Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....

...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....

...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....

...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....

...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....

...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.

...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....

...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)....

...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...

...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....

...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....

...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....

...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....

...[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)....

...[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....

under the Florida “Sunshine Law,” Fla.Stat.Ann. § 286.-011 commissioners may only discuss official business

...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)....

...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....

...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....

...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....

...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)....

...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....

...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)....

...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...

...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))....

...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...

...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....

...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....

...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....

...[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....

...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....

..., 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....

...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)....

...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....

...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....

...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....

...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....

...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....

...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)....

...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....

...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....

...[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...

...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....

...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...

...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....

...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....

...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....

...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)....

...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....

...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....

...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.

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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)....

...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...

...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....

...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....

...appellant. Michael H. Davidson, Gainesville, Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, and David P. Gauldin, Asst. Attys. Gen., Tallahassee, for respondent and appellee. ROBERT P. SMITH, Acting Chief Judge: Does the open public meetings law, Section 286.011, [1] apply to parole revocation meetings of the Parole and Probation Commission, or would the constraints of that law unconstitutionally invade clemency prerogatives of the executive branch, in violation of Article IV, Section 8, and Article II, Section 3, Constitution of Florida? Last year in Thomas [2] we stated that Section 286.011 applies "to all meetings of the Parole and Probation Commission." We now reexamine that question in the light of the Commission's constitutional objections to these three petitions for a writ of habeas corpus, contesting petitioners'...

...ed persons, voted to revoke Turner's release. Thereupon the Commission entered a written order revoking Turner's release status and returning Turner to Florida State Prison. Numerous decisions have now acknowledged that the open public meetings law, Section 286.011, serves to "promote a state interest of the highest order," by tending to "enhance and preserve democratic processes." E.g., Byron Harless, Schaffer, Reid and Assoc., Inc. v. State ex rel. Schellenberg, 360 So.2d 83, 97 (Fla. 1st DCA 1978), and cases cited. In defense of its failure to comply with Section 286.011 in the revocation of Turner's release, the Commission's position is simply this: that its function in revoking MCR and parole orders is a function of the executive branch and is, more particularly, akin to the pardon power, which hist...

...232, 54 L.Ed.2d 159 (1977), held that the clemency powers prescribed by Sections 8(a) and (b) are not subject to constitutional due process strictures as interpreted and enforced by the judicial branch. From this we conclude that the open public meetings law, Section 286.011, could not constitutionally be held to require compliance by the Governor (even assuming he could "meet" with someone in the exercise of exclusive gubernatorial responsibilities), or by the Governor and Cabinet, in dispensing pardons...

...Sections 947.071, 120.53, Florida Statutes (1977); Fla. Admin. Code Chapter 23-15 (Practices and Procedures), Chapter 23-16 (Parole), Chapter 23-17 (Mandatory Conditional Release). The Parole and Probation Commission is therefore subject to the open public meetings law, Section 286.011, and it is thereby required to open to the public all meetings at which official acts are to be taken, including meetings to decide issues of parole and MCR revocation....

...When the Commission met to consider the revocation of Turner's mandatory conditional release, on May 11, 1978, it did so at a meeting not open to the public, press, petitioner, petitioner's counsel, or other interested persons. Its meeting was in violation of Section 286.011, and its decision to revoke Turner's conditional release was "void ab initio." E.g., Town of Palm Beach v....

...We have considered Judge Booth's dissenting view that the 1978 amendment to Section 947.06, forbidding any grant of parole except by majority vote of the Commission "in a meeting to which the public shall have the right to be present," implies a legislative exemption from Section 286.011, and permission to meet privately, when the Commission meets to deny or revoke parole....

...The issue, therefore, is whether constitutional and statutory safeguards standards can now be satisfied, long after Turner was arrested and long after his original sentence would have expired, by an open public meeting and decision of the Commission complying with Section 286.011....

...As a result of illicit private meetings by the Commission, Turner and the other petitioners have spent many months in prison. We must consider whether, by that fact alone, the Commission has acquired an irresistible interest in now validating its prior, void decisions. Section 286.011's requirement of open public meetings rests on the assumption that decisions will be wiser, or will seem to be wiser, if made in public....

...the Court's decision, had parole not been irregularly revoked. Even assuming that Means, Demar and Gibbs v. Cochran would ordinarily justify allowing the Commission a limited time in which to decide *156 the revocation issues in meetings satisfying Section 286.011, the logistical task is exacerbated by the fact, here represented by Turner's petition, that many others are similarly held in Florida's prisons by virtue of Commission revocation decisions made in meetings violating Section 286.011....

...Within twenty days thereafter the parties will file further briefs on the question of remedies. It is so ORDERED. ERVIN, J., concurs. BOOTH, J., dissents, with an opinion. BOOTH, Judge, dissenting. These cases present an attempt to apply Florida Statute § 286.011, The Sunshine Act, to the deliberative processes of the Parole and Probation Commission....

...of the Sunshine Act. Petitioners' paroles were revoked in accordance with procedures in effect at the time of their revocation, which procedures complied with all constitutional, statutory and case law requirements. I respectfully dissent. NOTES [1] Section 286.011(1), Florida Statutes (1977): All meetings of any board or commission of any state agency or authority ..., except as otherwise provided in the constitution, at which official acts are to be taken are declared to be public meetings ope...

...the Honorable Donald O. Hartwell, presiding, as follows: "Basically, the question before this Court is whether the investigative records, discussions and meetings of the Defendant Commission in the determination and granting of paroles is subject to Section 286.011, Florida Statutes, commonly referred to as the Government in the Sunshine Law....

...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....

...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....

...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....

...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...

...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....

...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....

...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...

...Davidson, General Counsel for the Florida Parole and Probation Commission, Tallahassee, for appellants. Richard A. Belz and Thomas A. Daniel of the Florida Institutional Legal Services, Inc., Gainesville, for appellees. ALDERMAN, Justice. The issue to be resolved in this appeal is whether the open public meetings law, section 286.011, Florida Statutes (1977), applies to parole revocations meetings of the Parole and Probation Commission....

...[1] Construing *1182 article IV, section 8, and article II, section 3, Florida Constitution (1968), the First District Court of Appeal held that it did. [2] We agree and affirm the decision of the district court. In defense of its failure to comply with section 286.011, the Commission contends that under article IV, section 8(c), parole revocation is a function of the executive branch and is akin to the pardon power, which historically and constitutionally is a matter of executive grace, to be exerc...

...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....

...In count seven, all six plaintiffs sue the county under § 1983 for taking their property—their business reputation and goodwill—without 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....

...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....

...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 ......

...After exhausting administrative remedies, appellant filed its complaint against appellees, alleging several instances in which appellee-Board of County Commissioners had acted in violation of both the Zoning Regulations of Monroe County and Florida's "Sunshine Law," Section 286.011, Florida Statutes (1975)....

...We likewise find no merit in Forehand's argument that she was denied a fair and impartial hearing because the Board did not deliberate in public prior to its vote on the Superintendent's recommendations. Forehand relies on the so-called "Government in the Sunshine Law," section 286.011(1), Florida Statutes (1989), which 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, or political subdivision, except as otherwi...

...lating the Sunshine Law that prohibits local government officials from discussing public business in private. *625 Five times, the grand jury said, Childers "did unlawfully and knowingly attend a meeting not held in accordance with the provisions of Section 286.011, Florida Statutes, and at said meeting official acts were taken." Childers may have a novel defense: his 30 years in the Legislature, where discussions are routinely made in private....

...In 1993, the legislature created a procedure for closed door sessions, allowing agencies and their attorneys *428 to discuss "settlement negotiations or strategy sessions related to litigation expenditures" in private, so long as the private sessions were fully transcribed by a court reporter. § 286.011(8), Fla. Stat. (1995). The Board and its attorney concluded that section 286.011(8) permitted meetings in private to discuss the negotiations in this desegregation case....

...inal and permanent settlement. The court's written order, however, does not incorporate these statements. We seriously doubt that the legislature intended to address this type of desegregation order when it used the term "settlement negotiations" in section 286.011(8)....

...d or options to achieve continuing compliance with the longstanding federal mandate. Obviously, if the Board decides that some matter related to the Bradley litigation is outside this permanent injunction, it still must comply with the procedures in section 286.011(8) for conducting a closed door session....

...*1169 Bruce W. Pitzer, Sarasota, for Appellant. William R. Lisch, Bradenton, for Appellee. FULMER, Acting Chief Judge. Dorothy Leach-Wells appeals the final judgment entered in favor of the City of Bradenton in her suit alleging a violation of the Sunshine Law, section 286.011, Florida Statutes (1995)....

...However, the narrow question presented here is not whether the Sunshine Law applies but whether the committee was required to hold a meeting. If the committee's task to short-list the firms responding to the RFP was "formal action," a meeting was required. See § 286.011(1), Fla....

...r 627, Florida Statutes (1993), are subject to Florida's Public Records Law [2] and the Government in the Sunshine Law, [3] such a determination is not dispositive of the question of whether the Association is a public entity because chapter 119 and section 286.011 have historically been liberally construed to include private entities acting on behalf of a public entity....

...ress exemption from the definition of "state revenues" in order to avoid application of the revenue cap. Informal Opinion of the Attorney General of Florida to the Honorable Bill Nelson, June 6, 1995. [2] Ch. 119, Fla. Stat. (1993). [3] §§ 119.14, 286.011, Fla....

...head to determine whether to terminate the employee. The critical issue in this case is whether the panel that deliberated on the subject of appellant's discipline and termination was a "board" or "commission" within the meaning of the Sunshine Act. Section 286.011(1), Florida Statutes (2002), provides: 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...

...Because it is undisputed that the staff gave advice on the ultimate decision to terminate appellant during the closed-door session, whether or not the staff members voted on the termination decision, we conclude that the closing of the deliberations is a violation of section 286.011(1), Florida Statutes (2002)....

...nation. Immediately after the hearing, the panel went into a closed-door session during which the ultimate decision to terminate appellant was made. If the County is suggesting that panels meeting on whether to terminate employees are not subject to section 286.011, we rejected that position in City of Sunrise v....

...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....

...This injunction is necessary because the City Council of the City of Jacksonville intends to hold a "Shade Meeting" on May 9, 2000 at 3:00 p.m., pursuant to a letter issued by Ginger Soud, President of the City Council on May 4, 2000. This meeting is in violation of Florida Statutes § 286.011....

...there are collateral legal consequences affecting the rights of the parties. Godwin v. State, 593 So.2d 211, 212 (Fla.1992). The Council argues that dismissal is precluded because Kendale is now seeking attorney's fees at the trial court pursuant to section 286.011(4), Florida Statutes (2000)(granting attorney's fees when a defendant acts in violation of the Sunshine Act)....

...be deleted because it was neither pled nor requested by Speedway. See Cardinal Inv. Group, Inc. v. Giles, 813 So.2d 262, 263 (Fla. 4th DCA 2002) ("[C]ourts are not authorized to grant relief not requested in the pleadings.") Florida's Sunshine Law, section 286.011(1), Florida Statutes, provides that: All meetings of any board or commission of any ......

...tlement demand "is egregiously inflated." (Decl. of Richard Pratt, Ex. 18.) [8] A "shade meeting" refers to a meeting between a municipality and its legal counsel to discuss legal strategy. Under Florida law, such a meeting is authorized pursuant to section 286.011(8), Florida Statutes....

...Gart of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for First Amendment Foundation, Amicus Curiae. GREEN, Judge. The Pinellas County School Board presents two points on appeal concerning a final judgment which determined that the board had committed a violation of the Florida Sunshine Law, section 286.011, Florida Statutes (2001)....

...the purpose of evaluating applications of general contractors for the remodeling, renovation, and new construction of Gibbs High School in Pinellas County. It is agreed that the board complied with all other requirements of the Florida Sunshine Law, section 286.011, Florida Statutes (2001), with the exception of denying the request of Suncam, Inc....

...ring a similar issue, this office stated that a rule which prohibits the use of all tape recorders, including silent taping devices that are neither distracting nor disruptive, was in conflict with the public policy of the state as interpreted under s. 286.011, F.S....

...six days of the week and from 4:00 a.m. to 3 a.m. on Sundays, was invalid for two additional reasons not discussed in our earlier decision; namely, (1) that an illegal effective date was included in the ordinance, and (2) that its enactment was the result of a violation of section 286.011, Florida Statutes (1979), the so-called "Sunshine Law." [2] In support of its first argument, appellant refers us to article II, section 19 of the City of Oakland Park's Charter, which states that "all ordinances shall become effectiv...

...effective date of its ordinances, either that set forth in its charter or that authorized by section 166.041(4). The parties to the present case agree the phrase "now provided by law" includes city charters. [6] Turning to appellant's second point, section 286.011(1), Florida Statutes (1979), provides: 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...

...atory decrees declaring null and void all actions taken by the appellants, in violation of law, the alleged violation of law being that the Honor Court of the University of Florida had been conducting closed hearings in violation of Florida Statutes § 286.011 (Florida Sunshine Law)....

...It must be remembered that this is an interlocutory appeal, and not on the merits of the declaratory decree. The two petitions are so identical that we will treat them as one, as far as practical. Simply stated, the question involved here is whether or not the hearings of the Honor Court are subject to Florida Statutes § 286.011. This question must be partly answered before we can intelligently answer the question before us on interlocutory appeal. Florida Statutes § 286.011(1) is 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 constituti...

...set out below. First, before any petition for injunction should be entertained by the Court, the complaint must make out a prima facie case of some wrong that has been done, is being done or will in the future be done. A reading of Florida Statutes § 286.011(1) and Article IV of the Student Body Constitution, supra, in connection with each other, would give the trial court enough question in his mind as to whether or not the wrong complained of constituted such wrong as to warrant relief at all....

...The scanty allegations of the petitions for injunctions are not *260 enough, without evidence on the merits of the prayer for a declaratory decree, to warrant allowing the injunctions provided for in either of the orders to remain in force. There is the question of whether or not Florida Statutes § 286.011 is applicable to the function of the Honor Court, and since this question is not now before us, nor has it been treated by the trial court by a hearing on the merits, after an answer or other defensive pleadings have been before the trial...

...al nominating commissions being executive in nature and the mandate therefor coming from the Florida Constitution [article V, section 11], not from the legislature, the governor or the judiciary, it is clear that these commissions are not subject to Section 286.011, Florida Statutes (1975)....

...On exceptions filed by the County, PERC reversed the hearing officer's finding and recommended ruling that the County violated the law by not bargaining while being tape-recorded by the Union. The hearing officer had opined that the Union had a right under sections 286.011, (Florida's Sunshine Law) and 447.605(2), Florida Statutes, to tape-record its collective bargaining negotiations. In reversing on this point, PERC refused to hold that parties had a right under section 286.011 to tape-record negotiation sessions but instead resolved the matter by examining the parties' total conduct in deciding whether one party has placed an "unreasonable restriction" on the other in violation of section 447.501(1)(a) and (c)....

...ate of the citizens of the State of Florida who have spoken through their legislative body. Each such incident must be judicially reviewed in the light of the record developed. *39 Next, petitioner contends that the "Government in the Sunshine Law," Section 286.011, Florida Statutes, F.S.A., was violated by the School Board when it recessed the hearing on October 22 to reach a decision....

...n 73.092. But see Seminole County v. Rollingwood Apartments, Ltd., 678 So.2d 370 (Fla. 5th DCA 1996). Finally, appellees, both in the trial court and here, have crafted a rather cunning argument built around an alleged violation of the Sunshine Law, section 286.011, Florida Statutes (1993), by the county attorney in his letter offer of April 19, 1995....

...the meetings must be disclosed under the Public Records Law; [2] and (3) that the proposed interlocal agreement of affiliation was void ab initio because it was created in illegally closed meetings. The defendants conceded that they were subject to section 286.011, Florida Statutes (1995), (Sunshine Law) but contended that their closed meetings were covered under an exemption to the Sunshine Law, which provides in relevant part: (4) Those portions of a board meeting [of a governing board of a public hospital] at which the written strategic plans, including written plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 and s....

...reements are not the type of meetings that the legislature intended to exempt under section 395.3035(4). Consequently, I agree that the meetings and records at issue were open to the public; I disagree that the statute is unconstitutional. NOTES [1] § 286.011, Fla....

...As suit of the appellees, citizens of the State of Florida, the circuit court enjoined *848 the defendants, the City of Miami Beach, the mayor and members of the city council from holding meetings of the city council other than in public as required under § 286.011, Fla....

...r executive session meeting of the city council. The defendant city and councilmen Powell, Ciment, Englander, Seiderman and Weinstein appealed. Appellants argue that the provisions of the 1967 act relating to public meetings of boards or commissions § 286.011 Fla....

...ecause the 1967 act did not repeal the 1905 act expressly or by implication. We find those arguments unconvincing. Appellants' contention that meetings of boards constituting the governing bodies of municipal corporations are not within the scope of § 286.011 Fla....

...The issue is whether the trial court erred in ruling that Shands Teaching Hospital and Clinics, Inc. (Shands) was not an agency within the meaning of Chapter 119, Florida Statutes, and concluding that appellant's complaint did not state a cause of action. *1000 Appellant filed an action against Shands alleging violation of Section 286.011, Florida Statutes (the Sunshine Law), and Chapter 119, Florida Statutes (the Public Records Law)....

...1st DCA 1985), wherein this court held that Shands "is not a state agency or corporation primarily acting as an instrumentality or agency of the state" within the meaning of Section 768.28, Florida Statutes, Florida's Waiver of Sovereign Immunity Statute. As stated in Section 286.011(1), Florida Statutes, the Sunshine Law applies only to a "state agency or authority." As stated in Section 119.011(2), Florida Statutes, the Public Records Law applies only to a "unit of government" or private entity "acting on behalf...

...ection 768.28, Florida Statutes. The present case involves a determination as to whether Shands is "acting on behalf of any public agency" as delineated in Chapter 119, Florida Statutes, or should be considered as a "state agency or authority" under section 286.011, Florida Statutes....

...This, of course, was the prerogative of the Legislature. See City of Long Beach Resort v. Collins, Fla. 1972, 261 So.2d 498. Upon remand Safety Harbor injected a new issue, contending the new act is void, because it was adopted by the Legislature in violation of Fla. Stat. § 286.011 (Government in the Sunshine Law)....

...Since I agree with Ferrara, I would reverse the dismissal of count II. NOTES [1] Mead filled the position for a short while until Michael Chesser succeeded him in late July, 1981 and served until August, 1983. James Moore then became the City Attorney and is attorney of record for the City. [2] Section 286.011, Florida Statutes (1981)....

...Blair Payne of Darby, Peele, Bowdoin & Payne, Lake City, for appellees. SMITH, Judge. TSI Southeast (TSI) brings this consolidated appeal from two final summary *310 judgments in which the trial court found that actions of the Hamilton County Development Authority violated the "Sunshine Law," section 286.011, Florida Statutes (1989)....

...posal was the most advantageous to the County. The hearing was conducted on April 30, 1997. Count I — Breach of Contract Coupling the requirements of the Statute of Frauds, FLA. STAT. § 725.01, with the requirements of the Sunshine law, FLA. STAT. § 286.011, Defendant argues summary judgment should be entered in its favor as to Count I because no contract was ever entered into by the parties....

...Rather, paragraph 16.B of the complaint alleges that the BOCC "awarded a contract to Amerecycle in accordance with the RFP and Section 3-102(7) of the Procurement Code." Doc. No. 2. Moreover, Defendant notes, since it is a municipal government, it cannot undertake any binding actions absent a public meeting. FLA. STAT. § 286.011....

...Jordan filed a three count complaint against the Sheriff of Broward County, Kenneth Jenne, for declaratory and injunctive relief seeking reinstatement and back pay. He also filed a motion for preliminary injunction. Jordan alleged a violation of Florida's Sunshine Act under section 286.011, Florida Statutes, and Article I, section 24(b) of the Florida Constitution because he was not permitted to attend PSC's committee meeting or given copies of the minutes of the deliberations....

...spector general who then made the final decision on termination, fall within the ambit of the Sunshine Act. The applicable constitutional and statutory provisions of Florida's Sunshine Law are Article I, section 24(b) of the Florida Constitution and section 286.011, Florida Statutes (2005)....

...hall 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. Section 286.011 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 political subdivision, except as otherwise provided in the Constituti...

...On cross-motions for summary judgment, the trial court ruled in favor of the county; however, this court reversed, concluding that the panel that deliberated on the subject of appellant's discipline and termination was a "board" or "commission" within the meaning of the Sunshine Act, section 286.011(1), because the panel exercised decision-making authority....

...Because the PSC provided only a mere recommendation to the inspector general and did not deliberate with the inspector general, the ultimate authority on termination, we conclude that the PSC 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....

...We see little distinction between "advice" and "recommendations" in the context of this pre-termination panel. It appears to us that the conference panel assists in determining whether to terminate an employee. Id. at 13. Therefore, the PSC constituted a board or commission within the meaning of section 286.011, because it exercised decision-making authority in both reviewing the employee's investigative file and in making a recommendation to the inspector general as to the recommended discipline....

...Although they may be able to recover damages for expenses they incurred, Gleason v. Leadership Housing, Inc., 327 So.2d 101 (Fla. 4th DCA 1976), they cite no authority which would support specific performance under these circumstances. Enforcement of this agreement would also violate our Government in the Sunshine Law, section 286.011(1), Florida Statutes (1993), which provides: 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 pr...

...actions of the county's attorneys could not bind the county to specific performance of a contract in the absence of proper commission approval. Our sunshine law does contain provisions governing the negotiation of settlements of pending litigation. Section 286.011(8), Florida Statutes (1993)....

...lic or private hearing at the option of the teacher charged on such charge or charges ...." The issues to be decided are whether this language allows an unconstitutional delegation of legislative authority and whether it creates a valid exception to section 286.011(1), Florida Statutes (1977), originally enacted in 1967 and commonly referred to as the "Sunshine Law" or the "Public Meetings Act." [2] We hold that the act is constitutional and that it does create a valid exception to section 286.011(1)....

...The trial court ruled in favor of the School Board and the Classroom Teachers Association and dismissed the Tribune's complaint. The court held that chapter 69-1146, section 5, does not constitute an unconstitutional delegation of legislative authority and also concluded that it does create a valid exception to section 286.011(1), explaining: Few would gainsay the tremendous good that can come from the Sunshine Act....

...The teacher has only the clearly defined and limited option of an open or closed hearing after the matter has been set down for hearing. *629 Further, we find that chapter 69-1146, section 5, as the later legislative expression, is a valid legislative exception to section 286.011....

...I dissent. Just as the right of privacy initiated a new field of jurisprudence and has grown to constitutional proportions, see 62 Am. Jr.2d Privacy section 2, at 678, so it is that the right of the public to know was initiated by the guaranty expressed in section 286.011, Florida Statutes (1977), and may eventually become a constitutional right. At common law the public had no right to attend meetings of governmental bodies. See City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971). Section 286.011, Florida Statutes (1977), was enacted for the purpose of strengthening the faith of the public in government by eliminating the suspicion of "hanky-panky" which would naturally arise from secret sessions....

...there shall be first presented the evidence in support of such charge or charges and thereafter the evidence on behalf of such teacher with respect thereto. At such hearing, the teacher shall have a right to be heard and represented by counsel. [2] Section 286.011(1), Florida Statutes (1977), provides: 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 provi...

...The Firefighters claim that the City violated the Firefighters’ collective bargaining rights guaranteed by Article I, Section 6 of the Florida Constitution by not following the procedures of sections 447.403, 447.4095, Florida Statutes (2010), and by conducting a shade meeting in vio *95 lation of section 286.011, Florida Statutes (2010), the Sunshine law....

...l change" requiring the enactment process to begin anew has not been decided by any Florida court. Cf. Law and Information Services, Inc., v. City of Riviera Beach, 670 So.2d 1014, 1016 (Fla. 4th DCA 1996) (Under the Florida Sunshine Law, Fla. Stat. § 286.011, if a government meeting is properly noticed, there is no requirement that the governmental body give notice of a potential deviation from a previously announced agenda.) Additionally, a determination of whether a change to an ordinance co...

...he trial court's final judgment. I. Background On September 4, 2002, The Baker County Press and James McGauley, the publisher of The Baker County Press and a citizen of the state of Florida, filed an action under chapter 119, the Public Records Act, section 286.011, the Sunshine Law, and article I, section 24 of the Florida Constitution, the Sunshine Amendment, against Medical Services....

...es 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....

...Section 395.3035(4) stated: Those portions of a board meeting [of a governing board of a public hospital] at which the written strategic plans, including written plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 and s....

..., section 24(b) of the Florida Constitution requires that "[a]ll meetings of any ... special district" at which public business is transacted or discussed is to be "open and noticed to the public." Pursuant to this provision, the legislature enacted section 286.011(1), Florida Statutes, which subjects government agencies to the open meetings requirement....

...NOTES [1] The phrase "Public Records Act" refers collectively to Article I, section 24(a) of the Florida Constitution and Chapter 119 of the Florida Statutes. The phrase, "Sunshine Law," refers collectively to Article I, section 24(b) of the Florida Constitution and section 286.011(1), Florida Statutes. [2] Joint Commission on Accreditation of Healthcare Organizations. [3] Neither article I, section 24(b) nor section 286.011(1) use the "acting on behalf of" language used in section 24(a) and the Public Records Act....

...formal warning of possible discharge prior to receiving notification of the non-renewal of his appointment. Finally, petitioner urges that no act taken by the faculty evaluations committee is binding because the Government in the Sunshine Act (F.S. § 286.011(1)) was violated....

...her over the recess the Board members had privately discussed substantive issues involving his client's request for a variance, as well as reopening the hearing, thus suggesting a possible violation of Florida's "Government in the Sunshine Law." See § 286.011, Fla....

...l a motion to that effect had been made and the respondent was given an opportunity to be heard. Finally, with respect to any discussions between the Board members during the recess, we conclude from this record that such discussions did not violate section 286.011, which provides in part that "[a]ll meetings of any board or commission ......

...ealth or through a citizen’s complaint. After determining that the complaint is legally sufficient, the Department of Health refers it to a probable cause panel. The probable cause panels are exempt from the open meetings requirement in Fla. Stat. § 286.011 until ten days after the panel has found probable cause....

...icy Act; (3) Violations of. the Endangered Species Act; (4) Violations of the Clean Water Act and the Rivers and Harbors Act; (5) Violations of Section 373.013, et seq., Florida Statutes, the Florida Water Resources Act (FWRA) [5] ; (6) Violation of Section 286.011, Florida Statutes, Government in the Sunshine Law; (7) Violation of Federal RICO statutes; and (8) Violation of Florida RICO statutes....

...er the state law claims—Counts V, VI, and VIII—due to Eleventh Amendment immunity. The state law claims are (1) violations of the Florida Water Resources Act, Section 373.013, Florida Statutes; (2) violation of the Government in the Sunshine Laws, Section 286.011, Florida Statutes; and (3) violation of Florida RICO statutes....

...[DE 13, ¶ 173]. Count V also alleges that DEP's failure to regulate greenhouse gasses constitutes a violation of the federal Clean Air Act, the Florida Power Plant Siting Act and the Florida Water Resources Act. [DE 13, ¶ 177]. Count VI alleges violations of Section 286.011, Florida Statutes, Government in the Sunshine Law....

...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....

...Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ. PER CURIAM. The state attorney and the Miami Herald appeal from a declaratory judgment that a proposed meeting between the City Council of the City of North Miami and the City Attorney was not subject to the Sunshine Law, Section 286.011, Florida Statutes (1981) and therefore need not be open without qualification to the general public....

...Braddock, 262 So.2d 425 (Fla. 1972), which dealt with a quite different question arising under the public employee-collective bargaining provision of the Constitution, or, since exceptions to the Sunshine Law may be created only by "the Constitution," Section 286.011(1), Florida Statutes (1981), by the attorney-client privilege arguably granted municipalities by the Evidence Code....

...aith or illegality'" (citation omitted)). [31] Jackson-Shaw's post-trial attempt to bootstrap an argument that the Majestic transaction was "illegal" and in violation of Florida's Government in the Sunshine Law, Fla. Const. art. I, § 24; Fla. Stat. § 286.011(1), because JAA staff and Majestic executives met seriatim with JAA Board members in November 2005, before the Majestic proposal was presented to the board in a public meeting, (Tr....

...Groff and Warren A. Pies of Dye, Deitrich, Petruff & St. Paul, P.L., Bradenton, for Appellees/Cross-Appellants. WHATLEY, Judge. John J. McDougall, as Sheriff of Lee County, appeals a final judgment finding that his office violated the Florida Sunshine Law, § 286.011, Fla....

...Staffing, Inc., 990 So.2d 473, 476 (Fla.2008) ("We review the statutory interpretation conducted by the trial court to reach this ultimate ruling de novo, while we defer to those factual findings of the trial court that are supported by competent, substantial evidence from the record."). Section 286.011(1) 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 political subdivision, except as otherwise provided in the Constit...

...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....

...Before NESBITT, COPE and GERSTEN, JJ. GERSTEN, Judge. Appellants appeal the trial court's invalidation of the Monroe County Board of County Commissioner's 30-year lease with the Pigeon Key Preservation Foundation. This appeal is based upon alleged violations of section 286.011, Florida Statutes (1993), commonly known as the Sunshine Law....

...ny collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public. .. . Section 286.011(1), Florida Statutes (1993), states 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, or political subdivision, except as otherwise provi...

...lared 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 Sunshine Law penalizes members of governmental bodies who meet in secret. § 286.011(3), Fla. Stat. (1993). Minutes of meetings of such boards or commissions are to be promptly recorded and open to public inspection. § 286.011(2), Fla....

...except with respect to meetings *862 exempted pursuant to this section or specifically closed by this Constitution. The new constitutional right of public access is self-executing. The obvious intent of the electorate was to strengthen Florida's Government in the Sunshine Laws, including the Open Meetings Law. See § 286.011, Fla. Stat. (1993). Injunctive relief is available to enforce the Open Meetings Law; actions taken in violation of the law are not binding. Id. § 286.011(1), (2)....

...("shall be open and noticed to the public"). The requirement of public notice also existed under earlier case law. See Hough v. Stembridge, 278 So.2d 288, 291 (Fla. 3d DCA 1973). In the present case "all parties agree that there were violations of [the] Florida Sunshine Law, Statute 286.011 on January 27 and March 12, 1993, by the Pigeon Key Advisory Board ......

...The petition requested that the court enjoin the County Commission from taking final action on the Pigeon Key lease. Alternatively, the petition requested that if the County Commission took action on the lease, the court should set the lease aside under section 286.011, Florida Statutes....

...ources within one half mile of the island and adding a hold harmless clause if for any reason the subject lease was declared invalid. 9. That both parties stipulate that the meetings of January 27, 1993 and March 12, 1993 were held in violation of F.S. 286.011....

...cleanse the [open] meeting law violations under the circumstances as described in the evidence presented to the court in this case. IT IS THEREFORE ORDERED and ADJUDGED: 1. That there was a violation of the Florida Open Meeting law, Florida Statute 286.011 on January 27, 1993 and on March 12, 1993....

...2. That the violations have not been shown cured in accord with applicable law. 3. The lease approved between the Board of County Commissioners of Monroe County, Florida and the Pigeon Key Foundation is hereby declared non-binding in accord with F.S. 286.011(1) and null and void. 4. The Respondents are at liberty to renegotiate the lease in accordance with the law. 5. The court reserves jurisdiction regarding attorneys fees and costs pursuant to F.S. 286.011....

..."Only a full, open public hearing by the Board could have cured any problem." Id. (citation omitted). From the foregoing decisions, the following principles can be gleaned. By statute, action taken in violation of the Open Meetings Law is to be set aside. See § 286.011(1), Fla....

...unshine Law cases. In fact, although the amendment has elevated Sunshine Law protection to constitutional proportions, the language of Article I, Section 24(b), of the Florida Constitution, is virtually identical to that of the Sunshine Law statute, section 286.011(1), Florida Statutes (1993)....

...1st DCA 1985), or a School Board's abolition of an administrator's position, Tolar, 398 So.2d at 427. *869 In conclusion, the Sunshine Law equally binds all members of governmental bodies, be they advisory committee members or elected officials. Art. I, § 24(b), Fla. Const.; § 286.011(1), Fla. Stat. (1993). Governmental officers who meet in secret may be penalized. § 286.011(1), Fla....

...Gerardo Molina appeals from the dismissal of his complaint and the denial of his motion for injunctive relief. We affirm. Appellant is the father of a man who was killed by an off-duty City of Miami police officer in December, 1998. Appellant filed a complaint seeking injunctive *463 and declaratory relief under section 286.011(1), Florida Statutes, the Government-in-the-Sunshine Law. Section 286.011 provides in part: (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 Constitut...

...(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.... Appellant alleges that the investigations conducted by the Discharge of Firearms Review committee are subject to § 286.011(1), and therefore the committee must perform its business in the sunshine by opening its meetings to the public, noticing the meetings to the public, and recording the minutes of the meetings for public inspection....

...er into an agreement with Volusia County and the Plan’s developer to address the City’s transportation and water concerns stemming from the project. 1 ECARD filed a complaint for declaratory and injunctive relief, alleging that the City violated section 286.011, Florida Statutes (2010) — Florida’s Sunshine Law — by not allowing Herrin to speak at the Delto-na City Commission meeting....

...clared 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. § 286.011, Fla....

...Here, the statute does not mention the right to be heard or participate. The phrase “open to the public” most reasonably means that meetings must be properly noticed and reasonably accessible to the public, not that the public has the right to be heard at such meetings. We view the recent passage of section 286.0114, Florida Statutes (2013), as consistent with and support for our interpretation of the Sunshine Law. Section 286.0114, which takes effect October 1, 2013, specifically provides, with limited exceptions, that the public be allowed a reasonable opportunity to be heard on a proposition before a board or commission. See Ch. 2013-227, §§ 1, 3, Laws of Fla. Under ECARD’s interpretation of the Sunshine Law, section 286.0114 would be superfluous....

...The School Board of Alachua County (the Board) appeals the trial court's order directing it to pay Darnell Rhea's appellate attorney's fees. For the reasons set out below, we must reverse the award of appellate fees. Rhea brought suit against the Board for an alleged violation of section 286.011, Florida Statutes (1991), which is commonly known as the "Government in the Sunshine Law." The trial court granted summary judgment for the Board, finding that the Board's holding a workshop outside Alachua County did not violate the...

...ntil after the mandate issued, and then asked this court to recall its mandate and direct the trial court to award appellate fees. Rhea's request was denied. On remand to the trial court, Rhea filed a motion for appellate attorney's fees pursuant to § 286.011(4). [1] The trial court granted the motion and awarded appellate fees, concluding that it was authorized by § 286.011(4) to award such fees in the first instance. We reject Rhea's argument that the mandatory language in § 286.011(4) — "the court shall assess a reasonable attorney's fee" — indicates that appellate fees are awarded automatically without the need for a motion in the appellate court....

...1987) (despite mandatory language in the attorney's fee statute, the appellate court may deny fees where the party seeking fees fails to file a motion in accordance with rule 9.400(b)). As in Downs, Rhea failed to seek a fee in accordance with the appellate rules, and this court properly denied Rhea's nonconforming motion. Section 286.011(4) does not supersede the appellate rules, nor does it authorize the trial court to make an initial award of appellate attorney's fees. Accordingly, the trial court's order awarding appellate attorney's fees is reversed. BOOTH, MINER and MICKLE, JJ., concur. NOTES [1] Section 286.011(4) provides in pertinent part: Whenever an action has been filed against ......

...In the event a majority of those participating did not vote in favor of approval of the issuance of the proposed bonds, then the issuance of those specified bonds is deemed to have failed of approval and it is unlawful to issue or attempt to issue the said bonds.” (emphasis ours) . Fla.Stat. § 286.011 (1971), F.S.A.

...Finch and SC. Read Inc., take this appeal from the final order of the trial court denying permanent injunctive relief against the appellee, Seminole County School Board. As they did in the trial court, the appellants argue that the School Board violated section 286.011, Florida Statutes (2004), of Florida's Sunshine Law, in its high school rezoning process....

...The plan was then adopted. Prior to the second public hearing the appellants filed a complaint in the trial court seeking an injunction to prevent the School Board from formally adopting and implementing the advertised rezoning plan for failing to comply with section 286.011, the Sunshine Law....

...See Operation Rescue v. Women's Health Ctr., Inc., 626 So.2d 664 (Fla.1993). If reasonable persons could differ as to the propriety of the actions taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion. Id. Section 286.011 provides that unless otherwise excepted, all meetings of any board or commission of any state agency or authority, or of any agency or authority of a county, municipality or political subdivision at which official acts are to be taken are to be open to the public at all times....

...The Sunshine Law applies to the actions of school boards. See Knox v. Dist. Sch. Bd. of Brevard, 821 So.2d 311 (Fla. 5th DCA 2002); Mitchell v. Sch. Bd. of Leon County, 335 So.2d 354 (Fla. 1st DCA 1976). The appellants contend that the trial court erred when it found that the bus trip did not violate section 286.011 because the bus tour was not simply a "fact-finding" event where no official act was taken....

...96-32 (stating that a limited exception to the applicability of the Sunshine Law to advisory committees has been recognized for committees established for fact-finding only, but if that committee also has the authority to make recommendations it is participating in the decision making process and is subject to section 286.011)....

...iles that were represented as checked out from City. Southern filed an amended complaint in November 2001, again reiterating its public records claim. The complaint included a count claiming *21 violation of Florida's Government in the Sunshine Law, section 286.011, Florida Statutes....

...t ("NEPA") (Count II); violations of the Endangered Species Act ("ESA") (Count III); violations of the Clean Water Act ("CWA") and the Rivers and Harbors Act ("RHA") (Count IV); violations of Section 373.013, Florida Statutes (Count V); violation of Section 286.011, Florida Statutes (Count VI); violation of Federal RICO statutes (Count VII); and violation of Florida RICO statutes (Count VI)....

...Days later, OIR published on the internet all of NCCI’s rate filings from 2006 through 2016. Fee then filed suit against NCCI, OIR, and Commissioner Altmaier and sought to enjoin the public hearing on NCCI’s amended rate filing. Fee alleged that (1) NCCI violated the Sunshine Law, section 286.011, Florida Statutes (2015), by 5 failing to provide notice of or a meaningful opportunity to participate in committee meetings where its rate proposals were discussed; (2) the amended rate fi...

...After hearing testimony and receiving documentary evidence, the court determined that the order approving the rate increase was void because NCCI and OIR violated the 6 Sunshine Law under three separate statutory provisions: section 627.091(6), Florida Statutes; section 286.011, Florida Statutes; and section 627.093, Florida Statutes. The trial court also concluded that NCCI violated sections 627.291(1) and 119.07, Florida Statutes, when it denied Fee access to its records....

...g meetings of the statutory rate- determination committee outside the sunshine. Second, the trial court found that OIR delegated its authority over rate filings to NCCI, subjecting NCCI’s rate proposal activities to the sunshine requirements of section 286.011, Florida Statutes. 7 And third, the trial court concluded that section 627.093, Florida Statutes, requires NCCI to conduct its activities in the sunshine. i. Section 627.091(6), Florida Statutes Florida’s Sunshine Law finds its origins in section 286.011, Florida Statutes (2015), which provides: 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, excep...

... request for, Florida rate increases or decreases, the determination of Florida rates, the rates to be requested, and any other matters pertaining specifically and directly to such Florida rates, such meetings shall be held in this state and shall be subject to s. 286.011. The committee of such a rating organization shall provide at least 3 weeks’ prior notice of such meetings to the office and shall provide at least 14 days’ prior notice of such meetings to the public by publication in the Florida Administrative Register. § 627.091(6), Fla....

...The Government-in-the-Sunshine Law is not applicable to meetings of staffers serving this function.”); Lyon v. Lake Cty., 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 286.011, Florida Statutes.”)....

...12 organization to determine the rates to be filed. Accordingly, neither NCCI’s internal meetings nor the meetings between OIR and NCCI was subject to the sunshine pursuant to section 627.091(6). ii. Section 286.011, Florida Statutes Fee also argued, and the trial court found, that NCCI violated the Sunshine Law itself. Section 286.011, Florida Statutes (2015), requires “[a]ll 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” to be held in the sunshine....

...proposals. §§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any 13 authority to carry out an agency function required to be performed in the sunshine. Thus, Fee’s argument under section 286.011 fails. iii. Section 627.093, Florida Statutes The trial court also concluded, without any argument by the parties, that NCCI was subject to the sunshine pursuant to section 627.093, Florida Statutes. This statute provides as follows: “Section 286.011 shall be applicable to every rate filing, approval or disapproval of filing, rating deviation from filing, or appeal from any of these regarding workers’ compensation and employer’s liability insurances.” § 627.093, Fla....

...than the law enforcement issue. . As the plaintiffs point out, the factors involved in the city council’s decisionmaking process are particularly well documented because it was required by Florida’s Government in the Sunshine Act, Fla.Stat.Ann. § 286.011 (West 1975), to make its meetings public and to make the minutes available for public inspection....

...ustees of Miami-Dade Community College [College] from awarding a two-year contract to Husta International Aviation, Inc. [Husta] and barring the College and Husta from further performance under a temporary contract. Finding that the College violated section 286.011, Florida Statutes (1995), popularly known as the “Government in the Sunshine Law” [Sunshine Law], we reverse the denial of the temporary injunction as it pertains to the two-year contract and affirm the denial as to the temporary contract....

...interest in open government. It specifically includes the authorization that: “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.” 286.011(2), Fla.Stat....

...ng the public’s statutory remedy on behalf of the public’s interest in open government. The two are unrelated remedies, one for the individual’s own private interests, the other for the goal of public vindication. The legislative intent behind section 286.011 would be frustrated if the public’s champions are to be relegated to administrative na(of whatever nature) where the legislature has specifically provided in the jurisstatute for jurisdiction in the courts....

...n for temporary injunction and remand for the entry of an order enjoining the College from entering into a two-year contract based on the ranking established at the meeting held in violation of the Sunshine Law. As the purpose of actions pursuant to section 286.011(1),(2), Florida Statutes (1995) is not to secure private rights, but to vindicate the public’s right to open meetings, the College is not precluded from, in the future, ranking the various proposals submitted in response to its requ...

...d acting thereon. Reversed and remanded. SHEVIN, J., concurs. . That decision was the subject of an appeal to this Court which we have affirmed by separate order. Silver Express Co. v. Miami Dade Community College, 691 So.2d 14 (Fla. 3d DCA 1997). . Section 286.011(1),(2), Florida Statutes (1995): "(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...

...Bush, of McDonald—Fleming—Moorhead, Pensacola, for Appellee. WETHERELL, J. Appellants seek review of a final order granting summary judgment in favor of Appellee, Community Maritime Park Associates, Inc. (CMPA). In granting summary judgment, the trial court found that section 286.011(1), Florida Statutes (the Sunshine Law), gives Appellants the right to be present but not to speak at CMPA meetings....

...clared 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. § 286.011(1), Fla....

...In denying the motion to open the mediation proceeding, the trial judge entered an amended order appointing a mediator. The amended order considerably narrowed the scope of the mediation hearing as follows: * * * * * * 3. The Court is cognizant of the parties' status as public bodies and their obligations under Sec. 286.011, Florida Statutes (1983), commonly known as the "Sunshine Law" and Sec....

...e mediator are to be observed. Mediation is a relatively new facet of Florida Law, adopted in 1987 to be effective January 1, 1988. See Florida Session Laws, Chapter 87-173. We are not cited, nor have we found, any cases applying the "Sunshine Law" (section 286.011, Florida Statutes (1989)) to mediation proceedings, either generally or when such proceedings involve public entities....

...The first count names the city as the only Defendant, while the second count names all of the Defendants. The third count asserts that the decision to cut Plaintiff’s salary out of the budget was made at a private meeting amongst the Defendant city council members in violation of Florida’s “sunshine” law, Fla.Stat. § 286.011....

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

“conceptual” approval as contended by appellant. Section 286.011, Florida Statutes (1973) provided that all

...Gen., State of Florida, Tallahassee, and Palm Beach Newspapers, Inc., et al., and Florence Beth Snyder, Gen. Counsel for Palm Beach Newspapers, Inc., West Palm Beach, amici curiae, for appellees. OWEN, WILLIAM C., Jr., (retired) Associate Judge. The issue here is whether the Government in the Sunshine Law Section 286.011, Florida Statutes (1980), applies to the Dean Search and Screen Committee of the University of Florida College of Law....

...Before making the selection of a new dean, the president received evaluations of the candidates from the faculty, and from at least three vice-presidents and five deans. The president also consulted with representatives of the legal profession and national educational leaders. The Sunshine Act, Section 286.011(1), Florida Statutes (1980), in pertinent part provides: All meetings of any board or commission of any state agency or authority ......

...ion of the college's acting dean includes testimony that members of the search and screen committee interviewed and evaluated candidates for the deanship while attending the annual meeting of the Association of American Law Schools in Austin, Texas. Section 286.011(4) [4] provides that "the court shall assess a reasonable attorney's fee" against the agency sued when a successful action "to enforce the provisions of this section" is brought....

...[4] See, opinion letter to Alvin J. Taylor, 81 Fla. Atty. Gen. 51 (July 8, 1981). [1] The Public Records law defines "agency" as "any state ... officer ... acting on behalf of any public agency." Section 119.011(2), Florida Statutes. [2] Sec. 240.209(2). [3] Sec. 240.209(3)(a). [4] Section 286.011(4): Whenever an action has been filed against any board or commission or any state agency or authority ......

...Shevin, Atty. Gen. and Joseph W. Lawrence II, Asst. Atty. Gen., Tallahassee, for appellee. Before HAVERFIELD, NATHAN and HUBBART, JJ. PER CURIAM. This is an appeal from an order dismissing a complaint for declaratory judgment seeking a determination of whether Section 286.011, Florida Statutes (1975), [1] the Government in the Sunshine Law, is applicable to the Judicial Nominating Commission of the Eleventh Judicial Circuit....

...The function of the judicial nominating commissions being executive in nature and the mandate therefor coming from the Florida Constitution, [2] not from the legislature, the governor or the judiciary, it is clear that these commissions are not subject to Section 286.011, Florida Statutes (1975). Affirmed. NOTES [1] "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...

...The district court did not reach Alamo's claims that the user fee (1) constituted an unreasonable burden on interstate commerce, (2) denied it due process of law in violation of the fourteenth amendment and of the Florida Constitution, and (3) was enacted in violation of Florida's Government in the Sunshine Law, Fla. Stat. § 286.011 (1985).

...law firms. Marion County ordinance 76-10 authorizes payment of public funds for reasonable attorney fees incurred by any past or present county commissioner in defending successfully a prosecution for violation *1247 of the open public meetings law, Section 286.011, Florida Statutes (1975)....

...ersons of having to expend their own funds for the payment of reasonable attorney’s fees when said persons are charged with violation and/or violations of any of the provisions of the Government in the Sunshine Law of the State of Florida, Chapter 286.011, Fla.Stat., when said persons are subsequently acquitted and/or the charges against said persons are dismissed....

...County, by alleviating the potential liability to them of having to expend their own funds when said persons are charged with violation and/or violations of any of the provisions of the Government in the Sunshine Law of the State of Florida, Chapter 286.011, Florida Statutes and said persons are subsequently acquitted and/or the charges are dismissed against said persons.” Having no concern for the wisdom of the ordinance, we find that it is addressed to a declared public purpose which has been recognized by the legislature in other contexts....

...In the light of these legislative precedents, we cannot say the legislative authority in Marion County unlawfully imagined a public purpose in bearing with public funds certain costs of unjustified criminal prosecutions of county officers for meeting as a public body otherwise than as permitted by Section 286.011....

...Their brief states: “[Appellants] submit that the public or county interest is in the prosecution of said public officials and not in their defense. There is no public or county interest in defending a public official accused of violating the Government in the Sunshine Law, Section 286.011, F.S., because in fact the public trust requires that public officials be held accountable in strictly complying with Chapter 286, Florida Statutes.” We agree that public meetings should be held in compliance with Section 286.011, that officials violating that law may properly be prosecuted, and that there is no public interest in defending guilty officials from prosecution....

...xecutive branch of state government . . . at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public . . . . The Sunshine Law, section 286.011(1), Florida Statutes (2012), states: All meetings of any board or commission of any state agency or authority ....

...the meeting was unreasonable in the absence of a demonstrated urgency, and only twenty-one hours and twenty-seven minutes’ notice was given. The city and mayor contend there is no bright-line rule for reasonable notice, and the notice was sufficient. Section 286.011(1), Florida Statutes (2012), provides that “[t]he board or commission must provide reasonable notice of all such meetings.” Several Florida Attorney General opinions have interpreted what constitutes sufficient notice under the statute....

...Board of County Comm’rs of Alachua County, Florida, et al., Case No. 96-409CA, Eighth Judicial Circuit, Alachua County, Dr. Delaney and another party have filed suit challenging the Board’s decision to release its reversionary interests, claiming violations of the Sunshine Law. See Art. I § 24, Fla. Const.; § 286.011, Fla.Stat.

GUNTHER, Judge. We affirm the trial court’s final order of dismissal. Appellant, Deerfield Beach Publishing, Inc., brought the instant suit for injunctive relief under the Florida Sunshine Law, section 286.011, Florida Statutes (1985)....

...alleged “other commissioner.” Requisite to application of the sunshine law is a meeting between two or more public officials. Mitchell, 335 So.2d at 355 . 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....

Godwin seeks certiorari review of 1 Section 286.011, Florida Statutes, is "commonly known

...Garganese City of Cocoa Assistant Attorney Mariner Square, Suite 302 96 Willard Street Cocoa, Florida 32922-7998 Dear Mr. Garganese: On behalf of the City of Cocoa, you ask substantially the following questions: 1. May the city council and its attorney hold a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, when discussing a workers' compensation claim where a petition for benefits has been filed pursuant to section 440.192 , Florida Statutes? 2. If so, may medical information and records pertaining to the city employee's claim be disclosed to the city council during a closed-door meeting held pursuant to section 286.011 (8), Florida Statutes? 3. Does the disclosure of medical records to the city council during a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, alter the public nature of the transcript of the meeting at the conclusion of the litigation? In sum: 1. At the request of a city's attorney, the city council and the attorney may hold a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, to discuss settlement negotiations or strategy related to litigation expenditures for pending litigation involving a workers' compensation claim where a petition for benefits as prescribed in section 440.192 , Florida Statutes, has been filed against the city....

...council during the closed-door meeting if such records are necessary to discuss settlement negotiations or strategy related to litigation expenditures in the case. 3. Disclosure of medical records to a city council during a closed-door meeting under section 286.011 (8), Florida Statutes, does not affect the requirement that the transcript of such a meeting be made a part of the public record at the conclusion of the litigation. Question One Section 286.011 (8), Florida Statutes, provides: Notwithstanding the provisions of subsection (1), any board or commission of any ....

...e attending the session. . . . (e) The transcript shall be made part of the public record upon conclusion of the litigation. (e.s.) Thus, as an exception to the general rule that all meetings of a board or commission must be open to the public under section 286.011 , Florida Statutes, 1 the attorney for a local government may request that the local governing body and the attorney meet in a closed-door meeting to discuss strategy for the settlement of pending litigation before a court or an administrative agency....

...stem prescribed in Chapter 440 , Florida Statutes, operates as a means of adjudicating workers' compensation claims before an administrative tribunal and would be considered litigation before an administrative agency that falls within the purview of section 286.011 (8), Florida Statutes. Accordingly, it is my opinion that at the request of a city's attorney, the city council and the attorney may hold a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, to discuss settlement negotiations or strategy related to litigation expenditures for pending litigation involving a workers' compensation suit against the city....

...There is nothing contained in Chapter 440 , Florida Statutes, that would prevent the city from discussing the medical records obtained pursuant to section 440.13 , Florida Statutes, and the condition of an injured employee related to the subject's workplace injury during a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, as long as such discussion is necessarily related to settlement negotiations or to setting strategy for litigation expenditures. 13 Question Three As noted above, the entire session of a closed-door meeting held pursuant to section 286.011 (8), Florida Statutes, is to be recorded by a certified court reporter....

...No portion of the session may be off the record. The transcribed record is required to be filed with the entity's clerk within a reasonable time after the meeting and shall be made part of the public record upon conclusion of the litigation. There is nothing in section 286.011 (8), Florida Statutes, that addresses documents or records reviewed during the closed-door meeting....

...15 Thus, medical records of a municipal employee are clearly confidential and may not be disclosed as a public record absent consent from the employee or a court order. Section 119.07 (6), Florida Statutes, provides that an exemption from section 119.07 , Florida Statutes, does not imply an exemption from section 286.011 , Florida Statutes. An exemption from section 286.011 , Florida Statutes, must be expressly provided. Thus, an exception to Chapter 119 , Florida Statutes, does not by implication allow a public agency to close a meeting in which exempted material is to be discussed, absent a specific exemption to section 286.011 , Florida Statutes. Section 286.011 (8), Florida Statutes, provides such an exemption and allows the closure of a meeting to discuss settlement negotiations and strategy for litigation expenditures. While the provisions in this statute direct that the transcript of such a meeting be made public once the litigation is complete, nothing contained in section 286.011 (8), Florida Statutes, overrides or renders meaningless the confidentiality provisions that attach to medical records of municipal employees....

...16 However, the confidentiality that attaches to the records under Chapter 119 , Florida Statutes, does not extend to the discussion of those records and Chapter 286 , Florida Statutes. Therefore, given that the transcript of a closed-door meeting under section 286.011 (8), Florida Statutes, is open to public inspection upon conclusion of the litigation, the city and its attorney should be sensitive to any discussions of an employee's medical reports that are reviewed during such a meeting....

...the closed-door meeting is made a part of the public record, the privacy of the employee will not be breached. Accordingly, it is my opinion that the disclosure of a city employee's medical records to a city council during a closeddoor meeting under section 286.011 (8), Florida Statutes, to discuss settlement negotiations or strategy related to litigation expenditures does not alter the requirement that the transcript of the closed-door meeting be made a part of the public record at the conclusion of the litigation. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 286.011 (1), Fla....

requirements of the Government in the Sunshine Law, section 286.011, Florida Statutes. However, you question whether

board is physically present at the meeting? Section 286.011(1), Florida Statutes, Florida's Government-in-the-Sunshine

WINSOR, J. Florida is the Sunshine State. It has long had the “Government in the Sunshine Law,” which generally requires open meetings for boards, commissions, state agencies, and the like. See § 286.011, Fla....

...The statute, which the Legislature “enacted in the public interest to protect the public from ‘closed door’ politics,” Wood v. Marston, 442 So.2d 934, 938 (Fla. 1983), is serious business: not only is there criminal liability for officials who knowingly disregard it, e.g., § 286.011(3)(b), Fla. Stat. (2017), but also Florida law provides that “where officials have violated section 286.011, the official action is void ab initio,” Sarasota Citizens For Responsible Gov’t v....

...as required.” Id. at 1171 . It went on to conclude that “if a meeting was required and none was held, a Sunshine Law violation occurred.” Id. But here, the Evaluation Team (or more accurately, its individual members) took no formal action. Cf. § 286.011(1), Fla....

...The Evaluation Team had no obligation to conduct a meeting. We -therefore, conclude that the trial court correctly granted summary judgment as to Carlson’s Evaluation-Team claims. Carlson’s Negotiation-Team claims present more difficult questions, and we turn to those next. B. Section 286.0113 exempts from public meeting requirements “[a]ny portion of a team meeting at which negotiation strategies are discussed.” § 286.0113(2)(b)(2), Fla. Stat. But the exempted meetings do not forever remain out of public view: “A complete recording shall be made of any portion of an exempt meeting," id. § 286.0113(2)(c)(l), and the recordings become publicly available at “such time as the agency provides notice of an intended decision or [ ] 30 days after opening the bids, proposals, or final replies, whichever occurs earlier,” id. § 286.0113(2)(c)(2)....

...ons” of any particular meeting were covered. And to be sure, this interpretation enjoys some textual support. For one thing, other parts of the subsection refer to the “exempt meeting”—not “the exempt portions of the meeting,” see, e.g., § 286.0113(2)(c)(2), Fla. Stat. (noting recording of “the exempt meeting” is exempt from chapter 119); id. § 286.0113(2)(e)(1) (“No portion of the exempt meeting may be held off the record.”). 4 Plus, the Legislature used a seemingly more restrictive phrase in another part of the same statutory section, exempting “[í ]⅛<¾⅜ portion of a meeting” that would betray information about security systems. Id. § 286.0113(1) (emphasis added)....

...use different words to denote the same concept.” Id. Nonetheless, we cannot ignore the fact that in the same statutory section, the Legislature chose two separate phrases: “[t]hat portion of a meeting that would reveal ...” and “[a]ny portion of a meeting at which .... ” § 286.0113(1), (2)(b), But despite colorable arguments supporting the Department’s interpretation, we conclude that the statute’s “any portion” language limits the exemption to portions of meetings—the portions “at which negotiation ....

...on strategy.” But the question is not whether a vote constitutes a “negotiation strategy”; the question is whether, as a matter of law, a vote cannot be within that “portion of a team meeting at which negotiation strategies are discussed,” § 286.0113(2)(b)(2), Fla....

...both Xerox and SMI would have partid- *1270 pated m further negotiations knowing the Negotiation Team’s views of SMI’s proposal. Yet the exemption provides protections “until such time as the agency provides notice of an intended decision.” § 286.0113(2)(c)(2), Fla....

...eam meeting at which negotiation strategies are discussed.” C. .Last, we consider Carlson’s arguments about the failed audio recordings. As already noted, the statute required the Department to make a “complete recording” of exempt portions. § 286.0113(2)(c)(2), Fla....

...The Department made audio recordings of its meetings, and those recordings were “exempt until such time as the agency, provide[d] notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever occur[ed] earlier.” Id. § 286.0113(2)(c)(2)....

...Under these circumstances, we agree with the trial court that the Department’s technological inability to recover the two' meetings’ recordings do not constitute a statutory violation. AFFIRMED. WINOKUR and JAY, JJ., CONCUR. . Courts commonly refer to Section 286.011, Florida Statutes, as the “Government in the Sunshine Law.” E.g., Sarasota Citizens For Responsible Gov’t v....

...City of Sarasota, 48 So.3d 755, 762 (Fla. 2010); Canney v. Bd. of Pub. Instruction of Alachua County, 278 So.2d 260, 262 (Fla. 1973). . If the .agency rejects all bids and starts over, the recordings are exempt until the agency completes the subsequent process. Id. §' 286.0113(2)(c)(3)....

...In another provision, though, the Legislature has referred to an "exémpt portion of an exempt meeting,” §' 1004.055(2), Fla. Stat., suggesting that the Legislature’s use of “exempt meeting” does not always refer to a meeting that is entirely exempt. . Incidentally; section 286.0113(2)(b)(l), as originally enacted (then numbered *1268 286.0113(2)(a)) exempted: "A meeting at which a negotiation with a vendor is conducted ....” Ch....

Question One The Government in the Sunshine Law, section 286.011, Florida Statutes, requires that meetings of

exempt from the open meetings requirement of section 286.011, Florida Statutes? In sum: In the absence of

...It is permissible for the authority, prior to a meeting, to circulate drafts of proposals of actions to be taken by the authority so that the authority members may have the opportunity to study the proposals prior to the time of the formal meeting. AS TO QUESTION 1: The Sunshine Law, s. 286.011 , F....

...Additionally, in AGO 074-84 it was held that a single member of a board or commission who is authorized or directed or designated by such board to act for and on behalf of, or exercise authority in the name of, the entire board stands in the place of the entire board and is thereby subject to the provisions of s. 286.011 ....

...lic meeting and such original draft is open for inspection to the public during the time it is circulating among the members (see AGO 074-215 as to "work-products" or "working-papers"), I am of the view such a policy would be permissible pursuant to s. 286.011 , F.S. Also see ss. 119.01 , 119.011 , and 119.07 , F.S. In reference to the minutes of a meeting, the Sunshine Law requires such minutes to be promptly recorded and open to public inspection. Section 286.011 (2), F.S....

negates an action taken by the advisory body. Section 286.011, F.S.; Town of Palm Beach, supra, at 9. Since

...For meetings, however, where a quorum is necessary for action to be taken, physical presence of the members making up the quorum would be required in the absence of a statute providing otherwise. Internet access to such meetings, however, may still be offered to provide greater public access. Section 286.011 , Florida Statutes, Florida's Government in the Sunshine Law, provides a right of access to government proceedings at both the state and local levels....

...e Law must be broadly construed to effect its remedial and protective purpose. 2 A fundamental requirement of the Sunshine Law is that meetings of entities covered by the Sunshine Law be "open to the public." The term "open to the public" as used in section 286.011 , Florida Statutes, means open to all persons who choose to attend....

...3 In addition, the courts of this state have held that the Sunshine Law extends to discussions and deliberations as well as formal actions taken by a public board or commission. 4 Thus, informal discussions held by airport authority members regarding authority business are subject to the requirements of section 286.011 , Florida Statutes....

...This office has concluded that, in the absence of a statute to the contrary, the requisite number of members must be physically present at the meeting in order to constitute a quorum. 7 While a quorum is not required for a meeting to be subject to section 286.011 , Florida Statutes, 8 to the extent that the airport authority is required to have a quorum in order to conduct official business, it appears that the members of the authority would, in the absence of a statute to the contrary, have to be physically present in order to constitute a quorum....

...89-39 (1989), stating that a board of county commissioners may use a computer network in the course of their official business; however, any discussions between the members of the board via computer on issues pending before the board would be subject to the provisions of s. 286.011 , Fla....

...2 However, the trial court erred in denying Appellants’ petition for mandamus to compel the disclosure of the full shade meeting transcript without conducting an in camera review of the transcript to determine if 1 Meetings held between a governmental board and its attorney pursuant to section 286.011(8) to discuss settlement and litigation strategy, which are not open to the public, are commonly referred to as “shade meetings.” Anderson v. City of St. Pete Beach, 161 So. 3d 548, 551 n.2 (Fla. 2d DCA 2014). 2 Appellants also raise an issue about technical compliance with section 286.011(8), Florida Statutes (2017), in that they had not been provided with a redacted transcript of the closed meeting (showing compliance as to who was present during the closed meeting and the time period of the meeting)....

...all of the parties. Eventually, Lake Point and the District developed a settlement agreement at mediation (“the MSA”). The District held duly noticed meetings that included closed and confidential attorney-client sessions in accordance with section 286.011(8), Florida Statutes (2017)....

...The Appellants gave notice of appeal. 4  Appellate Analysis In support of their contention that they are entitled to the full transcript of the Shade Meeting, Appellants rely on section 286.011(8), Florida Statutes (2017). Section 286.011(8) provides for a limited exception to the public meeting requirements of Florida’s Sunshine Law. Appellants contend that section 286.011(8) does not contain an explicit exception for mediation communications....

...e is a public records exemption from disclosure of the Shade Meeting transcript. In Appellants’ view, the trial court impermissibly expanded the temporary delay for the public to have access to the full Shade Meeting transcript, as contemplated by section 286.011(8), into a permanent delay. The District contends that the statutory provisions protecting the confidentiality of mediation communications are not at odds with the provisions of section 286.011(8)....

...relief sought by Appellants. Also important to the analysis are the provisions of article I, section 24 of the Florida Constitution. We proceed with a discussion of the pertinent constitutional and statutory provisions. Florida’s Sunshine Law and Section 286.011(8) “Originally codified by statute, the Sunshine Law ....

...“[a]ll laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force, and such laws apply to records of the legislative and judicial branches, until they are repealed.” Art. I, § 24(d), Fla. Const. Section 286.011, commonly referred to as the “Sunshine Law,” is the primary statute that implements article I, section 24(b). Thus, section 286.011(1), requires: 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. § 286.011(1), Fla. Stat. (2017). “Because section 286.011 ‘was enacted in the public interest to protect the public from “closed door” politics ....

...n of Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla. 1974). Because the Sunshine Law must be liberally construed in favor of open government, “exemptions should be narrowly construed.” Brown v. Denton, 152 So. 3d 8, 11 (Fla. 1st DCA 2014). Section 286.011(8) provides an exemption to the open meeting requirement of the Sunshine Law under certain conditions. See Zorc, 722 So. 2d at 896. Section 286.011(8) states: 6  (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...

...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....

...on expenditures. Id. 7  The subsection (8)(e) requirement that transcripts of shade meetings “shall be made part of the public record” is a focal point of our analysis. We deem it important to note that section 286.011(8)(e) provides for a significant delay between a shade meeting and when the transcript of the meeting becomes a public record. The language of section 286.011(8)(e) leads to our discussion of the Public Records Act. Florida Public Records Act – Chapter 119, Florida Statutes Similar to the Sunshine Law, the Public Records Act was added to the Florida Constitution, and is also conta...

...tatutory Provisions. Appellants argue that the statutory provisions protecting the confidentiality of mediation communications do not create an exemption to the disclosure of the full Shade Meeting transcript because there is no exemption under section 286.011 regarding mediation....

...proceeding.” § 44.102(3), Fla. Stat. (1990) (emphasis added). Based on the language of article I, section 24(d), we conclude the trial court properly determined that sections 44.102(3) and 44.405(1) are not inconsistent with the provisions of section 286.011(8)....

...e, and clause must be read in light of the others to form a congruous whole so as not to render any language superfluous.” Dep’t of Envtl. Prot. v. Millender, 666 So. 2d 882, 886 (Fla. 1996). 11  Because section 286.011(8) was passed after the voters approved article I, section 24(d), and several years after statutes were enacted protecting the confidentiality of mediation communications, [i]t is axiomatic, [] that the courts must presume that...

...1995). Agency for Health Care Admin. v. In re Estate of Johnson, 743 So. 2d 83, 86-87 (Fla. 3d DCA 1999). Noting the principle that constitutional and statutory provisions must be read in pari materia in a way to harmonize the provisions of each, we point out that sections 286.011(8)(c) and (e), relating to the creation of a shade meeting transcript, must be considered together with section 286.0105, Florida Statutes (2017), which provides: Each board, commission, or agency of this state or of any politica...

...Section 286.0105 has been in effect since 1988, indicating that the legislature understood the importance of a verbatim record for appellate review of governmental board decisions when it adopted the transcript requirement for shade meetings. We also note that section 286.011(8) was not passed until after the voters approved article I, section 24. It is significant that the statutory provisions protecting the confidentiality of mediation communications were in effect for several years before the voters approved article I, section 24. In contrast, section 286.011(8) became law on May 15, 1993, but was not effective until June 30, 1993, one day before the grandfathered exemptions under article I, section 24(d) closed....

...involving information regarding multiple persons. Id. Error by Failing to Conduct an In Camera Review Even though the trial court correctly harmonized the statutory provisions protecting the confidentiality of mediation communications with the requirements of section 286.011(8), the trial court was led astray by the parties’ agreement that an in camera review of the transcript was not needed. When, as in the instant case, certain statutory exemptions are claimed by the party against whom th...

districts.1 The Government in the Sunshine Law, section 286.011(1), Florida Statutes, provides: "All meetings

...ether individual school board members and the superintendent can invoke the attorney-client privilege to keep communications between the individual school board members or the superintendent, and the school board attorney, confidential. Question One Section 286.011 , Florida Statutes, the Government in the Sunshine Law, requires that the meetings of public boards or commissions be open to the public. Pursuant to section 286.011 (1), Florida Statutes: "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 Constit...

...ject to the Sunshine Law. 2 The Government in the Sunshine Law has been construed to apply to all meetings between governmental agencies and their attorneys. In 1993, the Legislature enacted a specific exemption from the open meetings requirement of section 286.011 (1), Florida Statutes, for meetings between an entity's attorney and certain designated individuals to discuss settlement negotiations or strategy sessions related to litigation expenditures. However, as this office recognized in Attorney General's Opinion 95-6: "Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...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." 7 Thus, in the instant case, the school board is subject to the terms of section 286.011 , Florida Statutes....

...In contrast to the school board, which is a collegial body, the superintendent of schools is an individual employee of the board. Therefore, conversations between the superintendent and the school board attorney are not generally subject to the requirements of section 286.011 , Florida Statutes....

...8 Unless the superintendent has been delegated the authority to act on behalf of the school board in a decision-making capacity in meetings with the school board attorney, in which case compliance with the Sunshine Law is required, 9 such conversations are not subject to section 286.011 , Florida Statutes....

...exercise any decision-making authority on behalf of the board, i.e ., to reject or modify certain contract provisions or terms, that person would be acting on behalf of the board and any such meetings are subject to the Sunshine Law); 74-294 (1974) (section 286.011 , Fla....

Mr. James V. Crosby Secretary Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Dear Mr. Crosby: You ask substantially the following questions: 1) Does section 286.011 , Florida Statutes, the Government in the Sunshine Law, apply to the Prison Rehabilitative Industries and Diversified Enterprises (PRIDE)? 2) If PRIDE is subject to the provisions of section 286.011 , Florida Statutes, what are the notice and procedural requirements to which PRIDE must adhere? 3) If PRIDE is subject to the provisions of section 286.011 , Florida Statutes, may PRIDE hold a closed meeting to discuss proprietary confidential business information? 4) If PRIDE sends you proprietary confidential business information as a member of the PRIDE board of directors, does that i...

...rnor and confirmed by the Senate." The question has arisen as to whether meetings of the board of directors of such nonprofit corporation are subject to Florida's Government in the Sunshine Law. Question One Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, provides that all meetings of a board or commission of "any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision ....

...re] has dominion or control." 3 In light of the above, this office in Attorney General Opinion 92-80 concluded that the board of directors of a legislatively created nonprofit corporation, Enterprise Florida, Inc., was subject to the requirements of section 286.011 , Florida Statutes....

...Similarly in Attorney General Opinion 94-34 this office concluded that the Pace Property Finance Authority, Inc., a nonprofit corporation created by a county which created the Authority and prescribed its duties was subject to the dominion and control of the county and thus subject to the requirements of section 286.011 , Florida Statutes....

...purpose of sovereign immunity rather than the application of the Government in the Sunshine Law, the court recognized the significant ties between the nonprofit corporation and the state. Accordingly, in light of the above, I am of the opinion that section 286.011 , Florida Statutes, applies to Prison Rehabilitative Industries and Diversified Enterprises. To the extent that any previous opinions of this office are inconsistent, they are hereby modified. 6 Question Two Section 286.011 , Florida Statutes, requires that meetings of public boards or commissions be open to the public, that reasonable notice be given, and that minutes of the meetings be taken. While section 286.011 (1) now specifically provides that reasonable notice must be given, the need for such notice has long been considered to be an essential element to holding a public meeting....

...g stated a sufficient cause of action that the Sunshine Law had been violated. 9 A fundamental requirement of the Sunshine Law is that meetings of entities covered by the Sunshine Law be "open to the public." The term "open to the public" as used in section 286.011 , Florida Statutes, means open to all persons who choose to attend....

...and where they be a "chilling" effect on the public's willingness to attend by requiring the public to provide and leave identification while attending the meeting, and to request permission before entering the room where the meeting was being held. Section 286.011 , Florida Statutes, specifically requires that minutes be taken....

...This office has stated that such minutes may be a brief summary or series of brief notes or memoranda reflecting the events of the meeting. 12 Accordingly, I am of the opinion that meetings of the board of directors of PRIDE must be conducted in accordance with the notice and procedural requirements of section 286.011 , Florida Statutes....

...s. 13 While the statute creates an exemption from the Public Records Law, no reference is made to the Sunshine Law. The Florida Supreme Court has held that in the absence of a statute exempting a meeting in which privileged information is discussed, section 286.011 , Florida Statutes, should be construed as containing no exceptions. 14 In addition section 119.07 (5), Florida Statutes, was amended in 1991 to clearly provide that an exemption from section 119.07 "does not imply an exemption from or exception to s. 286.011 . The exemption from or exception to s. 286.011 must be expressly provided." 15 In light of the above, this office has stated that exception to or exemptions from Chapter 119 , Florida Statutes, do not by implication allow a public agency to close a meeting in which exempted material is to be discussed in the absence of a specific exception to or exemption from section 286.011 , Florida Statutes. 16 Accordingly, I am of the opinion that PRIDE may not hold a closed meeting when considering proprietary confidential business information in the absence of a specific exemption or exception to the open meeting requirements of section 286.011 , Florida Statutes....

...ness information as a member of the PRIDE board of directors, that information does not lose its exempt status by virtue of the fact that it was sent to your office in the Department of Corrections. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 286.011 (1), Fla....

...94-35 (meetings of the Board of Directors of Sunshine State One-Call of Florida, Inc., a nonprofit corporation created pursuant to statute, are subject to Sunshine Law); 97-17 (nonprofit corporation created by city redevelopment agency to assist in implementation of agency's plan subject to s. 286.011 ); 98-55 (meetings of board of directors of the Council n Aging of St....

...7 The statutory provision relating to notice was adopted in 1995, see s. 1, Ch. 95-353, Laws of Fla.; prior to that time, however, a notice requirement was read into the statute by the courts. See Hough v. Stembridge , 278 So.2d 288 (Fla. 3rd DCA 1973) (although s. 286.011 does not specifically mention such a requirement, as a practical matter in order for a public meeting to be in essence "public", reasonable notice thereof is mandatory); Yardbrough v....

...See Government in the Sunshine Manual, 2004 Edition, p. 35. 10 See Op. Att'y Gen. Fla. 99-53 (1999). 11 See Op. Att'y Gen. Fla. 71-295 (1971); and see Op. Att'y Gen. Fla. 71-159 (1971) (discussions at meeting which are only audible to those seated may violate s. 286.011 )....

a board or commission within the scope of section 286.011, Florida Statutes, and meetings of the board

meetings of the community standards committee. Section 286.011, F.S., the Government in the Sunshine Law,

...“any resolution, rule, regulation or formal action to be considered binding except as taken or made at such meeting.” (e.s.) Unlike statutes from other states, for example, Ark.Stat.Ann. § 12-2805 (1968); Cal. Gov’t Code § 54957 (West 1966), Section 286.011 does not except personnel matters from disclosure....

...te at a public meeting. Tolar was given both notice of the meeting and an opportunity to express his views prior to the vote. We do not feel that the Board’s decision should now be disturbed. AFFIRMED. MILLS, Acting C. J., and BOOTH, J., concur. . Section 286.011(1) states: 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 Constitution, at...

...the Government in the Sunshine Law exists for the deliberations of the statewide judicial nominating commission for worker's compensation judges. The deliberations of the commission, therefore, must be conducted in accordance with the provisions of s. 286.011 , F.S....

...440.45 (1), F.S., provided that the appellate district judicial nominating commission for the appellate district in which the judge of compensation claims would principally conduct hearings was responsible for nominating three persons to the Governor. Section 286.011 , F.S., the Government in the Sunshine Law, provides in pertinent part that "[a]ll meetings of any board or commission of any state agency or authority . . . 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 . . . ." 3 In determining what entities are covered by s. 286.011 , F.S., the Florida courts and this office have stated that it was the Legislature's intent to extend application of the Sunshine Law so as to bind "every `board or commission' of the state, or of any county or political subdivision over which it has dominion and control." 4 As a commission created by the state Legislature pursuant to legislative act which sets forth its composition, purpose, and duties, the commission appears to be covered by the terms of s. 286.011 , F.S....

...judges to be open. Section 440.45 , F.S., as amended, does not indicate a contrary result. While stating that the meetings and determinations of the commission shall be open, it does not contain any exception to or exemption from the requirements of s. 286.011 , F.S., for its "deliberations." Nor, in my opinion, can any such exception or exemption be implied. 6 Accordingly, I am of the opinion that the statewide judicial nominating commission for worker's compensation judges is subject to s. 286.011 , F.S. Inasmuch as no exemption from the Government in the Sunshine Law exists for the deliberations of the commission, such deliberations must be conducted in accordance with the provisions of s. 286.011 , F.S....

...Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 23, Ch. 89-289, Laws of Florida, substituted references to judges of compensation claims and chief judge for references to deputy commissioners and chief commissioner. 2 Section 440.45 (3), F.S. 3 Section 286.011 (1), F.S....

...Fla., 1969); City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971); AGO's 83-97 and 76-230. 5 See generally, AGO 83-97 concluding that a circuit court conflict committee established by the 1983 General Appropriations Act to approve attorneys handling conflict cases is subject to s. 286.011 , F.S.; Cf., Canney v....

...he public. A board exercising quasi-judicial functions is not part of the judicial branch of government. 6 See generally, Board of Public Instruction of Broward County v. Doran, 224 So.2d 693 (Fla. 1969) (as a statute enacted for the public benefit, s. 286.011 , F.S., should be liberally construed); Canney v....

...of Collier County (the School Board) that dismisses the four counts of the Plaintiffs' complaint with prejudice. We affirm the dismissal of counts two, three, and four without further discussion. Count one alleged violations of the Sunshine Law, section 286.011, Florida Statutes (2016), in the selection of the textbooks....

...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. § 286.011(1); see also art....

...Therefore, we conclude that the Textbook Committees have been delegated decision-making authority, that the Sunshine Law applies to meetings of the Textbook Committees, and that those meetings must be open to the public with reasonable notice provided. See § 286.011(1); Sarasota Citizens, 48 So. 3d at 762; Silver Express, 691 So. 2d at 1100-01. Reasonable Notice The Plaintiffs contend that the School Board failed to give reasonable notice for the meetings of the Textbook Committees. See § 286.011(1) (requiring reasonable notice of public meetings)....

...ng pursuant to section 120.57, Florida Statutes, and the case was referred to the Division of Administrative Hearings (DOAH). Baker challenged the investigative process and probable cause determination, alleging that Department failed to comply with section 286.011, Florida Statutes, the government in the “Sunshine” Law, that the investigation was not within Department protocols, that the rule was applied in an inconsistent fashion, contrary to the Fourteenth Amendment, and that Department’s unequal treatment of his case deprived him of administrative fairness....

The Florida Government in the Sunshine Law, section 286.011(1), Florida Statutes, provides: "All meetings

...You indicate that, in the event a regularly appointed member of the committee is unable to attend a meeting, a designated alternate for such member is permitted to serve in the regular advisory board member's stead. The Government-in-the-Sunshine Law, s. 286.011 , F.S., provides in part: All meetings of any board or commission ....

...uch meeting. 1 The Sunshine Law is applicable to any gathering where two or more members of a public board or commission discuss matters on which foreseeable action will be taken by the board or commission. 2 As this office stated in AGO 84-16, "for s. 286.011 to apply to a particular meeting, 2 or more members, of a body or other entity or group to which the Sunshine Law applies, must be present, or there must have been delegation of decision-making by such a body to either a single member thereof or to an advisory group or committee used by the covered entity." 3 Utilizing this construction of s. 286.011 , F.S., this office determined that a meeting between the chairman of a private industry council, who had been appointed by the governor pursuant to federal law, and a single county commissioner who was the chairman of the administrative board of a five-county consortium created by statute and subject to the dominion and control of the Legislature was not subject to s. 286.011 , F.S., unless there had been a delegation of decision-making authority to that single member of the consortium who attended the meeting....

...dation procedure in which a Sunshine violation was alleged to be a substantive infirmity. The appellants (Rowe) argued that meetings between the Pinellas Sports Authority, the City of St. Petersburg, and Pinellas County had been held in violation of s. 286.011 , F.S....

...t noted, the individuals involved could only report back to their respective governmental bodies and all subsequent discussions and decisions of the three governing bodies took place in open public meetings. Thus, the Court held that the language of s. 286.011 , F.S., did not apply to these meetings and "since no two individuals who were members of the same governing body were present at any one of these discussions, no decision-making official acts could occur that would violate the act." 7 Sim...

...attend a meeting and act in the member's stead would not be subject to the Government-in-the-Sunshine Law as no two individuals with decision-making capacity for the committee will be present. Sincerely, Robert A. Butterworth Attorney General (gh) 1 Section 286.011 (1), F.S....

...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....

...District mental health boards are not state boards or agencies within the contemplation of Chs. 287 and 255, F. S., so as to be subject to the competitive bidding or lifecycle cost analysis requirements thereof; district mental health boards are public agencies or boards within the contemplation of s. 286.011 , F....

...Such meetings shall be advertised in a newspaper of general circulation in the board district, at least one time, no more than 10 days and no less than 7 days prior to such meeting. It is intended that such meetings shall be widely publicized. (Emphasis supplied.) Section 286.011 , F....

..., 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. Subsection (2) of s. 286.011 , supra, further provides that the minutes of any such meeting shall be promptly recorded and the same shall be open to public inspection....

...As I have had the opportunity to opine on many occasions since the adoption of the present Sunshine Law, the courts have stated, almost without exception, that all phases of the decision-making process, including collective inquiry and discussion, must be conducted in the sunshine and that the Sunshine Law, s. 286.011 , F....

...1974), on remand 298 So.2d 443 ; City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971). Based upon the foregoing authorities and the express provisions of s. 394.71(6), F. S. (1976 Supp.), I am of the opinion that the district mental health boards are public agencies within the contemplation of s. 286.011 , F....

...public meeting where arguments propounded by Somerset were heard, and the State Board’s final orders, which were issued by Commissioner Pam Stewart “on behalf of the State Board of Education Chair,” reflect the legal arguments advanced by Somerset in in its briefs. See § 286.011(1), Fla....

...d in the judgment.” We reverse the denial of costs to Greenacres, because as a prevailing party, Greenacres is entitled to recover its costs. We also agree with Greenacres that it prevailed upon its claim against FIRMA for Sunshine Act violations. Section 286.011(4), Florida Statutes, requires the assessment of reasonable attorney’s fees against the public entity and in favor of the person filing an action to enforce the open meetings provision of the statutory section or invalidation of an...

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

...The complaint alleged that the closed-door mediation sessions constituted collective bargaining negotiations that, under section 447.605(2), Florida Statutes 3 (2013), were conducted in violation of Florida’s Sunshine Law as codified in section 286.011, Florida Statutes (2013)....

...of comity, and the Supremacy Clause. We are not persuaded that any of these issues require reversing Judge Wallace’s well-reasoned and sound order. The Sunshine Law provides a right of access to government. See Art. 1, § 24, Fla. Const.; § 286.011, Fla....

...of public employees. Section 447.605(2), Florida Statutes (2013), provides: The collective bargaining negotiations between a chief executive officer, or his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.011. Thus, once the collective bargaining process begins, whenever one side or any of its representatives at any time meets with the other side or any of its representatives to discuss anything relevant to the terms and conditions of...

...2d 408, 412 (Fla. 2d DCA 1987). The matters here were presented to the circuit court in the context of violations of the Sunshine Law. Considering and determining Sunshine Law violations are within the circuit court’s purview. See § 286.011(2), Fla....

...We conclude that justiciable issues were presented in this case, and we therefore reverse the award of an attorney’s fee. The plaintiff, an employee of the defendant County, sought relief from an action of the County Commission upon an allegation that the Commission’s action was taken in violation of the Sunshine Law, § 286.011, Fla Stat....

...Statutes (2011). Finally, Anderson argues that the trial court erred when it entered summary judgment in favor of the City; Commissioners Beverly Garnett, Lorraine Huhn, Marvin Shavlan, and James Parent; and Mayor Steve McFarlin on his claim that they violated section 286.011, Florida Statutes (2011), Florida's Government in the Sunshine Law, by discussing and orchestrating the passage of section 163.32466, amendments to the City's Charter, and an amendment to the City's comprehensive plan during a series of seven shade meetings....

...comply with the notice provisions of section 166.041(c)(3). Anderson also challenges the entry of summary judgment in favor of the City on his claim that the appellees violated article I, section 24 of the Florida Constitution and section 286.011, the Government in the Sunshine Law....

...Anderson alleged that over a period of eight months the Commissioners met in secret and formulated a strategy to readopt a comprehensive plan amendment that had been judicially invalidated and then to insulate the readopted plan from future administrative or judicial challenges.3 Section 286.011(8) creates an exemption to the Sunshine Law for meetings between a public body and its attorney: (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any 2 A "shade meeting" is a meeting held pursuant to section 286.011(8), which creates an exemption to the Sunshine Law to permit counsel for public bodies to obtain nonpublic advice from public bodies concerning "settlement negotiations" and "strategy sessions related to litigation expenditures" regar...

...Law in the first instance; it simply provides a way to salvage a void act by reconsidering it in Sunshine. See, e.g., Tolar, 398 So. 2d at 429. Amicus also points out that responsibility for a violation can include criminal and noncriminal penalties under section 286.011(4)....

...sion may be unopposed, he or she is not considered to be elected until the election has been held. Therefore, the candidate is not a member-elect for purposes of the Government in the Sunshine Law until that time. The Government in the Sunshine Law, section 286.011 , Florida Statutes, provides in pertinent part: "All meetings of any board or commission ....

...2 Thus, the courts of this state and this office have considered the Sunshine Law to be applicable to any gathering where two or more members of the same public board discuss matters on which foreseeable action will be taken by that board or commission. 3 The courts have also recognized the applicability of section 286.011 , Florida Statutes, to members-elect of public boards or commissions....

...6 Accordingly, I am of the opinion that although a candidate running for city commission may be unopposed, he or she is not considered to be a member-elect for purposes of the Government in the Sunshine Law until the election has been held. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 286.011 (1), Fla....

...er, and the city commission are proceedings under the city's risk management program for tort liability and relate solely to the evaluation of a claim filed with the program or an offer of compromise of such a claim, such proceedings are exempt from s. 286.011 , F.S., and the minutes of such proceedings as well as the claims files maintained under such program are exempt from disclosure until the termination of the litigation and settlement of claims arising out of the same incident. Section 286.011 , F.S., the Government in the Sunshine Law provides: 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 othe...

...119 , F.S., which requires the disclosure of records made or received by a public agency in connection with the transaction of its official business. 2 In the absence of a statutory exemption, therefore, discussions between the city attorney and the city commission are subject to s. 286.011 , F.S., and any records generated from such meetings, absent such an exemption, are subject to the disclosure provisions of Ch....

...am or which relate solely to offers of compromise of claims filed with such a risk management program, shall not be subject to inspection under the provisions of s. 119.07 (1); nor shall such proceedings be open to the public under the provisions of s. 286.011 ....

...programs in anticipation of any claim, judgment or claims bill which they may be liable to pay under this statute, i.e ., for tort claims against the governmental entity. Therefore, while s. 768.28 (14), F.S., provides an exemption from Ch. 119 and s. 286.011 , F.S., such exemption is not unlimited....

..., and the city commission are proceedings under the city's risk management program for tort liability which relate solely to the evaluation of a claim filed with the program or an offer of compromise of such a claim, such proceedings are exempt from s. 286.011 , F.S., and the minutes of such proceedings as well as the claims files maintained under such program are exempt from disclosure until the termination of the litigation and settlement of claims arising out of the same incident....

...Earle, 109 So.2d 388 (2 D.C.A. Fla., 1959) (language in any legislation is to be construed with the particular act of which it is a part). 6 See , Board of Public Instruction of Broward County v. Doran, 224 So.2d 693 (Fla. 1969) (as a statute enacted for the public benefit, s. 286.011 , F.S., should be liberally construed to give effect to its public purpose while exemptions should be narrowly construed); Seminole County v....

...raph." (e.s.) The statute further exempts portions of meetings and proceedings conducted pursuant to a risk management program which relate solely to the evaluation of claims filed with the program or offers of compromise filed with the program from section 286.011 , Florida Statutes, and section 24(b), Article I of the State Constitution....

...to risk management programs in anticipation of any claims, judgments, or claims bills they may be liable to pay under the statute arising from a tort claim against the governmental entity. Thus, the exemption from Chapter 119 , Florida Statutes, and section 286.011 , Florida Statutes, applies only to the governmental entity's risk management program for tort liability....

...The opinion further stated that the exemption apparently contemplates the existence of a claim having been filed prior to its becoming effective. It concluded, therefore, that only those proceedings of a risk management program relating solely to the evaluation of a claim filed with the program would be exempt from section 286.011 , Florida Statutes....

are exempt from Florida's open meetings law, section 286.011, Florida Statutes, and section 24(b), Article

subject to the open meetings requirement of section 286.011, Florida Statutes, Florida's Government in

...After such a board is formed, it reviews the termination decision and makes a recommendation to the mayor. You state that while you are of the opinion that meetings of the fully composed board to review termination decisions are subject to the Sunshine Law, 1 you are unsure whether s. 286.011 , F.S., applies to meetings of the two members selected by the mayor and the employee respectively, when they discuss the selection of the third member. You state, however, that in light of the liberal application given to the Sunshine Law, you are of the opinion that such meetings are subject to the Sunshine Law. I concur in such a conclusion. Section 286.011 (1), F.S., the Government in the Sunshine Law, provides in pertinent part: All meetings of any board or commission ....

...or formal action shall be considered binding except as taken or made at such meeting. As a statute enacted for the public benefit, the Sunshine Law is to be liberally construed to give effect to its public purpose. 2 Thus, the courts have held that s. 286.011 , F.S., is not limited to meetings at which final, formal actions are to be taken, but rather applies to "any gathering of the members where the members deal with some matter on which foreseeable action will be taken by the board." 3 While...

The Honorable Rita Garvey Mayor-Commissioner City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 Dear Mayor Garvey: On behalf of the City Commission of the City of Clearwater, you ask substantially the following question: Does s. 286.011 , F.S., apply to meetings between the chairman of a community redevelopment agency and the applicant selected for the position of executive director, to negotiate an agreement of employment that will be brought back to the agency's governi...

...You state that the chairman has no decision-making authority and must bring back an agreement to the governing body for final approval. You further state that the purpose of these "negotiations" is merely the discussion and exploration of contract proposals and terms, which will be related back to the governing body. Section 286.011 (1), F.S., known as the Florida Government in the Sunshine Law, provides in part: All meetings of any board or commission ....

...ect to the Sunshine Law. In order to avoid a circumvention of the law, however, this office has stated that the Sunshine Law also applies when an individual has been delegated the authority to act on behalf of a public board or commission covered by s. 286.011 , F.S....

...4 As this office stated in AGO 84-54, [A] single member of a board or commission who is authorized or directed or designated by such board to act for and on behalf of, or exercise authority in the name of, the entire board, stands in the place of the entire board and is thereby subject to the provisions of s. 286.011 , F.S....

...The courts, however, have recognized a distinction between a delegation of decision-making authority and fact finding. When an individual has been authorized to gather information only for the board, the Sunshine Law does not apply. For example, in Florida S.T.O.P., Inc. v. Goodrum, 7 the court held that s. 286.011 , F.S., did not apply to a single member of a housing authority appointed only to gather information about sites for the authority....

...If, however, the board member has been authorized to exercise any decision-making authority on behalf of the board, such as approving or rejecting certain contract provisions, he would be acting on behalf of the board and such meetings would be subject to s. 286.011 , F.S....

...alf of board in such matters as the lease of land); AGO 84-54 (delegation of city commission's authority to single commissioner to meet with private nonprofit organization for purpose of discussing and participating in referendum proposal subject to s. 286.011 )....

Government in the Sunshine Law, s. 286.011, F.S.? Section 286.011, F.S., requires that "[a]ll meetings of any

...28937, 1953, Laws of Florida, for the purpose of conserving natural roadside growths and scenery and beautifying the highways, roads, and streets in Broward County as provided in Ch. 28937, is an agency or authority of the county for the purposes of and subject to the provisions of the Government in the Sunshine Law, s. 286.011 , F....

...of any state agency or authority or of any agency or authority of any county, municipal corporation or any political subdivision . . . at which official acts are to be taken are declared to be public meetings open to the public at all times. . . . [Section 286.011 (1), F....

...report all its receipts and expenditures and the purpose thereof to the county commissioners. It is clear, therefore, that said committee is an agency or authority of the county for the purposes of and subject to the provisions of the Sunshine Law, s. 286.011 , F....

...e committee. The Sunshine Law requires that the public have knowledge of and accordingly be given the opportunity to participate meaningfully in this decision-making process. Additionally, I find no pertinent legislative provision which exempts from s. 286.011 , F....

light of the Government in the Sunshine Law, section 286.011, Florida Statutes, may the City Commission

...he following question: May attorneys representing a superintendent of schools in an administrative action before the Department of Administrative Hearings meet with the school board to discuss settlement of the administrative proceedings pursuant to section 286.011 (8), Florida Statutes? In sum: Section 286.011 (8), Florida Statutes, provides a limited exception to the open meetings requirements of the Government in the Sunshine Law for meetings between the school board, which is the named party in this administrative action, and that entity's attorney....

...An appeal was taken and an administrative hearing was held before an administrative law judge assigned by the Department of Administrative Hearings who issued a recommended order. The attorneys for the superintendent have requested a closed meeting with the school board pursuant to section 286.011 (8), Florida Statutes, to discuss settlement negotiations or strategy sessions related to litigation expenditures. Section 286.011 (8), Florida Statutes, makes litigation strategy or settlement meetings confidential when they are held between a board and its attorney and the board is a party before a court or administrative agency....

...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." As this office recognized in Attorney General Opinion 95-06: "Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...d to litigation expenditures." 1 It is well settled that the Sunshine Law was enacted for the benefit of the public and should be construed liberally to give effect to its public purpose, while exceptions to its terms should be construed narrowly. 2 Section 286.011 (8), Florida Statutes, refers to pending litigation to which the entity is presently a party before a court or administrative agency....

...completed; during; before the conclusion of; prior to the completion of; unsettled; undetermined; in process of settlement or adjustment. Thus, an action or suit is "pending" from its inception until the rendition of final judgment." 3 By its terms, section 286.011 (8), Florida Statutes, limits discussions at these closed meetings to settlement negotiations or strategy sessions dealing with litigation expenditures....

...7 Thus, it appears that the School Board of Monroe County is the party named in pleadings in the administrative action before the Department of Administrative Hearings and it is the school board and the school board's attorney that are authorized by section 286.011 (8), Florida Statutes, to meet to discuss settlement negotiations or strategy sessions related to litigation expenditures. 8 In sum, it is my opinion that section 286.011 (8), Florida Statutes, provides a limited exception to the open meetings requirements of the Government in the Sunshine Law for meetings between the school board, which is the named party in this administrative action, and that entity's attorney. The attorneys representing the superintendent of schools are not within the scope of this exception and may not meet with the school board to discuss settlement negotiations or strategy sessions related to litigation expenditures pursuant to section 286.011 (8), Florida Statutes....

...Sincerely, Bill McCollum Attorney General BM/tgh 1 And see School Board of Duval County v. Florida Publishing Company , 670 So. 2d 99 (Fla. 1st DCA 1996), agreeing with and quoting Op. Att'y Gen. Fla. 95-06 (1995). See also Op. Att'y Gen. Fla. 04-35 (2004) (s. 286.011 [8]'s application limited to pending litigation; it does not apply when no lawsuit has been filed even though the parties involved believe litigation is inevitable)....

...Question Two You ask whether notice is required during a declared state of emergency when two or more county commissioners meet with staff to discuss emergency procedures that may come before the commission for action. Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, has been applied to any gathering of two or more members of the same board to discuss some matter that foreseeably will come before that board for action....

...for action. If the discussion between the commissioners and staff concerns issues that do not require action by the county commission, such a casual discussion between staff and the commissioners would not appear to be subject to the requirements of section 286.011 , Florida Statutes....

...Stembridge , 278 So.2d 288 (Fla. 3rd DCA 1973); and see City of Miami Beach v. Berns , 245 So.2d 38 (Fla. 1971); Board of Public Instruction of Broward County v. Doran , 224 So.2d 693 (Fla. 1969); Wolfson v. State , 344 So.2d 611 (Fla. 2nd DCA 1977). 5 Section 286.011 (1), Fla....

Dear Ms. Echeverri: You have asked substantially the following question: Does section 286.011 , Florida Statutes, apply to orientations given by local county officials for special magistrates hired to hear value adjustment board petitions? In counties with a population of more than 75,000, the county's value adjustment board i...

...public." While the plain language of the statute requires such training sessions to be open to the public, nothing in the statute or in the legislative analysis accompanying the statutory change indicates that they are subject to the requirements of section 286.011 , Florida Statutes. 3 Section 286.011 , Florida Statutes, provides a right of access to governmental proceedings, requiring that meetings of public boards or commissions be open to the public, that reasonable notice of such meetings be given and that minutes of the meeting be taken. In light of the fact that there is no meeting of a board or commission at which official business will be conducted, section 286.011 , Florida Statutes, would not be implicated....

...You state that a number of counties have been conducting orientation sessions for the special magistrates contracted to hear value adjustment board petitions. The question has arisen whether these local orientations are subject to the open meeting requirements in section 286.011 , Florida Statutes....

...ch orientations a public meeting. Absent a meeting of two or more members of a board or commission at which matters upon which foreseeable action will be taken are discussed, the orientation sessions held by local governments would not be subject to section 286.011 , Florida Statutes....

...6 Nothing, however, would preclude a county from allowing public attendance at such orientation sessions in order to facilitate better citizen education of the value adjustment board process and to carry out the Legislature's intent. Accordingly, it is my opinion that section 286.011 , Florida Statutes, does not apply to orientations given by local county officials for special magistrates hired to hear value adjustment board petitions....

...terminations or exercise any portion of the municipality's sovereign power, there would not appear to be an office subject to the dual officeholding prohibition. 6 Your final question relates to the application of the Government in the Sunshine Law, section 286.011 , Florida Statutes, to public meetings of boards or committees where a town commissioner serves on a board or committee and another member of the town commission may address the entity on a matter that foreseeably may come before the town commission for action....

...public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken. 7 In Attorney General Opinion 2000-68, this office was asked whether it was a violation of section 286.011 , Florida Statutes, for elected city commissioners to attend other city board meetings and comment on agenda items that may subsequently come before the commission for final action....

...Questions regarding such matters should be addressed to the Florida Commission on Ethics, Ms. Bonnie J. Williams, Executive Director, P.O. Drawer 15709, Tallahassee, FL 32317-5709; phone: 850/488-7864; fax: 850/488-3077; internet: http://www.ethics.state.fl.us/ 7 See s. 286.011 (1)-(2), Fla....

1980). 2 Section 119.011(2), Fla. Stat. 3 Section 286.011(1), Fla. Stat. 4 596 So. 2d 1029, 1031 (Fla

Review Board of the City of Orlando? SUMMARY: Section 286.011, F.S., Florida's Government in the Sunshine

Mr. Charles J. Billias Cocoa Beach City Manager Post Office Box 322430 Cocoa Beach, Florida 32932-2430 Dear Mr. Billias: You have asked for my opinion on substantially the following question: Is it a violation of section 286.011 , Florida Statutes, for elected city commissioners to attend other city board meetings and comment on agenda items that may subsequently come before the commission for final action? In sum: It is not a violation of the Government in t...

...At these meetings city commissioners may comment on agenda items and non-agenda items, announcing that they are speaking as citizens and residents rather than as commissioners. More than one commissioner typically attends such board meetings, and on certain occasions all commissioners may be present at a meeting. Section 286.011 (1), Florida Statutes, the Government in the Sunshine Law, requires: "All meetings of any board or commission of ....

comply fully with the constitutional mandate. In § 286.011(8), Florida Statutes, the legislature provided

subject to the Government in the Sunshine Law. Section 286.011(1), F.S., provides in pertinent part:

relative to collective bargaining are exempt from Section 286.011 and need not be held in the “sunshine”. Section

...Harrison: On behalf of the Hillsborough County Hospital Authority, you ask the following questions: 1. Is the Employee Advisory Committee of the Hillsborough County Hospital Authority subject to Article I , section 24 (b), Florida Constitution, and section 286.011 , Florida Statutes? 2....

...24 (a), Florida Constitution, and Chapter 119 , Florida Statutes? In sum: 1. The Employee Advisory Committee, established pursuant to special law with the authority to make recommendations to the Hillsborough County Hospital Authority, is subject to section 286.011 , Florida Statutes, and Article I , section 24 (b), Florida Constitution....

...1 You have advised this office that the committee is represented at meetings of the authority's governing board by the committee chairman, who interacts directly with the governing board with respect to personnel matters. You further state that it is your opinion that the committee is subject to section 286.011 and Chapter 119 of the Florida Statutes, as well as Article I , section 24 of the Florida Constitution....

...ly closed by this Constitution. 2 The courts have recognized that Article I , section 24 , Florida Constitution, has elevated to constitutional status the public's right to government in the sunshine that had previously been recognized by statute. 3 Section 286.011 (1), Florida Statutes, Florida's Government in the Sunshine Law, provides: 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 subdi...

...cy and which possess no authority to bind that agency in any way. 4 This office, for example, in Attorney General Opinion 92-26 concluded that a personnel advisory committee, responsible for making recommendations to the city council, was subject to section 286.011 , Florida Statutes....

...for committees established for fact-finding only. When a committee has been established strictly for, and conducts only, fact-finding activities, i.e., strictly information gathering and reporting, the activities of that committee are not subject to section 286.011 , Florida Statutes....

...thority." You have advised this office that the committee "continuously make[s] recommendations directly to the governing board [of the authority] with respect to personnel matters." In light of the above, it appears that the committee is subject to section 286.011 , Florida Statutes....

...While the Legislature has created several exemptions to the requirements of the Sunshine Law for various hospital activities, I am not aware of, nor have you drawn my attention to, any provision exempting the activities of the committee from either section 286.011 or Article I, section 24(b). 7 Although the committee considers personnel matters, that does not, in and of itself, remove the committee's activities from the provisions of either section 286.011 or Article I, section 24(b)....

...e of a specific statutory exemption. 8 Accordingly, I am of the opinion that the Employee Advisory Committee, established pursuant to special law with the authority to make recommendations to the Hillsborough County Hospital Authority, is subject to section 286.011 , Florida Statutes, and Article I , section 24 (b), Florida Constitution....

...and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. 11 See, e.g., Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. 1974) (publicly created advisory board subject to s. 286.011 would also be an "agency" whose records must be disclosed in the absence of a statutory exemption); Inf....

Sunshine may apply in light of their attendance. Section 286.011(1), Florida Statutes, the Government in the

governed by the Government in the Sunshine Law, section 286.011, Florida Statutes? In sum: The Board of Directors

...You state that a selection committee, composed of two members of the city council, screens all specific proposals for municipal projects submitted by consultants and audit firms and selects whatever number the committee deems necessary. The proposals are then submitted to the council for its approval. Section 286.011 , F....

...provided on 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 (1), F....

...Fla., 1979), the Third District Court of Appeal held that an advisory group, appointed by a city manager to assist him in screening applications and to make recommendations for the position of police chief was a `board' as that term is utilized in s. 286.011 , F....

...119.01 and 119.07 (1) until such time as they are declared `public records' by the Department of State. Cf ., s. 112.324 (1), F. S., making the records relating to preliminary investigations of the Ethics Commission confidential, with certain exceptions, notwithstanding the provisions of Ch. 119. Section 286.011 (1), F....

...However, it is clear that reconciliation is impossible in the instant situation, since if the commission conformed to one of the statutory requirements, it would be in direct violation of the other. Section 106.25 is the later of the two statutes to be adopted (1973, amended 1974; s. 286.011 was adopted in 1967, amended 1971)....

...Hence, pending legislative or judicial clarification, it is the view of this office that s. 106.25 is an implied modification of or exception from Florida's Government-in-the-Sunshine Law. Compare s. 112.324 (1), F. S., making confidential and exempt from s. 286.011 , F....

...Bowen Attorney for the School Board of Pinellas County Post Office Box 2942 Largo, Florida 34649-2942 Dear Mr. Bowen: On behalf of the School Board of Pinellas County, you have asked for my opinion on the following questions: 1. Is it a violation of section 286.011 , Florida Statutes, for an individual school board member to send a memorandum to other school board members informing them that the individual member intends to recommend certain action at the next school board meeting? 2....

...It is permissible for a school board member to prepare and circulate an informational memorandum or position paper to other board members. However, responsive memoranda or comments may not be solicited or supplied in circumvention of the open meetings requirement of section 286.011 , Florida Statutes....

...You acknowledge that, as is the case with any other correspondence going out to individual board members from the school board office, a copy of this memorandum is maintained as a public record and is made available to the press and public for inspection and copying. Section 286.011 , Florida Statutes, is the Government in the Sunshine Law, which makes all meetings of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation or political subdivision at which official acts are to be taken open to the public at all times....

...tion of the Sunshine Law would result. 5 Therefore, it is my opinion that if a school board member writes a memorandum to provide information or to make a recommendation to other school board members on a particular subject, there is no violation of section 286.011 , Florida Statutes....

...5th DCA 1979) (series of scheduled successive meetings between the school superintendent and individual members of the school board were subject to the Government in the Sunshine Law; while normally a meeting between the superintendent and a member would not be subject to s. 286.011 , Fla....

Question Two — Government in the Sunshine Law Section 286.011(1), Florida Statutes, the Government in the

town mayor and a member of the town council. Section 286.011, F.S., in pertinent part, provides: (1)

any local government or connected therewith. Section 286.011(1) provides: All meetings of any board

relative to collective bargaining are exempt from section 286.011, Florida Statutes, and need not be open to

...Hatfield was subpoenaed by the State Attorney’s Office as part of an investigation of NBHD Sunshine Law 1 violations. She gave a sworn statement to the State Attorney’s Office in December 2016 and testified before a grand jury in September 2017. 1 § 286.011, Fla....

meetings of the board must be open to the public. Section 286.011, F.S., the Government in the Sunshine Law,

...aw because reasonable notice of the meeting was not given, nor was it open to the public. The trial court conducted a final evidentiary hearing and terminated appellant's parental rights, implicitly rejecting appellant's claim. This appeal followed. Section 286.011(1), Florida Statutes, provides: 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...

program. The Government in the Sunshine Law, section 286.011, Florida Statutes, requires that meetings of

...Are meetings between a member of the Advisory Council on Condominiums and the Director of the Division of Florida Land Sales, Condominiums, and Mobile Homes, who serves as an ex officio, non-voting member of the council, subject to the provisions of section 286.011 , Florida Statutes, the Government in the Sunshine Law? You acknowledge that two voting members of the Advisory Council must comply with the Government in the Sunshine Law if they meet to discuss matters that could potentially come before the council....

...rmined by the council. 2 A majority of the council members constitutes a quorum and formal action may be taken by vote of a majority of the voting members present at a meeting at which there is a quorum. 3 The Florida Government in the Sunshine Law, section 286.011 (1), Florida Statutes, provides: "All meetings of any board or commission ....

...ing member of the Advisory Council on Condominiums and the Director of the Division of Florida Land Sales, Condominiums, and Mobile Homes, who serves as a member of the council in an ex officio , non-voting capacity, are subject to the provisions of section 286.011 , Florida Statutes, the Government in the Sunshine Law....

...s, states: "All discussions between the chief executive officer of the public employer, or his or her representative, and the legislative body or the public employer relative to collective bargaining shall be closed and exempt from the provisions of s. 286.011 ." The statute further provides that collective bargaining negotiations between the chief executive officer, or his or her representative, and a bargaining agent must be in compliance with section 286.011 , Florida Statutes....

outside the Government in the Sunshine Law, section 286.011, Florida Statutes, since they are attended

requirements of Chapter 119, Florida Statutes, and section 286.011, Florida Statutes, even though the charter

..., and the city commission are proceedings under the city's risk management program for tort liability which relate solely to the evaluation of a claim filed with the program or an offer of compromise of such a claim, such proceedings are exempt from section 286.011 , Florida Statutes, and the minutes of such proceedings as well as the claims files maintained under such program are exempt from disclosure until the termination of the litigation and settlement of claims arising out of the same inci...

...s agencies, or its subdivisions, which relate solely to the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program are exempt from the provisions of s. 286.011 and s....

...to risk management meetings "which relate solely to the evaluation of claims filed with the risk management program or which relate solely to offers of compromise of claims filed with the risk management program[.]" However, unlike statutes such as section 286.011 (8), Florida Statutes, providing a limited exemption from the Government in the Sunshine Law for meetings to discuss pending litigation, section 768.28 (15), Florida Statutes, does not specify the personnel who may attend meetings. In order to make use of the exemption in section 286.011 (8), Florida Statutes, attendance at such a meeting is limited to those persons listed in the statute, i.e ., the entity, the entity's attorney, the chief administrative officer of the entity, and a court reporter....

KLEIN, J. In Dascott v. Palm Beach County, 877 So.2d 8 (Fla. 4th DCA 2004), this court held that there was a violation of Florida’s Sunshine Act, section 286.011(1), Florida Statutes (2003), when a panel deliberating the termination of a county employee met in private....

used in section 286.011(3)(a), Florida Statutes? 3. Does the exemption afforded by section 286.011(8), Florida

decisionmaking process and is, therefore, subject to section 286.011, Florida Statutes. Resolution No. 93-783 provides

substantially the following question: Would section 286.011, Florida Statutes, apply to communications

committee comply with the requirements of section 286.011, Florida Statutes? In sum: The Sanibel Vegetation

or authority of Dade County for purposes of section 286.011, Florida Statutes (1993). Affirmed.

...dual property or business owners, their employees or agents, or any other agency taxpayers within the boundaries of the redevelopment project. 2 You state that two agency members have been elected to serve on the board of directors of the coalition. Section 286.011 (1), Florida Statutes, the Government in the Sunshine Law, states: "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, ....

...at which official acts are to be taken are declared to be public meetings open to the public at all times. . . ." 3 The courts of this state have recognized that the provisions of this statute should be liberally construed to give effect to its public purpose. 4 In determining which entities are covered by the provisions of section 286.011 , Florida Statutes, the courts have stated that it was the Legislature's intent to extend application of the law so as to bind "every `board or commission' of the state, or of any county or political division over which it has dominio...

...d upon the above principles, this office, for example, has stated that a not-for-profit corporation created by a county to act as an instrumentality of the county and for its benefit in financing and administering governmental programs is subject to section 286.011 , Florida Statutes. 6 Similarly, in Attorney General Opinion 92-80 this office concluded that the board of directors of a legislatively created nonprofit corporation, Enterprise Florida, Inc., was subject to the requirements of section 286.011 , Florida Statutes....

...Agency board members are automatically members of the coalition. Moreover, it appears that the registered office of the corporation is, at least initially, located at the same address as the community redevelopment agency. In light of the above, it is my opinion that the coalition is subject to section 286.011 , Florida Statutes....

the presiding officer at council meetings. Section 286.011, F. S., commonly known as the Government in

...play an important role in developing recommendations for a criminal justice plan for Hillsborough County. 1 You are concerned that by creating the commission you may be inadvertently hampering your daily job performance or hindering law enforcement. Section 286.011 , F.S., Florida's Government-in-the-Sunshine Law, requires all meetings of a public board or commission at which official acts are taken to be open to the public....

...rity to bind that agency in any way, are subject to the Sunshine Law. 5 It is the nature of the act performed rather than the makeup of the committee or its proximity to the final decision which determines whether an advisory committee is subject to s. 286.011 , F.S....

...ty played an integral part in the decision-making process and, for this reason, was subject to the Sunshine Law. This office has also concluded that publicly created advisory boards, whose powers are limited to making recommendations, are subject to s. 286.011 , F.S....

..., information gathering and reporting. 8 However, when a committee possesses the authority not only to conduct fact-finding but also to make recommendations, the committee is participating in the decision-making process and is, therefore, subject to s. 286.011 , F.S....

...As this office stated in AGO 92-26, officials may discuss matters for which no action by the committee on which they sit is required; however, discussions of matters which would normally come before, or should come before the committee for discussion or action, are subject to the requirements of s. 286.011 , F.S....

...119.07 (3)(d), F.S., active criminal intelligence information 10 and active criminal investigative information 11 are exempt from the provisions of the Public Records Law. However, as s. 119.07 (5), F.S., makes clear "[a]n exemption from this section does not imply an exemption from or exception to s. 286.011 . The exemption from or exception to s. 286.011 must be expressly provided....

...Questions Two and Four Your second and fourth questions deal with discussions between law enforcement officials who are also members of the Hillsborough County Criminal Justice Commission about issues which are being or will be considered by the commission. As was noted in Question One, s. 286.011 , F.S., extends to the discussions and deliberations as well as the formal action taken by a public board or commission....

...Every step in the decisionmaking process, including the decision itself, is a necessary preliminary to formal action. It follows that each such step constitutes an "official act," an indispensable requisite to "formal action," within the meaning of the act. 13 Section 286.011 , F.S., therefore, has been construed to apply to any gathering, whether formal or informal, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by that board or commission. 14 Therefore, it is my opinion that discussions between law enforcement officials who are also members of the Hillsborough County Criminal Justice Commission on matters which are being studied by the commission would come within the scope of s. 286.011 , F.S....

...As was stated in Question One, public officials may discuss issues for which no action by the committee of which they are members is required; however, discussions of matters which would normally come before, or should come before the committee for discussion or action, are subject to the requirements of s. 286.011 , F.S....

...16 Therefore, until the recommendation has been formally adopted or rejected, members of the Hillsborough County Criminal Justice Commission should refrain from discussing matters which are pending before the commission except at a meeting held pursuant to s. 286.011 , F.S....

...County, Florida; b. To make recommendations for an efficient, cost effective and timely criminal justice system in Hillsborough County, Florida; and c. To develop proposals to reduce crime in Hillsborough County, Florida on a permanent basis. 2 See, s. 286.011 (1), F.S., stating that "[a]ll 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 Constitut...

...among others, Florida school districts, the Bureau of Teacher Education, Recruitment and Retention, and the Bureau of Educational Technology, to be submitted to the department for its approval. The foundation is concerned about the applicability of section 286.011 , Florida Statutes, to the foundation's activities in carrying out its functions....

...5 The courts and this office, however, have recognized that private organizations that are not state or local government agencies or subject to the control of the Legislature and that do not serve in an advisory capacity to such agencies are not generally subject to section 286.011 , Florida Statutes....

...bit of the Sunshine Law. 7 Similarly, a private corporation performing services for a public agency and receiving compensation for such services pursuant to a contract or otherwise is not, by virtue of that relationship alone, necessarily subject to section 286.011 ....

...a private nonprofit organization in the recodification and amendment of the county's zoning laws, the meetings of such a committee were subject to the Sunshine Law. While this office recognized that private organizations are not generally subject to section 286.011 , Florida Statutes, the committee had impliedly been delegated the authority to act on behalf of the county in the examination and revision of the zoning code....

...City of Orlando, 392 So.2d 252 (Fla. 1980), stating that the airlines were not by virtue of their lease with the aviation authority subject to the Sunshine Law. And see, Op. Att'y Gen. Fla. 78-24 (1978) (meetings of nonprofit hospital corporation not subject to s. 286.011 by virtue of lease agreement between private corporation and public agency)....

state, county, or municipal boards, while section 286.011, Florida Statutes, is applicable to the state

acquisition decisions will be made by the Board." Section 286.011, F.S., Florida's Government in the Sunshine

held in accordance with the provisions of Section 286.011, Florida Statutes, and at said meeting official

...During the time at issue, Fla.Stat.Ann. § 240.339 (West 1988) read: Each person employed in an administrative or instructional capacity in a community college shall be entitled to a contract as provided by rules of the State Board of Education. . Fla.Stat.Ann. § 286.011 (West 1988).

section 408.033, Florida Statutes, subject to section 286.011, Florida Statutes, the Government in the Sunshine

...The information stored in the computer, however, would be subject to the Ch. 119 , F.S., the Public Records Law. In addition, any discussions between the members of the board via computer on issues pending before the board would be subject to the provisions of s. 286.011 , F.S., the Government in the Sunshine Law....

...ness. The computers would be used for electronic calendars, word processing, electronic mail, bulletin boards and private data basis. You ask whether the use of such computers would be subject to the provisions of the Government in the Sunshine Law, s. 286.011 , F.S., and the Public Records Law, Ch....

...disclosure. 7 In addition, to the extent that such computers are used to communicate between board members on matters coming before the board for action, such discussions would be subject to the requirements of the Government in the Sunshine Law. 8 Section 286.011 , F.S., states that all meetings of public boards or commissions at which official acts are to be taken are public meetings open to the public....

...onversation from the operation of the Sunshine Law. 12 Therefore, the use of computers by members of the board of county commissioners to communicate among themselves on issues pending before the board would appear to be subject to the provisions of s. 286.011 , F.S....

...s, the information stored in the computer would be subject to Ch. 119 , F.S., the Public Records Law. In addition, any discussions between the members of the board via computer on issues pending before the board would be subject to the provisions of s. 286.011 , F.S., the Government in the Sunshine Law....

...Moreover, the board of county commissioners would appear to be precluded from conducting official meetings of the board by computers where the individual members of the board were not physically present. Question Two The staff of a board or commission covered by the Sunshine Law is not normally within the ambit of s. 286.011 , F.S....

...performs a decision-making function, he loses his identity as staff while working on the committee and is, accordingly, included within the operation of the Sunshine Law. 15 For example, in Wood v. Marston, 16 The Supreme Court of Florida held that s. 286.011 , F.S., applied to a staff search committee for a law school dean....

...the normal scope of staff activities, the court concluded that the committee was subject to the Sunshine Law. In addition, if staff is being used as a liaison between members of the county commission, then staff will be subject to the provisions of s. 286.011 , F.S....

...See, Hough v. Stembridge, 278 So.2d 288 , 291 (3 D.C.A. Fla., 1973) (as a practical matter in order for a public meeting to be "public," reasonable notice of the meeting must be given); Yarbrough v. Young, 462 So.2d 515 , 517 (1 D.C.A.Fla., 1985). And see, s. 286.011 (2), F.S., requiring that minutes of a meeting of a public board or commission be promptly recorded and open to public inspection....

...Fla., 1969), stating: Every thought, as well as every affirmative act, of a public official as it relates to and is within the scope of his official duties, is a matter of public concern; and it is the entire decision-making process that the legislature intended to affect by the enactment of [s. 286.011 , F.S.]....

...ssue pending before the board were circulated among the other members who indicated their assent or dissent on the memoranda and upon completion of the signatures, the memoranda had the effect of becoming an official action, there was a violation of s. 286.011 , F.S....

...14 Occidental Chemical Company v. Mayo, 351 So.2d 336 (Fla. 1977). 15 See, Wood v. Marston, 442 So.2d 934 (Fla. 1983) (it is the nature of the act performed, not the make-up of the committee or the proximity of the act to the final decision which determines the applicability of s. 286.011 , F.S.); and News-Press Publishing Company, Inc....

substantially the following question: Does section 286.011, Florida Statutes, the Florida Government in

subject to the Government in the Sunshine Law, section 286.011, Florida Statutes? From the information accompanying

...based on Allen’s failure to provide a clear and concise statement of the facts constituting the alleged unfair labor practice. Thereafter, Allen filed an amended charge, which added an allegation that the Union president, Mark H. Richard, violated Florida’s Sunshine Law, section 286.011, Florida Statutes (2015), by not allowing her to observe a hearing at his office. On September 21, 2015, the General Counsel again summarily dismissed Allen’s amended charge, finding she had failed to provide a clear and c...

...commentary, opinions, and conclusional statements, with interposed allegations regarding Local 4253’s and the College’s conduct.” As to the Sunshine Law allegation, the General Counsel dismissed this portion of the charge, determining that section 286.011 was not enforceable by PERC, but only by the courts. Allen appealed the dismissal to PERC.2 After a review, PERC determined that the General Counsel’s dismissal was correct, that her argument on appeal was “similarly disjointed and reads as a narrative ....

...Greater Orlando Aviation Auth., 869 So. 2d 608, 610-11 (Fla. 5th DCA 2004). We also hold that PERC properly dismissed the alleged Sunshine Law violation, as the provision alleged to have been violated is enforceable by the courts, not by PERC. See § 286.011(2)-(4), Fla....

...Parnham City Attorney City of Gulf Breeze 222 So. Tarragona, Suite 160 Post Office Box 631 Pensacola, Florida 32593 Dear Mr. Parnham: This is in response to your request for an opinion on substantially the following question: IS A MUNICIPALITY REQUIRED UNDER THE PROVISIONS OF s 286.011 (2), F.S., TO PROVIDE FOR PUBLIC INSPECTION A VERBATIM TRANSCRIPT OF ALL MEETINGS OF THE CITY COUNCIL? Your question is answered in the negative. Section 286.011 (2), F.S., of the Government in the Sunshine Law, provides, in pertinent part, as follows: 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....

...ding or transaction. My research has failed to disclose any authority whose definition of the term `minutes' is construed to mean a word for word or verbatim transcript of a proceeding. It is therefore my opinion that the term `minutes' as used in s 286.011 (2), F.S., means, as its common and ordinary usage exemplifies, a brief summary or series of brief notes or memoranda of the meeting. Cf ., AGO 075-45, in which it was opined that sound recorders may be used to record public meetings in toto so long as the written minutes of such meetings are promptly recorded for public inspection as required by s 286.011 , F.S., and the written minutes and tape or sound recordings are preserved, retained, and disposed of in compliance with the provisions of s 267.051, F.S....

...It should also be noted that any such tape or sound recording of a public meeting constitutes a public record within the definitional purview of s 119.011 (1), F.S., and is thereby subject to public inspection under the provisions of s 119.07 , F.S. Moreover, had the Legislature intended by enactment of s 286.011 (2) to require that a verbatim record of a meeting be promptly recorded and open to public inspection, it could easily have done so by providing for the same instead of for `minutes.' By examining the provisions of s 286.0105 , F.S., it becomes clearly evident that the Legislature realized the difference between a `verbatim record of the proceedings' and `minutes of a meeting.' Section 286.0105 , F.S., provides, in pertinent part, that each entity subject to s 286.011 , shall include in its notice of any meeting or hearing the advice that if a person decides to appeal any decision with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for that purpos...

...de, which record includes the testimony and evidence upon which the appeal is to be based.' In summary, unless and until legislatively or judicially determined otherwise, it is my opinion that a municipality is not required under the provisions of s 286.011 (2), F.S., to provide for public inspection a verbatim transcript of all meetings of the city council. However, pursuant to s 286.011 (2), F.S., a municipality is required to promptly record and open to public inspection `minutes' of all meetings of the city council, i.e., a brief summary or series of brief notes or memoranda reflecting the events of the meetings....

by an MPO are subject to the provisions of section 286.011, Florida Statutes, Florida's "Government in

...board may participate and vote in meetings by telephone without violating the provisions of the Government-in-the-Sunshine Law. Your letter assumes that a quorum of the Bass Museum Board of Trustees would otherwise be present for the public meeting. Section 286.011 , Florida Statutes, Florida's Government-in-theSunshine Law, 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, or political subd...

...extent possible. 2 The informal opinion recognized that the arrangement of telephone exchanges provided for a public interchange of ideas at a regularly scheduled and noticed commission meeting, and concluded that this arrangement would not violate section 286.011 , Florida Statutes....

...Wagner Alachua County Attorney Post Office Box 2877 Gainesville, Florida 32602-2877 Dear Mr. Wagner: You ask substantially the following question: When the attorney for a municipality seeks to discuss pending litigation to which the city is a party with the city's governing body in a closed-door meeting pursuant to section 286.011 (8), Florida Statutes, what matters may be discussed? In sum: The closed-meeting exemption in section 286.011 (8), Florida Statutes, may only be used when the attorney for a governmental entity seeks advice on settlement negotiations or strategy relating to litigation expenditures. Such meetings should not be used to finalize action or discuss matters outside these two narrowly prescribed areas. Section 286.011 (1), Florida Statutes, makes 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, at which official acts are to be taken, open to the public at all times. During the 1993 legislative session, subsection (8) was added to section 286.011 , Florida Statutes, to provide: "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...

...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." (e.s.) Section 286.011 (8)(a), Florida Statutes, provides that it is the attorney for a board or commission who, at a public meeting, advises the entity that he or she "desires advice concerning the litigation." It would be advisable, therefore, to allow the attorney for a board or commission to initiate the use of a strategy or settlement meeting for pending lawsuits, when he or she feels it would be beneficial. 1 Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...3 It is well settled that the Sunshine Law was enacted for the benefit of the public and should be construed liberally to give effect to its public purpose, while exceptions to its terms should be defined narrowly. 4 The courts of this state and this office have found that application of section 286.011 (8), Florida Statutes, is limited only to those persons listed in the statutory exemption, i.e ., the entity, the entity's attorney, the chief administrative officer of the entity, and the court reporter are the only parties authorized to attend the closed attorney-client session to discuss pending litigation. 5 Section 286.011 (8), Florida Statutes, was not intended to permit non-designated personnel to discuss settlement matters in private with an agency....

...No final decisions on litigation matters can be voted on during these private, attorney-client strategy meetings. The decision to settle a case, for a certain amount of money, under certain conditions is a decision which must be voted upon in a public meeting. 6 In Attorney General Opinion 95-06, this office noted that section 286.011 (8), Florida Statutes, by its terms is limited to particular individuals who in their official capacity are authorized to discuss particular limited subjects....

...subject matter of the meeting is confined to settlement negotiations or strategy sessions related to litigation expenditures. In the recent case of Zorc v. City of Vero Beach , 7 the court, acknowledging the dearth of cases interpreting the scope of section 286.011 (8), Florida Statutes, looked to the statute's legislative history to determine whether the city's action at a closed meeting went beyond the statute's scope....

...ee and to sign any necessary documents in order to settle the city's claim was formal action requiring a vote at a public meeting. The court stated that 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." 10 Thus, it would appear that a closed-door meeting under section 286.011 (8), Florida Statutes, may not be used to discuss or direct a final course of action in a pending lawsuit....

...hine Law violation. 12 It would not be advisable, however, to take questionable action in a closed-door meeting under the presumption that a future, open meeting may be used to cure any defects. 13 Accordingly, it is my opinion that the exemption in section 286.011 (8), Florida Statutes, must be narrowly read to include only those situations where the attorney for the governmental entity seeks advice on settlement negotiations and strategy relating to litigation expenditures....

...8 and that, during this meeting, a motion was made for “an ordinance to abolish the Crescent City Police Department.” The “law” Oates asserted that Burton violated is Florida’s “Sunshine Law,” codified at section 286.011, Florida Statutes (2020)....

...Second, a public meeting was held at City Hall on January 14, 2021, attended by Commissioner Burton at which business of Crescent City was conducted. Third, the public was permitted to attend this meeting “virtually,” but could not attend in person. From these facts, the dispositive question is whether, under section 286.011(1), this January 14, 2021 meeting was “open to the public.” If so, 9 then Burton, by definition, did not commit an act of “malfeasance” by her attendance. In Herrin v....

...We concluded that the term reasonably meant that city commissioner meetings must be properly noticed and made reasonably accessible to the public. Id. We also held that the public had no right to speak or be heard at such a meeting. Id. What Oates is essentially asking here is that we interpret section 286.011(1)’s language to mean that a meeting is “open to the public” only if the public can attend the meeting in person, despite the language “in person” being conspicuously absent from the statute....

...of Sumter Cty., 316 So. 3d 774, 776 (Fla. 5th DCA 2021) (Sasso, J.). As to the recall petition’s substantive defect, I fully concur in the majority’s conclusion that the Sunshine Law contains no requirement that public meetings permit in-person attendance. While section 286.011(1), Florida Statutes (2020), requires that local government meetings be “open to the public at all times,” it does not “prescribe any particular means of holding” open public meetings....

action by the board. AS TO QUESTION 4(a): Section 286.011(1), F. S., of the Government in the Sunshine

...ited States Department of Education (and any constituent division thereof). (C) The applicant appeared as lead attorney for a party or an educational institution before any governmental organization in a formal public meeting (Sunshine Meeting under § 286.011, Florida Statutes) including an appearance before an educational institution as lead attorney for such entity, involving a question of education law or a matter on behalf of an educational institution....

Harris Act conduct a closed meeting pursuant to section 286.011(8), Florida Statutes, to discuss settlement

DAMOORGIAN, J. Lee Ellen Dascott appeals a final summary judgment in which the trial court found that a party who prevails in an action for wrongful termination under section 286.011, Florida Statutes (2002) (the *48 Sunshine Act) is not entitled to monetary damages in the form of employee back pay....

...We affirm because back pay is not one of the remedies available under the Sunshine Act. This appeal follows our decision in Dascott v. Palm Beach County, 877 So.2d 8 (Fla. 4th DCA 2004), in which we held the pre-termination hearing panel and the grievance committee which upheld Ms. Dascott’s termination violated sections 286.011(2),(4) of the Sunshine Act....

...Similarly, the Sunshine Act does not expressly mention or imply by its terms that monetary damages are available as a remedy. The only remedies available pursuant to the Sunshine Act are a declaration of the wrongful action as void and reasonable attorney’s fees. See § 286.011QM4) Fla....

...In following Johnson , we construe the Sunshine Act to limit the remedies to those specifically enumerated therein. Consequently, Ms. Dascott may not recover the equitable relief of back pay because money damages are not a remedy provided for by the Act. See § 286.011 Fla....

...actions of any such board, which action was taken in violation of this section, and the court determines that the defendant to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency.... 286.011(4), Fla....

administrative direction and guidance to the committee. Section 286.011, F.S., Florida's Government in the Sunshine

meetings need not be held in the sunshine. Section 286.011, F.S., otherwise known as the Sunshine Law

...examiner. You stated in your letter that the civil service commission, `in order to protect the privacy of applicants and allow for the orderly conduct of examinations and grading, has always kept oral and written examinations closed to the public.' Section 286.011 (1), F....

...any agency or authority of any county, municipal corporation or any 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 . . . . The Government in the Sunshine Law, s. 286.011 , F....

...School Board of Liberty County, 363 So.2d 144 (1 D.C.A. Fla., 1978), citing to Schellenberg , recognized that constitutional right-of-privacy considerations under certain factual circumstances could be applicable to personnel hearings otherwise subject to the state's Government in the Sunshine Law, s. 286.011 , F....

...Jordan v. Zorc, 727 So.2d 940 (Fla. 4th DCA 1998). . In Zorc v. City of Vero Beach, 722 So.2d 891 (Fla. 4th DCA 1998), rev. denied, 735 So.2d 1284 (Fla.1999), this court concluded that closed-door meetings concerning Zorc’s airport property violated section 286.011(1), Florida Statutes (1995), the "Sunshine Law.” ....

Florida's Government in the Sunshine Law, section 286.011, Florida Statutes, provides that "[a]ll meetings

...of Education at the same time as other annual school accountability reports. 10 Whether a charter school operates as a public or private entity, it is subject to the Public Records Law in Chapter 119 , Florida Statutes, and the Open Meetings Law in section 286.011 , Florida Statutes....

Mr. Michael H. Olenick County Attorney Martin County 50 Kindred Street Stuart, Florida 33497 Dear Mr. Olenick: This is in response to your request for an opinion on the following question: DOES THE FLORIDA GOVERNMENT IN THE SUNSHINE LAW, s 286.011 , F.S., APPLY TO MEETINGS OF A STAFF COMMITTEE WHICH MAKES NONBINDING RECOMMENDATIONS TO THE COUNTY ADMINISTRATOR REGARDING THE DISPOSITION OF EMPLOYEE GRIEVANCES? You state that Martin County is in the process of revising its personnel manual which will include a procedure for the review of employees' grievances....

...The county administrator who may sustain, modify or reject the findings of the grievance committee, makes the final decision which is appealable only to the courts. Based upon the foregoing, you inquire as to whether the Government in the Sunshine Law is applicable to meetings of the grievance committee. Section 286.011 , F.S., provides in pertinent part: (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 provide...

...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. In adopting the Government in the Sunshine Law, s 286.011 , F.S., "The Legislature intended to extend application of the `open meeting' concept so as to bind every `board or commission' of the state, or of any county or political subdivision over which it has dominion or control." City of Miami Beach v. Berns, 245 So.2d 38 , 40 (Fla. 1971). It is the entire decision-making process which the Legislature intended to affect by the enactment of s 286.011 , See, Times Publishing Company v....

...Doran, 224 So.2d 693 (Fla. 1969). Thus the courts have held that an ad hoc advisory board, whose powers are limited to making recommendations to a public agency and which possesses no authority to bind said agency in any way whatsoever, is subject to the terms of s 286.011 ....

...1974), wherein the Court concluded that an advisory board or committee appointed by a governmental body to make recommendations to the appointing authority and deliberating on matters upon which foreseeable action will be taken is subject to the sunshine law; in so doing the Court construed the scope of s 286.011 to include the "inquiry and discussion stages" of meetings of public bodies....

...Warden, 333 So.2d 97 (2 D.C.A. Fla., 1976), in which the district court found a group of employees of a junior college selected by the college president to serve as a fact-finding committee to advise him on employee working conditions not subject to s 286.011 . Recently, the Florida Supreme Court considered the issue of whether committees composed of staff were subject to s 286.011 ....

...t to the sunshine law, stating that it is the nature of the acts performed by the committee, not the make-up of the committee or the proximity of the act to the final decision, which determines whether a committee is subject to the requirements of s 286.011 ....

...The Court in Wood approved the News-Press Publishing Co. and Krause decisions of the second and third district courts respectively. 442 So.2d at 941 . This office in AGO 74-290 previously concluded that employee grievance committee hearings at a state university were subject to s 286.011 since such committees, acting as the arm of the division of personnel even though in an advisory capacity, made recommendations and findings upon which "foreseeable action" was to be taken in the form of a final decision by the agency head....

...Since the grievance committee was performing what was essentially a governmental function in hearing employee grievances and meeting on matters on which foreseeable action would be taken by the agency head, the meetings and deliberations of such committee were considered to be subject to the requirements of s 286.011 ....

..."When any committee, board, authority, commission, or the like is established pursuant to law and is delegated the power to perform governmental functions and the members of such body exercise such powers by making findings of fact and recommendations to an agency of the state, such committee must comply with s. 286.011 , F.S." Based upon the foregoing and in light of the information provided to this office concerning the function of the grievance committees in the instant inquiry, I cannot say that the activities of such staff committees are limited to f...

...e Department Head." Accordingly, until and unless legislatively or judicially determined otherwise, it is my opinion that such staff grievance committees are subject to and should comply with the requirements of the Government in the Sunshine Law, s 286.011 , F.S....

and conduct a public meeting pursuant to section 286.011, Florida Statutes. On August 13, 2010, the

...Petersburg, Florida 33707 Dear Mr. Colen: On behalf of the City of St. Petersburg Beach, you ask substantially the following question: Is litigation that is being held in abeyance pursuant to a joint stipulation for settlement concluded for purposes of section 286.011 (8)(e), Florida Statutes, allowing a transcript of discussions of pending litigation to be made part of the public record? In sum: Litigation that is ongoing but temporarily suspended pursuant to a stipulation for settlement has not been concluded for purposes of section 286.011 (8), Florida Statutes, and a transcript of meetings held between the city and its attorney to discuss such litigation may be kept confidential until conclusion of the litigation....

...Petersburg Beach has recently been engaged in litigation involving a decision of the city's licensing officer. The litigation also involved eight police citations for local ordinance violations related to the licensing officer's actions. Pursuant to section 286.011 (8), Florida Statutes, the city attorney met with the city commission in private session to discuss pending litigation. The meeting was held in strict accord with section 286.011 (8) and the entire session was recorded by a certified court reporter....

...d may be reopened at the end of the one year period. You ask whether the court reporter's notes of the litigation meeting may be maintained as confidential records in a sealed envelope or whether these notes must now be opened for public inspection. Section 286.011 (8), Florida Statutes, makes litigation strategy or settlement meetings confidential when they are held between a board and its attorney and the board is a party before a court or administrative agency....

...4 Thus, a stipulation does not, except by its express terms, operate to bring litigation to a conclusion. In Attorney General's Opinion 94-33 this office considered whether a voluntary dismissal would operate to conclude litigation for purposes of section 286.011 (8), Florida Statutes, when concluding the litigation would have enabled the plaintiff to voluntarily dismiss a suit, request the record of the strategy or settlement meeting and use the information gained from the record to refile the lawsuit....

...ce or the applicable statute of limi-tation has run. Unlike the situation in Attorney General's Opinion 94-33, in the case at hand the litigation continues to be viable although it is currently being held in abeyance. Thus, the exemption provided in section 286.011 (8), Florida Statutes, would apply....

...theories of litigation strategy or settlement negotiations from the opposing party during the pendancy of a lawsuit. The necessity for confidentiality is greatly diminished by the agreement of the parties to enter into a settlement. In that regard, section 286.011 (8)(e), Florida Statutes (1993), should be seen as a tool which governmental boards or commissions may employ in their discretion but the statute should not be read as a prohibition against the release of such records prior to the conclusion of such litigation. It is my opinion that a stipulation for settlement that provides that litigation will be held in abeyance for one year would not operate to conclude litigation pursuant to section 286.011 (8), Florida Statutes (1993)....

...1.700, relating to mediation and arbitration, which allows for referral by the presiding judge or by stipulation. 2 See generally, 83 C.J.S. Stipulations s. 1 (1953). 3 Black's Law Dictionary 1269 (5th ed. 1979). 4 Supra, at note 1. 5 See also, Op. Att'y Gen. Fla. 94-33 (1994) applying the exemption in s. 286.011 (8), Fla....

to conduct business. Questions One and Two Section 286.011(1), F.S., Florida's Government in the Sunshine

minutes, or approve the minutes as corrected. Section 286.011, Florida Statutes, the Government in the Sunshine

the Government in the Sunshine Law? 2. Is section 286.011(8), Florida Statutes, requiring an entity's

...1973); Town of Palm Beach v. Gradison, 296 So.2d 473 (Fla. op'n issued May 1, 1974). In sum, the Town's Comprehensive Zoning Ordinance No. 3-70 was declared void in toto from its inception because of a violation *441 of Florida's Government in the Sunshine Law. F.S. § 286.011 (1971)....

...Beyond the normal rule requiring that a written order reflect the tribunal’s earlier pronouncements, three specific considerations lead to reversal here. First, all meetings of the Board are public *484 meetings subject to notice requirements. See §§ 120.525(1), 286.011(1), Fla. Stat. (2000); see also Lyon v. Lake County, 765 So.2d 785 (Fla. 5th DCA 2000), review denied 790 So.2d 1105 (Fla.2001). “No resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.” § 286.011(1), Fla....

board's use. The Government in the Sunshine Law, section 286.011, Florida Statutes, requires that meetings of

...The county commission provides no official notice of the event. County commissioners have expressed concern that their participation at such meetings may violate the provisions of the Government in the Sunshine Law. The Government in the Sunshine Law, section 286.011 , Florida Statutes (1993), has been interpreted by the courts to apply to any gathering between two or more members of a board or commission to discuss some matter on which foreseeable action may be taken by the board or commission....

...xercised to avoid situations in which private political forums may be used to circumvent the statute's requirements. In the event that it is not possible for the commissioners to avoid discussion of these issues among themselves, the requirements of section 286.011 , Florida Statutes (1993), must be met....

...should not be allowed to deprive the public of this inalienable right to be present and to be heard at all deliberations wherein decisions affecting the public are being made." 9 However, the Supreme Court of Florida has indicated that during certain types of executive meetings, there may not be a right under section 286.011 , Florida Statutes (1993), for a member of the public to participate....

...is not necessary. In sum, so long as there is no discussion of matters that foreseeably will come before the commission, county commissioners may serve as panelists at a political forum luncheon without subjecting the meeting to the requirements of section 286.011 , Florida Statutes (1993), the Government in the Sunshine Law....

...4 The courts and this office, however, have recognized that private organizations that are not state or local government agencies or subject to the control of the Legislature and that do not serve in an advisory capacity to such agencies are not generally subject to section 286.011 , Florida Statutes....

...n supervising and coordinating high school athletic activities as well as other nonathletic activities. You have advised this office that two circuit court judges, in considering the activities of FHSAA at that time, concluded that the provisions of section 286.011 , Florida Statutes, were applicable to FHSAA....

...As a statute enacted for the public benefit, the Sunshine Law is to be liberally construed in order to give effect to its public purpose. 7 In light of the above, I am of the opinion that the Florida High School Athletic Association, Inc., is subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 232.60, Fla. Stat. 2 Id. and see , s. 232.44, Fla. Stat. 3 Section 286.011 (1), Fla....

...program. Your question is whether the Hollywood Economic Growth Corporation is subject to the requirements of the Government in the Sunshine Law when it is performing its role relating to the Section 108 program. The Government in the Sunshine Law, section 286.011 , Florida Statutes, requires that meetings of a public board or commission at which official acts are to be taken are to be open to the public. The test for whether the meetings of particular boards, councils, commissions, or similar entities are subject to section 286.011 , Florida Statutes, has been judicially determined to be whether the board or council or other entity is subject to the dominion and control of the Legislature....

...12 In interpreting the Government in the Sunshine Law, the courts have stated that it was the intent of the Legislature to bind "every `board or commission' of the state, or of any agency or political subdivision over which it has dominion and control." 13 Additionally, for section 286.011 , Florida Statutes, to apply to a particular meeting, two or more members of a body or other entity or group to which the Sunshine Law applies must be present or there must have been delegation of decision-making by such a body to eit...

...foreseeable that action will be taken by a board subject to the Sunshine Law. 15 A private organization that performs services for a public agency and receives compensation for these services is not, by virtue of that relationship alone, subject to section 286.011 , Florida Statutes....

...Gainesville Sun Publishing Company, Inc ., 341 So.2d 783 (Fla. 1st DCA 1976), cert. denied , 352 So.2d 171 (Fla. 1977); Cape Coral Medical Center, Inc. v. News-Press Publishing Company, Inc ., 390 So.2d 1216 , 1218 n. 5 (Fla. 2d DCA 1980) (inasmuch as the policies behind Ch. 119 and s. 286.011 are similar, they should be read together); Wood v....

confidential by statute. AS TO QUESTION 3: Section 286.011(1), F.S., the Government in the Sunshine Law

not-for-profit economic development council subject to section 286.011, Florida Statutes, the Government in the Sunshine

...The Plaintiff then goes on to cite Florida state law as giving rise to the Plaintiff's right to choose the venue in which he tries his case, i.e. federal or state court. The Memorandum in Support of the Plaintiff's Motion states, in its entirety: *1313 Plaintiff would refer this Honorable Court to Florida Statute Section 286.011 and Chapter 86 which govern....

...nter alia, administrative appeals. When hearing such appeals, the board sits as a quasi-judicial body. You inquire as to whether the board's deliberative discussions after presentation of the testimony and evidence must be conducted in the Sunshine. Section 286.011 , F.S., the Government in the Sunshine Law, requires all meetings of a board or commission of a state agency or of an agency of a county, municipal corporation or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken, to be open to the public at all times. The courts of this state have stated that it is the entire decision-making process which is subject to s 286.011 ....

...ons taken by such a body. In Canney v. Board of Public Instruction of Alachua County, 278 So.2d 260 (Fla. 1973), which involved a recessed hearing to reach a decision, the Florida Supreme Court held that there is no "quasi-judicial" exception to a s 286.011 which could be utilized by a board or commission acting in a "quasi-judicial" capacity to permit closed door hearings during the deliberative process....

...ne. 278 So.2d at 263-264 . And see, Occidental Chemical Co. v. Mayo, 351 So.2d 336 (Fla. 1977), stating that the characterization of the public service commission's decision-making process as "quasi-judicial" did not exempt such deliberations from s 286.011 ....

...See also, AGO's 71-29 and 73-370 (civil service board), AGO 75-37 (assessment administrative review commission) and Inf.Op. to Nikki Beare, April 20, 1977 (fair-housing and employment appeals board) in which this office concluded that the deliberations and discussions of such boards were subject to s 286.011 and must be conducted in the open, notwithstanding the fact that the boards were at the time acting in a "quasi-judicial" capacity. There would appear to be little doubt that the board of adjustment of the City of Palm Bay is an agency of the city within the purview of s 286.011 ....

...Mayo, supra, in which the Florida Supreme Court, subsequent to the district court's decision in State of Florida Career Service Commission, supra, cited Canney for the proposition that deliberations of the Public Service Commission were subject to s 286.011 , notwithstanding the fact that such deliberations had been characterized as "quasi-judicial." Accordingly, I am of the opinion, until judicially or legislatively determined otherwise, that the deliberations of a Board of Adjustment created by municipal ordinance, when sitting as a quasi-judicial body, are subject to the Government in the Sunshine Law and must be conducted in the open in accordance with the provisions of s 286.011 , F.S....

pursuant to section 286.011(8), Florida Statutes, be made during a special meeting? Section 286.011, Florida

available to the public in accordance with section 286.011, Florida Statutes, Article I, section 24(b)

...d Attorney School Board of Brevard County QUESTION: Are meetings of a district school board at which confidential material is discussed, such as student expulsion hearings conducted by the school board, subject to the Government in the Sunshine Law, s. 286.011 , F.S.? SUMMARY: Meetings of the district school board at which confidential material is discussed are subject to the Government in the Sunshine Law in the absence of a statute exempting such meetings....

...om s. 119.07 (1), F.S. The statute further provides that no state or local educational agency shall permit the release of such records, reports or information without the written consent of the pupil's parent or guardian, or the pupil, if qualified. Section 286.011 , F.S., the Government in the Sunshine Law, requires that the meetings of public boards or commissions be open to the public. The fact that a board or commission is acting in a quasi-judicial capacity does not remove it from the ambit of s. 286.011 , F.S....

...of a student was subject to the Sunshine Law even though the board was acting in a "quasi-judicial" capacity. The Supreme Court of Florida has also held that in the absence of a statute exempting a meeting in which privileged material is discussed, S. 286.011 , F....

...were closed to the public. The court concluded that the later, more specific expression of the legislative intent that the records be closed controlled, therefore, the court held that meeting in which such records were considered were not subject to s. 286.011 . F.S. 7 During the 1991 legislative session, however, the provisions of s. 119.07 (5), F.S., were amended by Ch. 92-219, Laws of Florida, to clearly provide: An exemption from [s. 119.07 ] does not imply an exemption from or exception to s. 286.011 . The exemption from or exception to s. 286.011 must be expressly provided....

...Ch. 119 , F.S., do not by implication allow a public agency to close a meeting in which exempted material is to be discussed in the absence of a specific exemption. Therefore, meetings of the district school board are subject to the requirements of s. 286.011 , F.S., in the absence of a specific exemption from the statute even though confidential material may be discussed....

...If the parties cannot reach an agreement regarding the challenged material, either party can request a hearing. Section 228.093(3)(c), F.S. (1990 Supp.), specifically provides that "[u]pon the request of the parent, guardian, pupil, or student, the hearing shall be exempt from the requirements of s. 286.011 ." To the extent that the school board is conducting a hearing on a challenge to the material contained in the pupil's educational records, s....

...Berns, supra , and the language of s. 119.07 (5), F.S. 1989, which formerly provided that "[n]othing in subsection (3) [s. 119.07 (3) which provides for exemptions from the disclosure provisions of Ch. 119] shall be interpreted as providing an exemption from or exception to s. 286.011 ." 6 341 So.2d 783 (1 D.C.A. Fla., 1976). 7 And see , Capeletti Brothers, Inc. v. Department of Transportation, 499 So.2d 855 (1 D.C.A. Fla., 1986), cert. denied , 509 So.2d 1117 (Fla. 1987), in which the court held s. 286.011 , F.S., was inapplicable to meetings of a bid review committee of the Department of Transportation since application of the Sunshine Law to these meeting would conflict with a later and more specific statutory exemption to s....

...You further state that the operating budget of the volunteer fire company is approved and funded by the county fire protection authority. You therefore inquire as to whether the volunteer fire company is subject to the Government in the Sunshine Law. Section 286.011 , F.S., Florida's Government in the Sunshine Law provides in pertinent part: 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 ....

...Fla., 1969), the court expressed the view that the Legislature intended the Sunshine Law to apply to `every board or commission . . . over which [the Legislature] has dominion and control.' See also , City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971). Thus s 286.011 , F.S., is not applicable to private organizations which are not state or local governmental agencies or subject to the control of the Legislature or which do not serve in an advisory capacity to such state or local governmental agencies. This office has previously stated that the receipt of public funds by a private nonprofit corporation does not, in and of itself, subject such an organization to the requirements of s 286.011 , F.S. See e.g ., AGO 074-22. And see , AGO 078-161, in which this office stated that the receipt of public funds by a private nonprofit corporation under contract with a public agency did not subject the corporation to s 286.011 ....

...nization and therefore the private nonprofit corporation was not, by virtue of its contractual relationship with the mental health board, subject to the Sunshine Law. See also , AGO 078-24 (meetings of nonprofit hospital corporation not subject to s 286.011 by virtue of lease agreement between private corporation and public agency); AGO 076-194 (Orlando-Orange County Industrial Board, Inc., not subject to the Sunshine Law although the organization received public funds and a county commissioner...

...is not a state or local governmental agency nor can I conclude that the submission of a budget to the fire protection agency in order to receive public funds is sufficient in and of itself to subject the private organization to the requirements of $286.011....

...Gradison, supra , stating that the Sunshine Law should be `construed to frustrate all evasive devices.' I am therefore of the opinion, until and unless judicially or legislatively declared otherwise, that based upon the information presented to this office, the Lealman Volunteer Fire Company, Inc., is not subject to s 286.011 , F.S....

...Fla., 1978), in which the court held that a volunteer fire department was subject to the Public Records Law, Ch. 119 , F.S. Cf ., Fritz v. Norflor Const. Co., 386 So.2d 899 (5 D.C.A. Fla., 1980). However, the test for determining the applicability of Ch. 119 differs from that of s 286.011 . The records of any entity, public or private, acting on behalf of a public agency are subject to Ch. 119. Section 286.011 is applicable only to those collegial bodies which are subject to the `dominion and control' of the Legislature. A private corporation which performs services for a public agency and receives compensation therefor is not by virtue of this relationship alone subject to the requirements of s 286.011 provided that the public agency's governmental or legislative functions have not been delegated to it....

...aring for the benefit of appellee. „ The only question presented is whether notice of a meeting of the Florida Parole and Probation Commission published in the Florida Administrative Weekly is sufficient public notice under the “sunshine law,” Section 286.011, Florida Statutes....

...On exceptions filed by the County, PERC reversed the hearing officer’s finding and recommended ruling that the County violated the law by not bargaining while being tape-recorded by the Union. The hearing officer had opined that the Union had a right under sections 286.011, (Florida’s Sunshine Law) and 447.605(2), Florida Statutes, to tape-record its collective bargaining negotiations. In reversing on this point, PERC refused to hold that parties had a right under section 286.011 to tape-record negotiation sessions but instead resolved the matter by examining the parties’ total conduct in deciding whether one party has placed an “unreasonable restriction” on the other in violation of section 447.-501(l)(a) and (c)....

...r local committee, or a panel or committee assembled by the state committee or a local committee pursuant to s. 383.402 that relate solely to child fatalities and in which specific persons or incidents are discussed were confidential and exempt from section 286.011 , Florida Statutes, and Article I , section 24 (b), Florida Constitution....

...t state law requires the disclosure of non-identifying information. 10 Moreover, the Florida Supreme Court has stated that in the absence of a statute exempting a meeting in which privileged material is discussed, the Government in the Sunshine Law, section 286.011 , Florida Statutes, should be construed as containing no exceptions....

...1979) (public records are open for public inspection unless the Legislature has exempted them from disclosure.) 11 See City of Miami Beach v. Berns , 245 So.2d 38 (Fla. 1971). And see s. 119.07 (9), Fla. Stat., stating that "[a]n exemption from this section does not imply an exemption from s. 286.011 . The exemption from s. 286.011 must be expressly provided ." (e.s.)

...g questions: 1. May the superintendent and the labor negotiating committee meet with the school board pursuant to section 447.605 (1), Florida Statutes, and discuss matters relating to pending collective bargaining, in closed session and exempt from section 286.011 , Florida Statutes? 2. May the school board attorney meet with the school board, its litigation attorney and the superintendent pursuant to section 286.011 (8), Florida Statutes, and discuss matters relating to pending litigation in closed session? In sum: 1....

...Although the litigation attorney may be primarily responsible for handling the litigation for the school board, in most cases the governmental entity's attorney will still be involved in the litigation. Accordingly, as the purpose of the meeting held pursuant to section 286.011 (8), Florida Statutes, is to allow the attorney to seek direction and information from the governmental entity regarding the litigation, it appears appropriate that both the school board attorney and the litigation attorney may attend the meeting. Question One Section 286.011 (1), Florida Statutes, requires that meetings of governmental boards be conducted in the sunshine....

...an official decision is carried out. Thus, the statute extends to discussions and deliberations as well as to formal action taken by a public body. 1 Section 447.605 (1), Florida Statutes, however, grants a limited exemption from the requirements of section 286.011 , Florida Statutes, for certain meetings relating to collective bargaining, stating: "All discussions between the chief executive officer of the public employer, or his or her representative, and the legislative body or the public employer relative to collective bargaining shall be closed and exempt from the provisions of s. 286.011 ." (e.s.) The exemption only extends to and applies in the context of the collective bargaining process itself and is inapplicable in the absence of actual or impending collective bargaining negotiations....

...board and superintendent. Question Two As noted in Question One, Florida requires governmental entities to conduct their business at open public meetings. In 1993, however, the Legislature created a limited exception for attorney-client discussions. Section 286.011 (8), Florida Statutes, provides: "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, an...

...apply to all meetings between governmental agencies and their attorneys conducted for the purpose of discussing settlement of pending litigation. 8 The courts have held that the Legislature intended a strict construction of the exemption afforded by section 286.011 (8), Florida Statutes....

...entity, the entity's attorney, the chief administrative officer of the entity, and the court reporter — are authorized to attend a closed attorney-client session. Other staff members or consultants may not be present at such closed sessions: "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....

...Florida Publishing Company, 10 the court stated that it was unable to conclude that the interpretation of the statute in Attorney General Opinion 95-06 is at variance with the legislative intent. The court examined the staff analysis for the legislation. As explained in the analysis, the 1993 addition to section 286.011 (8), Florida Statutes, permits any governmental agency, its chief executive, and its attorney to meet in private if the agency is a party to litigation and the attorney desires advice concerning settlement negotiations or strategy....

...seek direction and information from the governmental entity regarding the litigation, it appears appropriate that both the school board attorney and the litigation attorney may attend the meeting with the superintendent and school board pursuant to section 286.011 (8), Florida Statutes....

Mr. Robert E. McGill, III Attorney At Law 1234 Airport Road Suite 123 Destin, Florida 32541 Dear Mr. McGill: As City Attorney for the City of Destin, you have asked for my opinion on substantially the following questions: 1. Does section 286.011 (8), Florida Statutes, authorize the attendance of consultants at a closed meeting between the City of Destin governing board and the city attorney to discuss litigation strategy? 2. 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....

...Can a designee of a hospital advisory board appointed by the City of Destin or a designee of the city conduct a private fact-finding assignment relating to the purchase of a hospital facility without violating the requirements of the Government in the Sunshine Law? In sum: 1. Section 286.011 (8), Florida Statutes, does not authorize the attendance of any persons other than the members of the city council for the City of Destin, the chief administrative or executive officer of the city, the city attorney, and a court reporter at a closed meeting to discuss litigation to which the city 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....

...However, if the designee is authorized, either formally or informally, to exercise any decision-making authority on behalf of the council, i.e., to reject or approve certain contract provisions or terms, that person would be acting on behalf of the council or the board and any such meetings are subject to s. 286.011 , Florida Statutes....

...n and its land development regulations and is the plaintiff in another relating to the closure of the city hospital. In both of these actions, the city council desires the presence of a consultant at closed litigation strategy sessions allowed under section 286.011 (8), Florida Statutes. Section 286.011 (8), Florida Statutes, provides that: 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...

...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. Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...3 Only discussions on pending litigation to which the public entity, in this case the City of Destin, is presently a party are subject to its terms. Such discussions are limited to settlement negotiations or strategy sessions related to litigation expenditures. 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....

...ions to the law are construed narrowly. 5 Therefore, it is my opinion 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), Florida Statutes....

...blic meeting where citizens may also be advised of the parameters of concern involving ongoing litigation. Further, it is my opinion that the city attorney may not temporarily adjourn and reconvene a closed meeting held pursuant to the provisions of section 286.011 (8), Florida Statutes, in order to conduct consultations outside the presence of the political body....

...g the meeting shall announce the termination of the session." 6 Again, as an exception to the Government in the Sunshine Law, this exemption must be read strictly with a view toward protecting the interests of the public. There is no indication that section 286.011 (8), Florida Statutes, would allow temporary adjournments and reconvenings of closed attorney-client meetings for the purpose of meeting with consultants. To authorize such a meeting would allow the city attorney to discuss matters with the consultant outside the Sunshine Law, as neither the public nor the court reporter required by section 286.011 (8) would be present....

...The statute must be read to frustrate all evasive devices 7 and would appear to presuppose that the governmental attorney and the board or commission will be sufficiently informed of all matters necessary to make a private litigation strategy attorney-client session successful. However, section 286.011 (8), Florida Statutes, does not limit the number of closed litigation strategy sessions which may be held....

...ch possess no authority to bind that agency in any way are subject to the Sunshine Law. 8 Thus, the hospital advisory board is a board or commission subject to the provisions of the Government in the Sunshine Law. The Government in the Sunshine Law, section 286.011 , Florida Statutes, is generally understood to apply to any gathering where two or more members of a public board or commission discuss some matter on which foreseeable action will be taken by that board or commission....

...a city commissioner appointed by the city commission to meet with such representatives to propose a referendum concerning the construction and funding of a cultural center and performing arts theater for city commission consideration were subject to section 286.011 , Florida Statutes....

...The opinion states that: [A] delegate or single member of a board or commission who is authorized or directed or designated by such board to act for and on behalf of, or exercise authority in the name of, the entire board, stands in the place of the entire board and is thereby subject to the provisions of s. 286.011 , F.S....

...ntire body itself may foreseeably act, will subject the person or persons to whom such authority is delegated to the Sunshine Law. Further, whether the delegation of this decision-making authority is accomplished formally or informally, the terms of section 286.011 , Florida Statutes, will apply equally....

...The municipality will not be under any obligation to exercise the option unless the option contract is approved by the governing body at the public hearing specified in this section. . . . The statute further provides that "[n]othing in this section shall be interpreted as providing an exemption from, or an exception to, s. 286.011 ." 13 Clearly then, this statute provides an exemption from the Public Records Law, section 119.07 (1), Florida Statutes, for "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,...

...Sunshine Law in performing his or her duties. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 In subsequent communications you have asked this office to delineate the legitimate parameters of discussions at meetings conducted pursuant to section 286.011 (8), Fla....

...propriate.) However, as discussed herein, this exemption from disclosure is not as broad as the attorney-client communications exception recognized for private litigants. 2 See also, Op. Att'y Gen. Fla. 93-53 (1993), in which the terms and intent of s. 286.011 (8), Fla....

...84-81 (1984) (information revealing identity of victim of sexual battery or victim of child abuse contained in public records made part of court file and not specifically closed by order of court are not excepted or exempted from public disclosure and inspection). 6 Section 286.011 (8)(d), Fla....

discuss settlement negotiations pursuant to section 286.011(8), Florida Statutes. The general counsel's

Florida's Government in the Sunshine Law, section 286.011, Florida Statutes, states: "All meetings of

requirements of section 286.011, Florida Statutes. Florida's Government in the Sunshine Law, section 286.011, Florida

...Weiner: On behalf of the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund you have asked for my opinion on the following question: Is the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes? In sum: The Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund is subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...The city is also responsible for providing the board with all data and information necessary to compile trust fund records. You have asked whether, under these circumstances, the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund is subject to the provisions of the Government in the Sunshine Law. Section 286.011 (1), Florida Statutes, the Government in the Sunshine Law, provides: "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 ....

...The function of the board was to invest and manage funds on behalf of the employees of Palm Tran, Inc., relieving the county of its obligation to manage these pension plans. The funds were exclusively county funds passed through to employees. The pension board was determined to fulfill a county purpose and be subject to section 286.011 , Florida Statutes....

...6 Extending this rationale to the situation presented by the Fort Lauderdale Fire Fighters Insurance Trust Fund, a collective bargaining agreement may not transfer a responsibility of the city to a private entity and thereby accomplish an exception or exemption from the open meetings requirement of section 286.011 , Florida Statutes....

...The moneys being administered are public funds placed with the trust on behalf of public employees. Therefore, it is my opinion that the Board of Trustees of the Fort Lauderdale Fire Fighters Insurance Trust Fund is subject to and governed by the Government in the Sunshine Law, section 286.011 , Florida Statutes....

A. Butterworth Attorney General RAB/tjw 1 Section 286.011(1), F.S. 2 See, Town of Palm Beach v. Gradison

decision-making process and is, therefore, subject to section 286.011, Florida Statutes.7 A review of Chapter 01-246

...viewed by the committee. Upon final approval by the committee members, an application then proceeds to the North Port Planning Zoning Advisory Board, which reviews the application and makes a recommendation to the city commission for final approval. Section 286.011 , Florida Statutes, Florida's Government in the Sunshine Law, in pertinent part, provides in subsection (1): "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, munici...

...stablished by public agencies are subject to the Sunshine Law even though their recommendations are not binding on the entities that created them. 3 Moreover, you are aware that committees composed of city staff may be subject to the requirements of section 286.011 , Florida Statutes....

...District Board of Lower Tribunal Trustees , 7 the court held that a committee established to advise a community college purchasing director on various contract proposals that would be entered into by the community college board of trustees must comply with the requirements of section 286.011 , Florida Statutes....

...You therefore ask whether the fact that the group was created by the chief of police and not the city commission, and that its recommendations are made to the police chief and not the commission, would remove the group from the ambit of the Sunshine Law. Section 286.011 , Florida Statutes, Florida's Government in the Sunshine Law, in pertinent part, provides in subsection (1): "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, munici...

..., strictly information gathering and reporting. 5 When a committee, however, possesses the authority not only to conduct fact-finding but also to make recommendations, the committee is participating in the decision-making process and is, therefore, subject to section 286.011 , Florida Statutes....

County Fire Commissioner's Forum subject to section 286.011, Florida Statutes? 2. Are meetings of the Forum

that the Miami River Commission is subject to section 286.011, Florida Statutes, the Government in the Sunshine

governmental units in its service delivery area. Section 286.011(1), F.S. provides: All meetings of any

...ordinance is adopted. Indeed, adopting Plaintiff’s argument would require a municipal board like the Town Commission to stop its work and republish newspaper notice rather than defer hearing by 24 hours or as otherwise permitted by section 286.011[,] Florida Statutes[,] if unable to reach a proposed ordinance on a busy agenda....

...meeting, identifying item 5. as “Ordinance No. 376 — Second Reading, Waterfront Setback Lines (WFSBL);” and 5. the Town had properly noticed the Town Commission’s May 7, 2019, meeting in compliance with the Sunshine Act, section 286.011, Florida Statutes (2018). Given those five facts, we conclude the Town did not strictly comply with section 166.041(3)(a)’s notice requirements in advance of the Town Commission’s adoption of Ordinance 376 on May 7, 2019...

...ion’s May 7, 2019, meeting, identifying item 5. as “Ordinance No. 376 — Second Reading, Waterfront Setback Lines (WFSBL)”; or (4) the Town had properly noticed the Town Commission’s May 7, 2019, meeting in compliance with the Sunshine Act, section 286.011, Florida Statutes (2018)....

...construction’s practical ramifications, then we are more persuaded by the reasoning stated in the First Amendment Foundation’s amicus brief. Although the First Amendment Foundation’s reasoning relies upon the purposes of the Sunshine Act, section 286.011, Florida Statutes (2018), that reasoning equally supports our construction of section 166.041(3)(a), Florida Statutes (2018)....

...That court’s opinion noted our initial declination to determine the issue of appel-lees’ entitlement to attorney’s fees but which by the reversal is now proper for consideration and this Court’s disposition. Upon further review we find and hold that appellees are due attorney’s fees and costs as provided by section 286.011(4) and in further explication adopt as our reasoning Judge Wigginton’s dissent relating to this subject at 425 So.2d 582, 588 ....

Florida's Government in the Sunshine Law, section 286.011, Florida Statutes? In sum: 1. The Biscayne

...1 This office has further been advised that HHFC does not own, operate, or maintain any hospitals, health clinics, or other health facilities, and according to your letter is not a health care provider. You state that the HHFC is subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...achieve the objectives of that section, does not apply to the Halifax Healthy Families Corporation. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, s. 624.91 , Fla. Stat. (1993), creating the Florida Healthy Kids Corporation. 2 See, s. 286.011 (1), Fla....

...(1985)); (2) is empowered to receive and expend funds of the federal government (§ 421.-21); (3) is given power of eminent domain (§ 421.12); (4) must comply with chapter 119, the Public Records Act (1977 Op. Att’y Gen. Fla. 077-69 (July 11, 1977)); (5) is subject to “Government In The Sunshine,” section 286.011, in the conduct of its business (1976 Op....

is under the purview of the Sunshine Law. Section 286.011(2) requires that the minutes of a meeting held

Florida's Government in the Sunshine Law, section 286.011, Florida Statutes, states: All meetings of

...The webmaster uses an e-mail address separate from the one used for official city business. Primarily, the city is unsure of Government in the Sunshine Law implications for postings among city council members on issues upon which foreseeable action will be taken by the city council. Government in the Sunshine/Public Meetings Section 286.011 , Florida Statutes, has three requirements: "(1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken." The Government...

...ission. 1 The law extends to the discussions and deliberations as well as the formal action taken by a public board or commission, with no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to section 286.011 , Florida Statutes....

...The city council meetings are noticed, recorded, and open to the public. However, there is no advertisement for a meeting of the MPO and there is concern that the meeting of the council members who are also MPO members would be in violation of the Sunshine Law. Section 286.011 (1), Florida Statutes, Florida's Government in the Sunshine Law, provides: "All meetings of any board or commission of ....

...fully inform the public of the nature of the meeting. The opinion advised that where two or more boards or commissions are holding a joint meeting, the notice provided to the public should clearly state its joint nature. It was stated, however, that section 286.011 , Florida Statutes, does not require that notice designate a meeting of a county board or agency as one held jointly with the county commission merely because members of the county commission may be in attendance or may enter into discussions on matters that may subsequently come before the commission....

of any board must be taken at public meetings. § 286.011(1), Fla.Stat. (1989). Five members of the Board

commissioners held pursuant to section 286.011(8), Florida Statutes? In sum: Section 286.011(8), Florida Statutes

agreements under the Sunshine Law in Count III. § 286.011, Fla.Stat. (1988). The Aviation Authority is a

...ct. Finding that the District retained sufficient control over IRMH, Inc. and that the lease did not violate the Florida Constitution, the trial court ruled the lease was valid. The trial court found that the lease required IRMH, Inc. to comply with section 286.011(8), Florida Statutes (the Sunshine Law) and section 119.07(1) (the Public Records Act)....

...to have committed several violations of the Sunshine Law prior to the enactment of section 395.3036. When a trial court finds a public authority has violated the Sunshine Law, “the court shall assess a reasonable attorney’s fee against such agency.” § 286.011(4), Fla. Stat. (1999). Thus, even though we appreciate the trial court’s sentiment that the “fairest resolution” is for each party to bear its own attorney’s fees because both parties are public entities, section 286.011(4) requires attorney’s fees to be assessed against IRMH, Inc. Accordingly, we reverse that portion of the trial court’s judgment requiring the parties to bear their own attorney’s fees and remand this case for an award of reasonable attorney’s fees in the District’s favor pursuant to section 286.011(4)....

...Given these controls, the lease in this case complies with section 155.40 and Everglades Memorial. In sum, we reverse that portion of the trial court’s order requiring the parties to bear their own attorney’s fees and remand for entry of attorney’s fees in the District’s favor pursuant to section 286.011(4)....

...? 2. Must the commission conduct its nonsubstantive business in the "sunshine"; to what extent may such business be conducted on the telephone or by mail? SUMMARY: The State Assessment Administration Review Commission is subject to the Sunshine Law (s. 286.011 , F.S.) and must conduct all of its discussions, interviews, and decisionmaking procedures in the sunshine, including the engagement of its law officer. The commission must also conduct its nonsubstantive business (unrelated to its adjudicatory functions) in the sunshine if such business requires board action or appropriately should be brought before the board for consideration. Section 286.011 , F.S., Florida's Government in the Sunshine Law, states in pertinent part: All meetings of any board or commission of any state agency or authority ....

...If the "nonsubstantive" business referred to in your inquiry, even if entirely unrelated to the commission's adjudicatory function, is business which requires the approval or consideration of the entire board or concerns matters which appropriately should be considered and discussed by the board members, then s. 286.011 , F.S., requires such business to be conducted in the sunshine....

Board. The Government in the Sunshine Law, section 286.011, Florida Statutes, requires that all meetings

...in facilities where sensitive documents may be stored to present identification as a condition of attendance? You state that the city has established a number of public boards that are subject to the provisions of the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...mpt from the Public Records Law for security concerns. The city is therefore interested in requiring people who wish to attend public meetings of such boards to present identification as a condition of attendance. The Government in the Sunshine Law, section 286.011 , Florida Statutes, requires that meetings of a public board or commission be "open to the public." A right of access to meetings of collegial public bodies is also recognized in the Constitution....

...3 Public access to meetings of public boards or commissions is a key element of the Sunshine Law. This office has stated that the term "public" means "the people as a whole" and that the phrase "open to the public" means open to all persons who choose to attend. 4 Section 286.011 (6), Florida Statutes, specifically provides that "[a]ll 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 e...

...See Art. I , s. 24 (c), Fla. Const. 3 See Ops. Att'y Gen. Fla. 92-17 (1992); 89-37 (1987). And see City of Miami Beach v. Berns , 245 So.2d 38 (Fla. 1971) (in the absence of a statute exempting a meeting in which privileged materials are to be discussed, s. 286.011 , Fla....

...unity into various areas for greater community involvement and citizen participation in local government. You have asked for direction in determining the applicability of the Sunshine Law to meetings at the various levels of this proposed structure. Section 286.011 , Florida Statutes, Florida's Government in the Sunshine Law, provides in pertinent part that "[a]ll meetings of any board or commission . . . of any agency or authority of any . . . municipal corporation . . . at which official acts are to be taken are declared to be public meetings open to the public at all times. . . ." In considering the application of section 286.011 , Florida Statutes, the courts have stated that it is the entire decision-making process which is covered, not merely those meetings where the final vote is taken....

...A similar result was reached in Krause v. Reno . 10 In that case, the district court held that an advisory board made up of private citizens and appointed and used by a city manager to screen applications and make recommendations for the position of chief of police was subject to section 286.011 , Florida Statutes....

...12 The committee would be appointed by the city council to act on its behalf in soliciting and receiving citizen input and in developing recommendations on city government and city operations. As a board or commission subject to the Sunshine Law, the committee would have to comply with the three basic requirements of section 286.011 , Florida Statutes: (1) meetings of the committee must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of the meetings must be taken....

...w. Therefore, it is my opinion that a community advisory committee made up of citizens appointed by the city council to make recommendations to the council regarding city government and city services is subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...1971); Board of Public Instruction of Broward County v. Doran , 224 So.2d 693 (Fla. 1969); Hough v. Stembridge, 278 So.2d 288 (Fla. 3d DCA 1973). 2 222 So.2d 470 , 473 (Fla. 2d DCA 1969). 3 See, Town of Palm Beach v. Gradison , 296 So.2d 473 , 477 (Fla. 1974), stating that s. 286.011 , Fla....

...7 Ibid . 8 Wood v. Marston , 442 So.2d 934 (Fla. 1983). 9 Ibid . 10 366 So.2d 1244 (Fla. 3d DCA 1979). 11 And see , Op. Att'y Gen. Fla. 90-76 (1990) (legislatively created statewide nominating commission for workers' compensation judges subject to s. 286.011 ); Inf....

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

... The Reverend Bruce Wright filed a lawsuit seeking injunctive relief and a declaratory judgment against the City of St. Petersburg, alleging among other things that St. Petersburg's city council had violated Florida's Government in the Sunshine Law, section 286.011 (2012)....

...It functions "to prevent at non- public meetings the crystallization of secret decisions to a point just short of ceremonial acceptance." Monroe Cty. v. Pigeon Key Historical Park, Inc., 647 So. 2d 857, 860 (Fla. 3d DCA 1994) (quoting Town of Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla.1974)). Section 286.011(1), Florida Statutes (2011), mandates: 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 politica...

...1969). -4-  As we discussed in Anderson v. City of St. Pete Beach, 161 So. 3d 548, 552 (Fla. 2d DCA 2014), there is a limited exemption from the open meeting requirement for meetings between a public body and its attorney. Section 286.011(8) states in pertinent part: 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 co...

...d gone." The transcript of the shade meeting conclusively reflects that it was not "confined to settlement negotiations or strategy sessions related to litigation expenditures," as required by the Sunshine Law exemption set forth in section 286.011(8)(b)....

...atory boards or entire boards within the department, at which discussions of specific examination items (or any matter upon which foreseeable action might be taken) are to occur, are subject to the requirements of the Government in the Sunshine Law, s. 286.011 , F....

...455.203 (6), 455.217 , and 455.229 , that the department's duties of preparation and administration of all examinations for all boards within the department would seem to indicate that the department has the additional, implied duties of assuring confidentiality of examination questions and maintaining examination security. Section 286.011 , F....

...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. The Florida Supreme Court has consistently held that s. 286.011 binds every board or commission of the state over which it has dominion or control....

...(providing for establishment of regulatory boards within the department). Moreover, this office has frequently opined that such boards are subject to the Sunshine Law. See, e.g ., AGO 076-225 (concluding that the Board of Accountancy is subject to s. 286.011 , F. S.); AGO 074-84 (concluding that the Board of Dentistry is subject to s. 286.011 ); and AGO 072-400 (concluding that regulatory boards under the Department of Professional Regulation are subject to the Sunshine Law)....

...embers, must be open to the public. City of Miami Beach v. Berns, 245 So.2d 38 (Fla. 1971), and Board of Public Instruction of Broward County v. Doran, 224 So.2d 693 (Fla. 1969). To date, the Florida Supreme Court has not recognized any exception to s. 286.011 , F....

...Gainesville Sun Publishing Co., 341 So.2d 783 (1 D.C.A. Fla., 1976), cert. denied , 352 So.2d 171 (Fla. 1977); cf . s. 447.605 , F. S., exempting certain discussions between the chief executive officer of a public employer and the employer or its legislative body from s. 286.011 , F....

...aw. Your letter states that your office is not aware of any statutory provision, in ch. 455, F. S., or in any of the specific chapters relating to particular boards, which exempts any of the above-described board proceedings from the requirements of s. 286.011 , nor has my research revealed any such exemption. Section 455.203 (6) does not purport to make any such exemption from the requirements of s. 286.011 , nor do the provisions of s....

...or declare any such exemption. Section 455.229 does provide for a partial exemption from the Public Records Law for certain information required by the department of an applicant for a licensure examination, but no exemption from the requirements of s. 286.011 is prescribed by the Legislature. The exception or proviso contained in s. 455.229 is to be strictly construed, and no others may be implied. Such exception therefore applies only to the Public Records Law and in no way effects an exception or exemption from the Sunshine Law, s. 286.011 ....

requirements of Chapter 119, Florida Statutes, and section 286.011, Florida Statutes).

the activities of the board."2 Question One Section 286.011, F.S., the Government in the Sunshine Law,

Dear Mr. Nicoletti: On behalf of the City of Stuart, you ask the following question: Are post-termination hearings before the city manager or a three member panel appointed by the city manager subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes? You state that under the city's personnel rules, an employee terminated for cause is entitled to a post-termination hearing before the city manager for the purpose of appealing the termination decision made by the...

...In any case, the decision of the City Manager shall be final and binding." You, therefore, ask whether these meetings with the employee, and either the city manager or the three member panel, are subject to the Government in the Sunshine Law. The Government in the Sunshine Law, section 286.011 , Florida Statutes, requires all meetings of a public board or commission at which official acts are taken to be open to the public....

...4 Thus, this office has stated that a meeting of a commission to conduct an employee termination hearing is subject to the Sunshine Law. 5 The fact that a board or commission is discussing personnel matters does not, in the absence of a specific exemption, remove the committee from the ambit of section 286.011 , Florida Statutes. As the court in Times Publishing Company v. Williams 6 recognized, personnel matters are not legally privileged or insulated from legislative control. Notwithstanding the broad public policy underlying section 286.011 , Florida Statutes, not all meetings involving government officials are affected by the statute....

...out duties, uniquely within his power: "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)." 8 In the instant inquiry, the city manager is responsible for the name clearing hearing and the appeal from discharge....

...This office has not been presented with any evidence that the city manager has delegated his authority to the city attorney and city manager to jointly consider and resolve the issues raised at these meetings. Accordingly, I am of the opinion that post-termination hearings before the city manager are not subject to section 286.011 , Florida Statutes....

...presentment of the final negotiations to the city commission. In Attorney General Opinion 74-290, this office concluded that a grievance committee formed for the purpose of reviewing employee grievances and composed of three members, was subject to section 286.011 , Florida Statutes....

...Although the committee made recommendations, all the applications went to the superintendent who decided which applicants to interview and nominate to the school board. The court, therefore, held that the committee simply had a fact-finding role and that their meetings were not governed by section 286.011 , Florida Statutes....

...the inspector general and did not deliberate with the inspector general, the ultimate authority on termination, we conclude that the PSC 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....

...by a governmental agency, and relates to any matter on which foreseeable action will be taken." Accordingly, I am of the opinion that the three member panel established under the city's personnel policy should conduct its hearings in accordance with section 286.011 , Florida Statutes....

...." And see section 3.04 of the charter providing that the city manager "shall be the administrative head of the municipal government. The city manager shall be responsible for the efficient administration of all the departments except for those under the control of the other charter officer." 3 See s. 286.011 (1), Fla....

...92-65 (1992) (meeting of housing authority commission to conduct an employee termination hearing must be open to the public); 76-102 (1976) (meeting of municipal housing authority commissioners to discuss grievances and other personnel matters subject to s. 286.011 , Fla....

...ployees who have been disciplined not authorized to deliberate in secret); and 80-27 (1980) (civil service board created by special act to administer a civil service system for deputy sheriffs and employees of the Office of the Sheriff is subject to s. 286.011 , Fla....

the Public Records Act, and Florida Statutes Section 286.011, Laws of Florida 1984, commonly known as the

...access to governmental proceedings. Lyon v. Lake Cnty., 765 So. 2d 785, 789 (Fla. 5th DCA 2000). Generally, the Sunshine Law requires public entities to provide the public with reasonable notice, access, and an opportunity to be heard before taking official action. See § 286.011(1), Fla. Stat. (2016). The Sunshine Law also requires the creation of minutes for public meetings, promptly made available for public inspection. See § 286.011(2), Fla....

... Because the textbook committee is subject to the Sunshine Law, we must apply Sunshine Law to the committee’s activities. We first turn to notice, as when a meeting is subject to the Sunshine Law, the government agency must provide the public with reasonable notice. See § 286.011(1), Fla....

...reasonable time to make an appearance if they wish[].” Lyon, 765 So. 2d at 790 n.4 (Fla. 5th DCA 2000) (quoting Rhea v. City of Gainesville, 574 So. 2d 221, 222 (Fla. 1st DCA 1991)). The statute does not define what notice is “reasonable.” See § 286.011(1), Fla....

...While other records may have existed, FLCA met its burden. The School Board was required to provide notice of the textbook committee meetings and failed to do so. The School Board also failed to maintain minutes of the textbook committee meetings. Section 286.011(2) requires that minutes of a meeting of a public board or commission be “promptly recorded” and “open to public inspection.” The School Board alleges that it took handwritten notes of the meetings, but the handwritten notes were neither saved nor made available to the public....

in a discussion or debate among themselves. Section 286.011(1), Florida Statutes, the Government in the

...ion of the school's annual budget and plan as required by s. 229.555(1). A portion of funds provided in the annual General Appropriations Act for use by school advisory councils must be used for implementing the school improvement plan." Pursuant to section 286.011 (1), Florida Statutes, "[a]ll 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 Const...

...3 Section 229.58, Florida Statutes, provides for the establishment of school advisory councils and prescribes, in part, their duties. In addition, the councils receive state funding. In light of the above, this office has previously stated that such a council constitutes a "board or commission" subject to the provisions of section 286.011 , Florida Statutes. 4 Section 286.011 (3), Florida Statutes, prescribes certain criminal and noncriminal penalties for violations of the Sunshine Law. Subsection (3) of section 286.011 provides: "(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500....

...(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 775.083 ." As discussed above, a school advisory council, created pursuant to the provisions of section 229.58, Florida Statutes, is subject to section 286.011 , Florida Statutes. Since a school advisory council constitutes a "board or commission" subject to the Sunshine Law, the criminal penalties prescribed in section 286.011 (3)(b) and (c) for members of a "board or commission" who knowingly attend a meeting of the council not held in accordance with section 286.011 would also be applicable to members of the school advisory councils....

...4 See , Inf. Op. to the Honorable Robert W. Hughes, dated February 17, 1995, stating that school advisory committees are subject to the Sunshine Law. The Department of Education has reached a similar conclusion that these committees are subject to s. 286.011 , Fla....

...91-38 (1991) (state attorney may pursue such actions on behalf of state). 6 And see , Op. Att'y Gen. Fla. 98-21 (1998) in which this office concluded that the directors of nonprofit corporation's board of directors acting on behalf of a hospital district constitute "public officers" as that term is used in section 286.011 (3)(a), Fla....

State v. Strickland, 166 So. 313 (Fla. 1936). Section 286.011, F.S., the Government in the Sunshine Law,

being in clear violation of the Sunshine Law, section 286.011, Florida Statutes, if reasonable public notice

...usiness, shall consist of six retirement board members." 3 Further, "[a]ll actions and decisions of the retirement board shall require the concurrence of a majority of the members of the retirement board." 4 Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, ensures a right of access to government proceedings at the state and local levels....

...ts remedial and protective purpose. 6 A fundamental requirement of the Government in the Sunshine Law is that meetings of entities subject to the provisions of the Sunshine Law be "open to the public." "Open to the public," as that phrase is used in section 286.011 , Florida Statutes, means open to all persons who choose to attend....

...89-39 (1989), stating that a board of county commissioners may use a computer network in the course of conducting county business, but cautions that any discussions between the members of the board via computer on issues pending before the board would be subject to the provisions of s. 286.011 , Fla....

...of Miami Beach Barrier-free Environment Committee may participate and vote on board matters by electronic means if they are unable to attend a public meeting so long as a quorum of the members of the board is physically present at the meeting site. Section 286.011 (1), Florida Statutes, Florida's Government-in-the- Sunshine Law, provides: "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 sub...

...any documents that have been provided to the probable cause panel regarding this matter since the last meeting.” The next day, the Department responded to the request with the following qualifier: “Documents considered confidential under the guidelines of Section 286.011(8), F.S....

...Please be advised that certain discussions and correspondence between attorney and client—in this instance the attorney is Ms. Henderson and the client is the Board of Veterinary Medicine—may be excluded from public review under the guidelines of Section 286.011(8), F.S....

...without further prosecution. On June 25, 2017, Appellant filed in Leon County circuit court a petition for writ of mandamus seeking the Department’s 3 production of public records improperly withheld, asserting that section 286.011(8) did not exempt production of the records. Appellant also sought an award of attorney’s fees and costs....

...found, in preparation for potential litigation, it has become apparent that the evidence is not sufficient to take the case to trial.” (Emphasis in original). Three days later, the Department responded to the show cause order, conceding that section 286.011(8) was not applicable and asserting for the first time that the applicable exemption was provided by section 119.071(1)(d)1., Florida Statutes, which temporarily exempted attorney work product until the conclusion of the adversarial administrative proceeding....

...1st DCA 2013). A. Appellant claims that the Department improperly withheld the Henderson memorandum in response to her request under the Public Records Act. Although the Department initially 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....

• Meetings will be noticed as required by section 286.011, Florida Statutes. • Meetings will last exactly

...Ms. Ruby: On behalf of the City Commission of the City of Delray Beach, you have asked for my opinion on substantially the following question: Is the Delray Beach Community Land Trust an agency within the scope of the Government in the Sunshine Law, section 286.011 , Florida Statutes, and Florida's Public Records Law, Chapter 119 , Florida Statutes? The Delray Beach Community Land Trust, Inc., (the "trust" or the "corporation") is a Florida not-for-profit corporation incorporated in 2006 and org...

...the administration of the local housing assistance plan. The ordinance may also provide for contracting all or part of the administrative functions or other functions of the program to a third person or entity. 7 The Government in the Sunshine Law, section 286.011 , Florida Statutes, requires that meetings of a public board or commission at which official acts are to be taken are to be open to the public. The test for whether the meetings of particular boards, councils, commissions, or similar entities are subject to section 286.011 , Florida Statutes, has been judicially determined to be whether the board or council or other entity is subject to the dominion and control of the Legislature....

...9 In interpreting the Government in the Sunshine Law, the courts have stated that it was the intent of the Legislature to bind "every `board or commission' of the state, or of any county or political subdivision over which it has dominion and control." 10 Additionally, for section 286.011 , Florida Statutes, to apply to a particular meeting, two or more members of a body or other entity or group to which the Sunshine Law applies must be present or there must have been delegation of decision-making by such a body to eit...

...foreseeable that action will be taken by a board subject to the Sunshine Law. 12 A private organization that performs services for a public agency and receives compensation for these services is not, by virtue of that relationship alone, subject to section 286.011 , Florida Statutes....

...Gainesville Sun Publishing Company, Inc. , 341 So. 2d 783 (Fla. 1st DCA 1976), cert. denied , 352 So. 2d 171 (Fla. 1977); Cape Coral Medical Center, Inc. v. News-Press Publishing Company, Inc. , 390 So. 2d 1216 , 1218 n. 5 (Fla. 2d DCA 1980) (inasmuch as the policies behind Ch. 119 and s. 286.011 are similar, they should be read together); Wood v....

Government in the Sunshine and Public Records Laws, section 286.011 and Chapter 119, Florida Statutes, when it

...From the information provided to this office, however, the community college board of trustees is not involved in the acquisition of the property and is not required to make any decision regarding such acquisition. The Government in the Sunshine Law, section 286.011 (1), Florida Statutes, provides: "All meetings of any board or commission ....

...r. 2 Thus, this office has stated that a meeting between the chairman of a private industry council created pursuant to federal law and the chairman of a five-county employment and training consortium created pursuant to state law was not subject to section 286.011 , Florida Statutes, unless a delegation of decision-making to the chairman of the consortium was present....

provided in s. 119.16, F.S. AS TO QUESTION 1: Section 286.011, F.S., the Government in the Sunshine Law,

opinion on the following question: Pursuant to section 286.011(8), Florida Statutes, may qualified interpreters

...The first of these suits attacked the Board’s action with regard to the elimination of the all black Mays school. It is styled Pate v. Dade County School Board. The Board’s action was alleged to be arbitrary and capricious and also as taken in violation of Florida Statute 286.011, F.S.A., known as the “government in the sunshine law.” This law requires that any official action taken by an agency of the State of Florida be taken in public proceedings and that a written record of such proceedings be made....

...er on matters coming before the commission for official action, and if so, what limitations exist? You have not provided this office with any specific facts; therefore, my comments must be general in nature. Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, provides that all meetings of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision at which official acts are to be taken are declared to be public meetings open to the public at all times....

...r interaction among the commissioners prior to the meeting. 5 If, however, the report is circulated among board members for comments with such comments being provided to other members, there is interaction among the board members which is subject to section 286.011 , Florida Statutes....

...l court. 2 So ended the quiet title lawsuit. For purposes of our analysis, it is important to know that before settling the quiet title lawsuit, the City engaged in private discussions with its counsel under procedures specified in section 286.011(8), Florida Statutes (2008). Florida law is solicitous of transparent government. Accordingly, as a general matter, meetings of public bodies are open to the public. Section 286.011(8) provides a limited exception: (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 c...

...The City moved to dismiss the complaint because the shade meeting transcript remained exempt from disclosure.3 The City argued that because the quiet title settlement provided for further mediation should a dispute arise about the meaning of the agreement, the case was not concluded for purposes of section 286.011(8)(e). The trial court dismissed the public records lawsuit....

...construed narrowly and limited to their designated purpose. See Lightbourne v. McCollum, 969 So. 2d 326, 332-33 (Fla. 2007) (addressing the public records act, sections 119.01-.15); Zorc v. City of Vero Beach, 722 So. 2d 891 (Fla. 4th DCA 1998) (addressing the Sunshine Law, section 286.011); Seminole Cnty....

...We resolve any doubt in favor of disclosure. See Morris Publ'g Grp., LLC v. Fla. Dep't of Educ., 133 So. 3d 957, 960 (Fla. 1st DCA 2013). Our review of what constitutes a public record is de novo. Id. at 959; Bruckner v. City of Dania Beach, 823 So. 2d 167 (Fla. 4th DCA 2002) (applying the same standard of review to section 286.011 cases). The City claims that when the Chmielewskis filed the inverse condemnation lawsuit, it invoked the mediation process contained in the quiet title settlement agreement....

...Miami Herald Publ'g Co., 462 So. 2d 821 (Fla. 1985)); see also State v. Coca-Cola Bottling Co. of Miami, Inc., 582 So. 2d 1, 2 (Fla. 4th DCA 1990) (reiterating that only the legislature can create such an extended exemption); Op. Att'y Gen. Fla. 13-13 (2013) (advising that section 286.011(8)(e) does not recognize a continuation of the exemption for "derivative claims" made in separate, subsequent litigation and such an exemption cannot be read into the statute). The shade meeting transcript became a ma...

...These opinions show where this office has concluded that competitive bidding is required for the sale of a county's personal property, regardless that there are no statutory requirements for published notice of the sale of personal property under s. 125.35 , F.S. 8 Cf., Section 286.011 , F.S., Florida's Sunshine Law, which requires all meetings of an agency or authority of any county, municipal corporation or political subdivision at which official acts are to be taken to be public meetings open to the public at all times. While s. 286.011 , F.S., does not expressly require that notice of such meetings be given, it has been judicially determined that reasonable notice is required [Hough v. Stembridge, 278 So.2d 288 (3 D.C.A.Fla., 1973), concluding, while notice is not specifically required by s. 286.011 , F.S., in order for a public meeting to be "public," reasonable notice thereof is mandatory], and this office has determined that "reasonable" notice is an implicit and inherent requirement under s. 286.011 , F.S. See, AGO 80-78 (Section 286.011 , F.S., does not expressly require notice to be given for public meeting, however, advisable to give notice at time and in manner so as to enable the press and other interested members of the public to attend any meetings of the agenc...

political subdivision. . . ."6 In interpreting section 286.011, Florida Statutes, the courts have stated that

district created pursuant to special act? In sum: Section 286.011(8), F.S., effective June 30, 1993, which exempts

...Indeed, according to UCFAA’s articles of incorporation, UCFAA’s purpose is to promote the health and physical welfare of UCF students through intercollegiate athletics. UCFAA gives public notice of its board of directors meetings and holds them in public, consistent with Florida’s Sunshine Law, section 286.011, Florida Statutes (2011)....

plaintiffs [appellants] with a violation of Section 286.011, Florida Statutes. “(f) That the defendant

Florida's Government in the Sunshine Law, section 286.011, Florida Statutes, provides that all meetings

...Chance, J.D., as Executive Director of Brechner Center for Freedom of Information, in Support of Appellant. ALTENBERND, Judge. Dennis Ribaya appeals an order dismissing his second amended complaint with prejudice. In his complaint, he alleged a violation of subsection 286.011(1), Florida Statutes (2012), often called "the Sunshine Law," and also sought declaratory relief under Chapter 86, Florida Statutes (2012), the Declaratory Judgment Act, concerning actions of the Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa (the Board)....

...Ribaya did not sue the Board under any theory that might have allowed him to obtain a monetary judgment for some civil wrong. Instead, his complaint alleged a violation of the Sunshine Law and sought declaratory relief. He claimed that his exclusion from the meetings was not warranted under Policy 109, and that under section 286.011(1), his wrongful exclusion from the meetings violated Florida's Sunshine Law....

...lose, the parties may still need a binding disposition on the merits, which a dismissal does not provide. Finally, the standard of review of an order dismissing an action for declaratory judgment is somewhat different in the context of a Sunshine Law challenge. Section 286.011 creates broad public access to governmental meetings. This statute implements the constitutional right of access created in Article I, section 24, of the Florida Constitution. Subsection 286.011(4) clearly contemplates legal actions by members of the public to enforce the Sunshine Law. See § 286.011(4) (providing for 5 Freedom Properties v....

...See id. at 424-25. - 10 - attorney's fees where "an action has been filed . . . to enforce the provisions of this section" and the trial court determines that a violation has occurred). But section 286.011 does not contain an express right of action. As a result, it has become common for litigants to file actions for claims under the Sunshine Law that allege a claim for violation of the statute and a claim for declaratory relief. In effect, the litigant alleges a claim under section 286.011 and seeks a remedy under chapter 86....

...welcomes sunshine at such meetings. But policies to assure order have the potential to be misused to silence opposing views. Without prejudging the issue in any manner, we cannot say that the exclusion of Mr. Ribaya was or was not a violation of section 286.011. Assuming there was a violation of the Sunshine Law, the limited body of case law tends to support Mr....

...Ribaya's argument on his third proposition that such a violation requires the court to void all action that occurred at the affected meetings. The statute itself states that "no resolution, rule, or formal action shall be considered binding except as taken or made at [a public meeting in compliance with the statute]." § 286.011(1)....

...Rosen: On behalf of the Health Care District of Palm Beach County and Glades Hospital Holdings, Inc., you have asked for my opinion on substantially the following: Whether the Board of Commissioners of the Health Care District of Palm Beach County may, in accordance with section 286.011 (8), Florida Statutes, enter into closed attorney-client sessions for the purpose of discussing settlement negotiations and/or strategies related to litigation expenditures on pending litigation to which Glades Hospital Holdings, Inc., is a named party, and not the Health Care District of Palm Beach County....

...fically provides: "Notwithstanding any other provision contained herein to the contrary, the Hospital Board shall not undertake any of the following actions without the prior approval of the District: * * * b. Approve any litigation expenditures[.]" Section 286.011 (1), Florida Statutes, requires governmental boards or commissions to conduct their business at open public meetings....

...3 Prior to the enactment of this exemption, no attorney-client privilege for governmental agencies was recognized and the Sunshine Law had been construed to apply to all meetings between governmental agencies and their attorneys conducted for the purpose of discussing settlement of pending litigation. 4 Section 286.011 (8), Florida Statutes, 5 provides that notwithstanding the provisions of subsection (1) and provided that the enumerated conditions are met: "[A]ny board or commission of any state agency or authority or any agency or authority of any...

...d 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 . . . ." (e.s.) Section 286.011 (8), Florida Statutes, requires that the discussion relate to "pending litigation to which the entity is presently a party" and that the subject matter of any such meeting "shall be confined to settlement negotiations or strategy sess...

...ation. 6 In the question you have posed, the Palm Beach County Health Care District would not be a named party in an action against GHHI. You have asked whether, under these circumstances, the board of the health care district could meet pursuant to section 286.011 (8), Florida Statutes, to approve litigation expenditures....

...frivolous and brought with malicious intent. The claim for attorney's fees was brought in the name of the mayor although it was the city's attorney who had defended against the ethics charge. The city and its attorney had met in private pursuant to section 286.011 (8), Florida Statutes, to discuss litigation strategy and the appellants alleged that, since the city was not a named party to the litigation, the meeting violated Florida's open government laws....

...edings, the court recognized that the city was the real party in interest on the attorney's fee claims and, thus, could meet in executive session with the attorney to discuss the claim. As this office recognized in Attorney General's Opinion 95-06: "Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...ts. 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." 8 In applying section 286.011 (8), Florida Statutes, Florida courts have held that the Legislature intended a strict construction of the exemption....

...nd attorney to meet in private if the agency is a party to litigation and the attorney desires advice concerning settlement negotiations or strategy." (e.s.) Reading the exemption narrowly, this office, in Attorney General's Opinion 95-06, construed section 286.011 (8), Florida Statutes, to preclude 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....

...The legislative history of the exemption indicates that it was intended to apply only to discussions rather than to final action relating to settlement negotiations or litigation expenditures. 10 As was noted in the legislative analysis of the original bill enacting section 286.011 (8), Florida Statutes, "[n]o final decisions on litigation matters can be voted on during these private, attorney-client strategy meetings....

...The decision to settle a case, for a certain amount of money, under certain conditions is a decision which must be voted upon in a public meeting." 11 Thus, as the Florida Supreme Court held in the Zorc v. City of Vero Beach , "[t]he 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." 12 Based on the relationship between the district and the corporation and the oversight exercised by the district over the corporation, you have represented to this office that the Health...

...In those situations where the district is a real party in interest in litigation, then, under the rationale of Brown v. City of Lauderhill , the Health Care District is entitled to hold private meetings for settlement negotiations or strategy sessions related to litigation expenditures pursuant to section 286.011 (8), Florida Statutes. Therefore, it is my opinion that the Board of Commissioners of the Health Care District of Palm Beach County may, in accordance with section 286.011 (8), Florida Statutes, and the holding in Brown v....

...03-326, supra ), setting forth the intent of the legislature in adopting the act. 2 Section 6(1) of the Palm Beach County Health Care Act. 3 See s. 1, Ch. 93-232 , Laws of Fla. 4 See, e.g., Neu v. Miami Herald Publishing Company , 462 So. 2d 821 (Fla. 1985). 5 Section 286.011 (8), Fla....

...8 And see School Board of Duval County v. Florida Publishing Company , 670 So. 2d 99 (Fla. 1st DCA 1966), agreeing with Op. Att'y Gen. Fla. 95-06 (1995), and quoting the opinion extensively. See also Op. Att'y Gen. Fla. 04-35 (2004) (application of s. 286.011 (8) limited to pending litigation; it does not apply when no lawsuit has been filed even though the parties involved believe litigation is inevitable)....

...Appellants requested that Doyle leave, but she refused. The arbitration hearing was recessed and has not yet taken place. On June 15, 1981, the CTA and Cutts filed a complaint in the lower court seeking a judicial declaration that the Government in the Sunshine Act, Section 286.011, Florida Statutes (1979), did not apply to grievance arbitration hearings conducted pursuant to the agreement between CTA and the School Board, and also seeking to enjoin Palm Beach Newspapers, its officers, agents, and employees, as...

...te of Chapter 119 by private contract w.ould sound the death knell of the Act. In a similar vein, we believe that the provisions of a private agreement entered into by public bodies cannot be used to circumvent the requirements of public meetings in Section 286.011, Florida Statutes (1979)....

...To rule otherwise and hold that an arbitration hearing may be closed to the public even though the grievance and other documentation on which it is based is a public document makes little sense to us. However, since the trial court has not yet expressly ruled on the application of Section 286.011, we also decline to do so and simply affirm on the narrow ground that *1377 the preliminary injunction was not improperly denied....

...to section 288.075 (2), Florida Statutes, and I would note that the exemption expressed in section 288.075 (2), Florida Statutes, applies only to records and does not constitute an exemption from the provisions of the Government in the Sunshine Law, section 286.011 , Florida Statutes....

Mr. Frank J. Griffith, Jr. County Attorney Brevard County Post Office Box 37 Titusville, Florida 32781-0037 Dear Mr. Griffith: This is in response to your request for an opinion on substantially the following question: DOES s. 286.011 (7), F.S., AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO REIMBURSE INDIVIDUAL BOARD MEMBERS FOR ATTORNEY'S FEES WHICH WERE ACCUMULATED DURING AN INVESTIGATION OF ALLEGED (CRIMINAL) VIOLATIONS OF s. 286.011 , F.S., EVEN THOUGH NO FORMAL CHARGES WERE FILED? Your letter of inquiry states that three members of the board of county commissioners were accused by another commissioner of possible violations of the Government-in-the-Sunshine Law when voting to relieve the Administrative Director of his duties....

...You further state that the commissioners retained private counsel during the investigation; however, after some time, the investigation was discontinued and the State Attorney announced that no charges would be filed. Based on the foregoing, you inquire whether s. 286.011 (7), F.S., authorizes the Board of County Commissioners to reimburse the individual board members for attorney's fees incurred while they are being investigated concerning possible violations of the Government-in-the-Sunshine Law, s. 286.011 , F.S. Section 286.011 , F.S., provides that all meetings of any board or commission of any state agency or authority or of any agency or authority of a county, municipality, or political subdivision at which official acts are to be taken are public meetings open to the public at all times. Section 286.011 (1), F.S. Section 286.011 (3)(b), F.S., makes it a misdemeanor of the second degree for any person who is a member of a board or commission or of any state agency or authority of any county, municipality or political subdivision to knowingly attend a meeting not held in accordance with s. 286.011 . Pertinent to your inquiry, s. 286.011 (7) 1 , F.S., provides: 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 a...

...expressly mentioned — expressio unius est exclusio alterius. See, Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952); Ideal Farms Drainage Dist. v. Certain Lands, 19 So.2d 234 (Fla. 1944). Section 286.011 (7), F.S., expressly provides that a governmental unit, in this instance the county, is authorized to reimburse one of its members for any portion of reasonable attorney's fees when (1) the member is charged with a violation of the Sunshine Law and (2) when the member is subsequently acquitted of the charge....

...ty is authorized to make such reimbursements. Accordingly, since the facts as described in your letter of inquiry indicate that no charges were filed against the commissioners from which they could be subsequently acquitted, I am of the opinion that s. 286.011 (7), does not authorize the Board of County Commissioners of Brevard County to reimburse the individual commissioners for the legal costs accumulated during an investigation of alleged violations of the Sunshine Law when no formal charges were filed....

...the Attorney General. See, AGO 85-51; 1984 Annual Report of the Attorney General, "Statement of Policy Concerning Attorney General Opinions," p. ix. In sum, unless and until legislatively or judicially determined otherwise, I am of the opinion that s. 286.011 (7), F.S., does not authorize the Board of County Commissioners of Brevard County to reimburse individual commissioners for attorney's fees incurred during an investigation of alleged violations of the Government-in-the-Sunshine Law, when no formal charges were filed against the commissioners....

...s served a public purpose, rests with the governing body of the governmental unit in question and cannot be delegated to the Attorney General's Office. Sincerely, Jim Smith Attorney General Prepared by: Anne Curtis Terry Assistant Attorney General 1 Section 286.011 (7), F.S., was brought into the statutes by Ch....

...Flowers Attorney for City of Midway QUESTION: May a municipality prohibit a private citizen from recording by video camera the monthly meeting of the city council? SUMMARY: A municipality may not prohibit a citizen from video taping the meetings of the city council through the use of nondisruptive video recording devices. Section 286.011 , F.S., Florida's Government in the Sunshine Law, requires that meetings of a public board or commission be "open to the public." Underlying the Sunshine Law's guarantees of public access is a recognition of the public's right to be informed of the actions of its public officials....

...In previously considering a similar issue, this office stated that a rule which prohibits the use of all tape recorders, including silent taping devices that are neither distracting nor disruptive, was in conflict with the public policy of the state as interpreted under s. 286.011 , F.S....

Pines hold an attorney-client session under section 286.011(8), Florida Statutes, to discuss pending litigation

Dear Mr. Gougelman: As City Attorney for the City of Melbourne and on behalf of the Melbourne City Council, you have requested my opinion on substantially the following question: Does section 286.011 (8), Florida Statutes, authorize a city council to meet in executive session to consider the terms of mediation undertaken pursuant to the conflict resolution procedure set forth in Chapter 164 , Florida Statutes? In sum: Section 286.011 (8), Florida Statutes, does not authorize a city council to meet in executive session to consider the terms of settlement negotiations in conflict resolution proceedings under the "Florida Governmental Conflict Resolution Act." Accord...

...flict resolution process provides for mediation in section 164.1055 (2), Florida Statutes. You advise that it would be helpful for the Melbourne City Council to meet in executive session "to refine settlement offers and counteroffers, as provided by Section 286.011 (8)(b), Florida Statutes." Your concerns arise in light of an Informal Attorney General Opinion addressed to Mr....

...ant to section 164.1055 , Florida Statutes, are authorized to privately discuss among themselves the matters being considered at such a meeting, it would appear that any such meetings must be conducted openly and in accordance with the provisions of section 286.011 , Florida Statutes." The Florida Governmental Conflict Resolution Act, sections 164.101 - 164.1061 , Florida Statutes, 1 was adopted by the Florida Legislature in 1999....

...of the on-going mediation." It is my opinion that this conclusion applies equally to the procedures preceding the mediation phase of conflict resolution procedures under section 164.1055 , Florida Statutes. Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes, provides a right of access to government proceedings at both the state and local levels....

...Law must be broadly construed to effect its remedial and protective purpose. 10 A fundamental requirement of the Sunshine Law is that meetings of entities covered by the Sunshine Law be "open to the public." The term "open to the public" as used in section 286.011 , Florida Statutes, means open to all persons who choose to attend....

...hich involve officials or representatives of local governmental entities, would come within the scope of Florida's Government in the Sunshine Law. 14 You have asked specifically whether a city council may meet in closed executive session pursuant to section 286.011 (8)(b), Florida Statutes, to "refine settlement offers and counteroffers" developed during the Chapter 164 conflict resolution process. You analogize this to the requirement in section 286.011 (8)(b) providing for "shade meetings" for discussion of settlement negotiations or strategy sessions related to litigation expenditures. You also note that litigation has been filed in this case, but abated by the court until the conflict resolution process has ben concluded. Section 286.011 (1), Florida Statutes, makes 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, at which official acts are to be taken, open to the public at all times. During the 1993 legislative session, subsection (8) was added to section 286.011 , Florida Statutes, to provide: "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...

...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." Section 286.011 (8), Florida Statutes, does not create a blanket exception to the open meeting requirement of the Sunshine Law for all meetings between a public board or commission and its attorney....

...Moreover, such discussions are limited to settlement negotiations or strategy sessions related to litigation expenditures . In addition, the other conditions specified by the Legislature must be fully met by a public entity in order to claim the exemption. 16 In Attorney General Opinion 95-06, this office noted that section 286.011 (8), Florida Statutes, by its terms is limited to particular individuals who in their official capacity are authorized to discuss particular limited subjects....

...) the subject matter of the meeting is confined to settlement negotiations or strategy sessions related to litigation expenditures. In the case of Zorc v. City of Vero Beach , 17 the court, acknowledging the dearth of cases interpreting the scope of section 286.011 (8), Florida Statutes, looked to the statute's legislative history to determine whether the city's action at a closed meeting went beyond the statute's scope and stated: "This act is not an attempt to provide a means for government to meet behind closed doors to accomplish goals out of the sunshine....

...ee and to sign any necessary documents in order to settle the city's claim was formal action requiring a vote at a public meeting. The court stated that 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." 20 Thus, the provisions of section 286.011 (8), Florida Statutes, do not extend confidentiality to discussions of subject matter outside the scope of the statute. As an exception to the Government in the Sunshine Law, the exemption must be read strictly with a view toward protecting the interests of the public. 21 While litigation may be pending, 22 the exemption in section 286.011 (8), Florida Statutes, applies only to settlement negotiations or strategy sessions related to litigation expenditures undertaken regarding the pending litigation. Discussions between the city attorney and the city commission relating to settlement of a conflict under the Florida Governmental Conflict Resolution Act would not come within the scope of this exemption. Nothing in section 286.011 (8), Florida Statutes, extends the coverage of the exemption to discussions of mediated disputes or to issues arising through the conflict resolution procedure whether or not litigation has been filed. In sum, it is my opinion that section 286.011 (8), Florida Statutes, does not authorize a city council to meet in executive session to consider the terms of settlement negotiations in conflict resolution proceedings under the "Florida Governmental Conflict Resolution Act." Sincerely, Bill McCollum Attorney General BM/tgh 1 See s....

...Doran , 224 So. 2d 693 (Fla. 1969); and Ops. Att'y Gen. Fla. 95-06 (1995) (if designee is authorized to exercise any decision-making authority on behalf of council, that person would be acting on behalf of the council or the board and meeting is subject to s. 286.011 , Fla....

...4th DCA 1995) (city attorney may meet in private to discuss attorney's fees). 20 722 So. 2d at 901 . 21 See Op. Att'y Gen. Fla. 95-06 (1995). 22 See Op. Att'y Gen. Fla. 06-03 (2006), discussing the meaning of the word "pending" and utilizing the dictionary definition for the term to suggest that "pending" for purposes of s. 286.011 (8), Fla....

...ormation about the city's "friends" and the respective link to the friends' Facebook pages linked to the city's page? 4. Would communications on the city's Facebook page regarding city business be subject to Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes? In sum: 1....

...Chapter 119 , Florida Statutes, Article I , section 23 , Florida Constitution, is not implicated. 4. Communications on the city's Facebook page regarding city business by city commissioners may be subject to Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes....

...c record within the meaning of Chapter 119 , Florida Statutes, Article I , section 23 , Florida Constitution, is not implicated. As noted supra , the city may wish to post a notice on its Facebook page regarding the Public Records Law. Question Four Section 286.011 , Florida Statutes, the Government in the Sunshine Law, has three basic requirements: "(1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and (3) minutes of t...

...ssion. 15 The law extends to the discussions and deliberations as well as the formal action taken by a public board or commission, with no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to section 286.011 , Florida Statutes....

...hange or discussion of matters that foreseeably will come before the board or commission for official action. Accordingly, communications on the city's Facebook page regarding city business may be subject to Florida's Government in the Sunshine Law, section 286.011 , Florida Statutes....

thereof inasmuch as an alleged violation of F.S. Section 286.011(1), F.S.A., is involved. We have compared the

...Government in the Sunshine Law Section 1002.33 (1), Florida Statutes, provides that "[c]harter schools shall be part of the state's program of public education" and that "[a]ll charter schools in Florida are public schools." The statute also specifically requires compliance with section 286.011 , Florida Statutes, relating to public meetings and Chapter 119 , Florida Statutes, relating to public records....

...9 It is generally understood to be the case that any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter upon which foreseeable action will be taken by that public board or commission is a meeting subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...egation of responsibility to a collegial body may implicate the Sunshine Law. 11 For example, in Wood v. Marston , 12 a committee created to screen applications and make recommendations for the position of a law school dean was held to be subject to section 286.011 , Florida Statutes....

...aw by undertaking to delegate the conduct of public business through an alter ego." Thus, the personnel process and meetings of a collegial body, created by the Bay Haven Charter Academy board of directors to perform these duties would be subject to section 286.011 , Florida Statutes....

...4th DCA 1989), the court held that since the mayor was responsible under the city charter for disciplining city employees and since the mayor was not a board or commission and was not acting for a board, meetings between the mayor and a city employee concerning the employee's duties were not subject to section 286.011 , Florida Statutes; but see Ops....

Dear Ms. Echeverri: You ask: Does section 286.011, Florida Statutes, apply to special magistrates appointed

The Florida Government in the Sunshine Law, section 286.011(1), Florida Statutes, provides: "All meetings

chapter 119, Florida Statutes. Question Two Section 286.011, Florida Statutes, the Government in the Sunshine

...ister the system. 8 The board of directors is authorized by the statute to assess members a fee to fund the system. 9 Finally, the board is required to report annually to the Governor on the operation of the system. 10 Government in the Sunshine Law Section 286.011 (1), Florida Statutes, the Government in the Sunshine Law, provides in part 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, or political subdivision ....

...statutorily prescribed, 15 [as are penalties for violations of the act. 16 Thus, the Board of Directors of the Sunshine State One-Call of Florida, Inc., is within the dominion and control of the Legislature and meetings of the board must comply with section 286.011 , Florida Statutes....

...hassee, Florida 32399-1300 Dear Representative Sansom: You ask substantially the following question: Is a community college direct-support organization, as defined in section 1004.70 , Florida Statutes, subject to the Government in the Sunshine Law? Section 286.011 (1), Florida Statutes, the Government in the Sunshine Law, provides in pertinent part: "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 ....

...1 Moreover, both the courts and this office have advised officials that if they are in doubt as to the applicability of the law, they should comply with the open-meeting policy of the state. 2 While private organizations generally are not subject to the Sunshine Law, section 286.011 , Florida Statutes, has been held applicable to private organizations in order to avoid a circumvention of the statute....

...Subsequently, in Attorney General Opinion 92-53 this office advised that the John and Mable Ringling Museum of Art Foundation, Inc., created as a not-for-profit corporation to assist the museum in carrying out its functions by raising funds for the museum, was subject to the requirements of section 286.011 , Florida Statutes....

...munity college by any community college direct-support organization. 7 Based upon the above, it appears that community college direct-support organizations that operate exclusively on behalf of the community colleges are subject to the provisions of section 286.011 , Florida Statutes....

...on, other than the auditor's report, are confidential and exempt from the disclosure provisions of the Public Records Law. Section 119.07 (9), Florida Statutes, clearly provides that an exemption from section 119.07 "does not imply an exemption from s. 286.011 . The exemption from s. 286.011 must be expressly provided." Thus, exemptions from the Public Records Law do not by implication allow an agency otherwise subject to section 286.011 to close a meeting. 9 Accordingly, I am of the opinion that a direct-support organization, as defined in section 1004.70 , Florida Statutes, is subject to the Government in the Sunshine Law, section 286.011 , Florida Statutes....

...04-44 (2004), 95-65 (1995), 93-41 (1993), 91-88 (1991) and 91-75 (1991). And see City of Miami Beach v. Berns , 245 So.2d 38 (Fla. 1971), in which the Florida Supreme Court has stated that in the absence of a statute exempting a meeting in which privileged material is discussed, the Government in the Sunshine Law, s. 286.011 , Fla....

action," within the meaning of the act.10 Section 286.011, F.S., therefore, has been construed to apply

...he minutes of city council meetings are public records when the clerk has performed his or her duty to prepare the minutes even though they have not yet been sent to the city council members and have not been officially approved by the city council. Section 286.011 , F.S., requires that minutes of a board or commission meeting be promptly recorded and open to public inspection....

comments and performance memorandum violate section 286.011, Florida Statutes? In sum: 1. The written comments

...nue, Suite A Gainesville, Florida 32609 Dear Mr. Scharps: On behalf of the Gainesville-Alachua County Regional Airport Authority, you ask substantially the following question: Does a voluntary dismissal operate to conclude litigation for purposes of section 286.011 (8), Florida Statutes, allowing a plaintiff to voluntarily dismiss a suit, request the record of the strategy or settlement meeting and use the information to refile the lawsuit? In sum: It would appear inconsistent with the intent of section 286.011 (8), Florida Statutes, to allow a plaintiff access to the record of a strategy or settlement meeting of a defendant public body in order to gain an advantage in anticipation of further litigation. Section 286.011 (8), Florida Statutes, makes confidential a strategy or settlement meeting between a board and its attorney when the board is a party before a court or administrative agency....

...The statute, however, allows access to the record of such meeting when the litigation is concluded. This question arises in light of three pending lawsuits against the authority in which a member of the authority has expressed the desire to hold a meeting under section 286.011 (8), Florida Statutes, to discuss settlement of one or more of the suits....

...ly taken a voluntary dismissal in actions based on the same claims operates as an adjudication of the merits and bars further action. 1 Thus, the plaintiff could request a copy of the transcript of the strategy or settlement meeting held pursuant to section 286.011 (8), Florida Statutes. The city may release a copy of the transcript without fear that the plaintiff will use the information in order to gain an advantage in a future suit based upon the same claims. Section 286.011 (1), Florida Statutes, makes 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, at which official acts are to be taken, open to the public at all times. During the 1993 legislative session, subsection (8) was added to section 286.011 , Florida Statutes, to provide: 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...

...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. Section 286.011 (8)(a), Florida Statutes, provides that it is the attorney for a board or commission who at a public meeting advises the entity that he or she "desires advice concerning the litigation." It would be advisable, therefore, to allow the...

...trial under the law. 5 Accordingly, if a public records demand is made for the transcript of a strategy or settlement meeting by a plaintiff who has voluntarily dismissed the action which is the subject of such a meeting, it may be advisable to cite section 286.011 (8), Florida Statutes, to maintain the confidentiality of such records....

...To allow a plaintiff who has voluntarily dismissed a suit to gain access to transcripts of strategy or settlement meetings in order to obtain an advantage in the refiling of a lawsuit would subvert the purpose of the statute. Accordingly, it is my opinion that to give effect to the purpose of section 286.011 (8), Florida Statutes, a public agency may maintain the confidentiality of a record of a strategy or settle-ment meeting between a public agency and its attorney until the suit is dismissed with prejudice or the applicable statute of limitations has run....

...record.” In addressing this issue, the Fourth District, relying on both Walton and Gonzalez, stated: “Even though the trial court correctly harmonized the statutory provisions protecting the confidentiality of mediation communications with the requirements of section 286.011(8), the trial court was led astray by the parties’ agreement that an in camera review of the transcript was not needed.” Everglades Law Ctr., 290 So....

...voted to terminate the employment of the city manager, the city attorney, and the city clerk, and voted to remove the mayor and replace him with Parris’s co-defendant, Damien Gilliams. Based on this meeting, Parris and Gilliams were charged with violating section 286.011, Florida Statutes (2019), commonly referred to as the Sunshine Law....

...1 1 We take up Gilliams’s appeal in a separate opinion in case 4D21-2667.  Parris raises multiple issues on appeal, most of which pertain to her conviction of a Sunshine Law violation. We address the following three arguments: (1) her conviction must be reversed where section 286.011 does not contain definitions for certain phrases; (2) her responses to the investigator’s imprecise questions did not amount to perjury; and (3) her allegedly false statements were not material....

...pal 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 . . . . § 286.011, Fla....

...Turning to the issues raised on appeal, we must reject as meritless Parris’s first argument that the Sunshine Law is unconstitutionally vague. Parris contends that because the phrases “reasonable notice” and “open to the public at all times” are not defined in section 286.011, Florida 6 Statutes (2019), she did not know what conduct was prohibited, and, thus, her constitutional right to notice of prohibited conduct was violated....

...decision to cancel a regularly scheduled city council meeting because of 4The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” § 286.011(1), Fla....

...and the city clerk, and voted to remove the mayor and replace him with Gilliams. Based on this meeting and telephone calls between Gilliams and Sebastian City Councilmembers Pamela Parris and Charles Mauti before and after the meeting, Gilliams was convicted of three counts of violating section 286.011, Florida Statutes (2019), commonly referred to as the Sunshine Law....

...appreciate the Law’s meaning and/or the possible criminal penalties that 3The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” § 286.011(1), Fla....

Commissioner. GOVERNMENT IN THE SUNSHINE LAW Section 286.011, Florida Statutes, the Government in the Sunshine

with individual members of the city council. Section 286.011, F.S., the Government-in-the-Sunshine Law,

open meetings requirement of s. 286.011, F.S. Section 286.011(1), F.S., provides: All meetings of any

at all times . . . . (Emphasis supplied.) Section 286.011, F. S., has been said to be applicable to and