement that would apply to negotiations to determine the possible terms and price of a potential sale, meetin...
...ty is a party. 2. Section
286.011 (8), Florida Statutes, does not authorize the temporary adjournment and reconvening of meetings in order for members who are attending such a session to leave the room and consult with others outside the meeting. 3. Section
166.045 , Florida Statutes, exempts every written appraisal, offer, and counteroffer relating to the purchase of real property by a municipality from public disclosure under the Public Records Law....
...It is only after these negotiations have been concluded that the final purchase price is presented to the city council for approval. In line with the decision in Carlson, these private negotiations from which the public is excluded would violate the provisions of the Government in the Sunshine Law. You have suggested that section 166.045 , Florida Statutes, would authorize a confidentiality agreement between the city or its designee and the private company with which the city wishes to negotiate for purchase of a hospital. While you have not provided me with information on specific provisions, it appears that this confidentiality agreement would require all negotiation sessions and documents relating to this purchase to be kept closed to the public. Section 166.045 (1)(a), Florida Statutes, states that: In any case in which a municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a municipal purpose, every appraisal, offer, or counteroffer must be in writing....
...every [written] appraisal, offer, or counteroffer" relating to the proposed purchase of municipal real property. 14 The statute specifically states that it provides no exemption from the terms of the Government in the Sunshine Law. Applying sections
166.045 and
286.011 , Florida Statutes, to the factual situation you have presented, it is my opinion that the City Council of the City of Destin is not authorized to execute a confidentiality agreement that would exempt, from the provisions of the Sunshine Law, meetings between a person designated by the city or by an advisory board and representatives of a private corporation for the purchase of a hospital. However, under the terms of section
166.045 (1), Florida Statutes, written appraisals, offers, and counteroffers that are made relating to the purchase of this property are exempt from the terms of the Public Records Law until an option contract is executed or until 30 days before a contract for purchase is considered for approval....
...nduct of public business through an alter ego.); and see, Jones v. Tanzler,
238 So.2d 91 (Fla. 1970). 11
410 So.2d 546 (Fla. 2d DCA 1982). 12 Id. at 547-548 . And see, IDS Properties, Inc. v. Town of Palm Beach,
279 So.2d 353 (Fla. 4th DCA 1973). 13 Section
166.045 (2), Fla. Stat. (1993). 14 See, Op. Att'y Gen. Fla. 90-53 (1990) (s.
166.045 [1][a], F.S., requires that appraisals, offers or counteroffers be in writing when a municipality is utilizing the provisions of this section to acquire property; a municipality that does not have any charter or ordinance provision setting forth the procedures for the acquisition of real property would be required to comply with the provisions of s.
166.045 , Fla....
