The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . request with the following qualifier: "Documents considered confidential under the guidelines of Section 286.011 . . . the Board of Veterinary Medicine-may be excluded from public review under the guidelines of Section 286.011 . . . Three days later, the Department responded to the show cause order, conceding that section 286.011(8) . . . asserted that the document was an attorney-client communication exempt from disclosure under section 286.011 . . . (8), Florida Statutes (2015), it subsequently conceded that section 286.011(8) was not applicable. . . .
. . . . § 286.011 (1969). . . . Stat. § 286.011. The Rhode Island open meetings law has been interpreted similarly. . . .
. . . The Sunshine Law, section 286.011(1), Florida Statutes (2012), states: All meetings of any board or commission . . . Section 286.011(1), Florida Statutes (2012), provides that "[t]he board or commission must provide reasonable . . .
. . . Petersburg's city council had violated Florida's Government in the Sunshine Law, section 286.011 (2012 . . . Section 286.011(1), Florida Statutes (2011), mandates: All meetings of any board or commission of any . . . Section 286.011(8) states in pertinent part: Notwithstanding the provisions of subsection (1), any board . . . related to litigation expenditures," as required by the Sunshine Law exemption set forth in section 286.011 . . .
. . . See § 286.011, Fla. Stat. (2017); see also Art. I, § 23, Fla. Const. . . . serious business: not only is there criminal liability for officials who knowingly disregard it, e.g., § 286.011 . . . Stat. (2017), but also Florida law provides that “where officials have violated section 286.011, the . . . Cf. § 286.011(1), Fla. . . . Courts commonly refer to Section 286.011, Florida Statutes, as the “Government in the Sunshine Law.” . . .
. . . . § 286.011 (2012) (Florida’s Government in the Sunshine Law). . . .
. . . Fee alleged that (1) NCCI violated the Sunshine Law, section 286.011, Florida Statutes (2016), by failing . . . -Section-286.011, Florida Statutes ■ Fee also argued, and the trial court found, that NCCI violated the . . . Section 286.011, Florida Statutes (2015), requires “[a]ll meetings of any board or commission of any . . . Thus, Fee’s argument under section 286.011 fails. in. . . . This statute provides as follows: “Section 286.011 shall be applicable to every rate filing, approval . . .
. . . . § 286.011(8). . . .
. . . Richard, violated Florida’s- Sunshine Law, section 286.011, Florida Statdtes (2015), by not allowing . . . Law allegation, the General Counsel dismissed this portion of the charge, determining that section 286.011 . . . See § 286.011(2)-(4), Fla. Stat. (2015); Cent. Fla. Prof'l Fire Fighters Ass’n, Local 2057 v. . . .
. . . Florida Administrative Procedure Act because “[s]uch hearings- are exempt from ss. 120.569, 120.57, and 286.011 . . .
. . . In his complaint, he alleged a violation of subsection 286.011(1), Florida Statutes (2012), often called . . . Section 286.011 creates broad public access to governmental meetings. . . . But section 286.011 does not contain an express right of action. . . . In effect, the litigant alleges a claim under section 286.011 and seeks a remedy under chapter 86. . . . Ribaya was or was not a ■violation of section 286.011. . . .
. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .
. . . Florida Statutes (2013), were conducted in violation of Florida’s Sunshine Law as codified in section 286.011 . . . Const.; § 286.011, Fla. Stat. (2013). . . . his or her representative, and a bargaining agent shall be in compliance with the provisions of s. 286.011 . . . See § 286.011(2), Fla. . . .
. . . Marvin Shavian, and James Parent; and Mayor Steve McFarlin on his claim that they violated section 286.011 . . . his claim that the appellees violated article I, section 24 of the Florida Constitution and section 286.011 . . . Section 286.011(8) creates an exemption to the Sunshine Law for meetings between a public body and its . . . out that responsibility for a violation can include criminal and noncriminal penalties under section 286.011 . . . A “shade meeting” is a meeting held pursuant to section 286.011(8), which creates an exemption to the . . .
. . . lawsuit, the City engaged in private discussions with its counsel under procedures specified in section 286.011 . . . Section 286.011(8) provides a limited exception: (8) Notwithstanding the provisions of subsection (1) . . . City of Vero Beach, 722 So.2d 891 (Fla. 4th DCA 1998) (addressing the Sunshine Law, section 286.011); . . . of Dania Beach, 823 So.2d 167 (Fla. 4th DCA 2002) (applying the same standard of review to section 286.011 . . .
. . . the State Board of Education to disavow or reverse the exemption from sections 120.659, 120.57 and 286.011 . . . , when it provides: “Such hearings are exempt from ss. 120.569, 120.57, and 286.011, except to the extent . . . subparagraph expressly provides, in part, that due process hearings “are exempt from ss. 120.569, 120.57, and 286.011 . . .
. . . ECARD filed a complaint for declaratory and injunctive relief, alleging that the City violated section 286.011 . . . The board or commission must provide reasonable notice of all such meetings. § 286.011, Fla. . . .
. . . board of directors meetings and holds them in public, consistent with Florida’s Sunshine Law, section 286.011 . . .
. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .
. . . Further, section 286.011(1), Florida Statutes (2012), provides, in pertinent part: All meetings of any . . . The board or commission must provide reasonable notice of all such meetings. § 286.011(1), Fla. . . .
. . . legislature may, by general law, exempt certain records from the “access requirements of s. 119.07(1), s. 286.011 . . .
. . . . § 286.011 until ten days after the panel has found probable cause. . . .
. . . applied an overly narrow interpretation of the Sunshine Law’s fee shifting statutes, sections 119.12 and 286.011 . . . emphasis supplied) as this court directed when it granted attorney’s fees pursuant to sections 119.12 and 286.011 . . .
. . . 447.403, 447.4095, Florida Statutes (2010), and by conducting a shade meeting in violation of section 286.011 . . .
. . . . § 286.011, because the public was only given one day’s notice of the meeting. . . .
. . . requirements of section 255.20(l)(c)9., Florida Statutes, and conduct a public meeting pursuant to section 286.011 . . . government complies with all of the requirements of this subparagraph, conducts a public meeting under s. 286.011 . . . future invitations to bid, we emphasize that the City must conduct a public meeting pursuant to section 286.011 . . . Section 286.011(1), Florida Statutes (2009), provides: “All meetings of any board or commission of any . . .
. . . Because section 286.011 “was enacted in the public interest to protect the public from ‘closed door’ . . . Therefore, where officials have violated section 286.011, the official action is void ab initio. . . . Advisory committees functioning as fact-finders or information gatherers are not subject to section 286.011 . . . Tolar sued for injunctive relief, alleging a violation of section 286.011. Id. . . . As this Court noted, “By the express terms of section 286.011, any resolution, rule, regulation, or formal . . .
. . . . § 286.011(1), prevented the Board from delegating authority because, under that law, all decisions . . .
. . . Kessler for injunctive relief as a result of violating § 286.011, Florida Statutes, the open-meeting . . . Kessler at the helm, violated Florida’s open-meeting law, § 286.011, Florida Statutes. . . .
. . . In granting summary judgment, the trial court found that section 286.011(1), Florida Statutes (the Sunshine . . . The board or commission must provide reasonable notice of all such meetings. § 286.011(1), Fla. . . .
. . . Count Two, the open meeting claim, alleged violations of section 286.011, Florida Statutes (2006), known . . . procedure did not violate chapter 286, Florida Statutes, and denied appellants’ claim under section 286.011 . . . (stating that reasonable notice is necessary for a public meeting to be truly public under section 286.011 . . . Section 286.011(2), Florida Statutes (2006), states “[t]he minutes of a meeting of any such board or . . . Because, and to the extent, the City violated section 286.011(2), Florida Statutes (2006), by failing . . .
. . . 373.013, et seq., Florida Statutes, the Florida Water Resources Act (FWRA); (6) Violation of Section 286.011 . . . Act, Section 373.013, Florida Statutes; (2) violation of the Government in the Sunshine Laws, Section 286.011 . . . [DE 13, ¶ 177], Count VI alleges violations of Section 286.011, Florida Statutes, Government in the Sunshine . . . resolution, rule or formal action shall be considered binding except is taken or made at such meeting.” § 286.011 . . .
. . . institution before any governmental organization in a formal public meeting (Sunshine Meeting under § 286.011 . . .
. . . of Lee County, appeals a final judgment finding that his office violated the Florida Sunshine Law, § 286.011 . . . Section 286.011(1) provides as follows: All meetings of any board or commission of any state agency or . . . decision-making authority so as to constitute a “board” or “commission” within the meaning of section 286.011 . . .
. . . As they did in the trial court, the appellants argue that the School Board violated section 286.011, . . . formally adopting and implementing the advertised rezoning plan for failing to comply with section 286.011 . . . Section 286.011 provides that unless otherwise excepted, all meetings of any board or commission of any . . . appellants contend that the trial court erred when it found that the bus trip did not violate section 286.011 . . . to make recommendations it is participating in the decision making process and is subject to section 286.011 . . .
. . . (“RHA”) (Count IV); violations of Section 373.013, Florida Statutes (Count V); violation of Section 286.011 . . .
. . . the trial court found that a party who prevails in an action for wrongful termination under section 286.011 . . . Dascott’s termination violated sections 286.011(2),(4) of the Sunshine Act. . . . See § 286.011 Fla. Stat. (2002). Affirmed. SHAHOOD, C.J., and KLEIN, J., concur. . . . . violation of this section, the court shall assess a reasonable attorney's fee against such agency.... 286.011 . . .
. . . See § 286.011, Fla. . . .
. . . Under Florida law, such a meeting is authorized pursuant to section 286.011(8), Florida Statutes. . . . .
. . . further provides that such hearings “shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011 . . .
. . . . § 286.011(1), because JAA staff and Majestic executives met seriatim with JAA Board members in November . . .
. . . . § 286.011 (2001), and that changes to Florida’s parole laws violated the Ex Post Facto clause of the . . .
. . . investigative process and probable cause determination, alleging that Department failed to comply with section 286.011 . . .
. . . Jordan alleged a violation of Florida’s Sunshine Act under section 286.011, Florida Statutes, and Article . . . provisions of Florida’s Sunshine Law are Article I, section 24(b) of the Florida Constitution and section 286.011 . . . Section 286.011 provides as follows: All meetings of any board or commission of any state agency or authority . . . discipline and termination was a “board” or “commission” within the meaning of the Sunshine Act, section 286.011 . . . decision-making authority so as to constitute a “board” or “commission” within the meaning of section 286.011 . . . Therefore, the PSC constituted a board or commission within the meaning of section 286.011, because it . . .
. . . did unlawfully and knowingly attend a meeting not held in accordance with the provisions of Section 286.011 . . .
. . . Pursuant to this provision, the legislature enacted section 286.011(1), Florida Statutes, which subjects . . . Sunshine Law,” refers collectively to Article I, section 24(b) of the Florida Constitution and section 286.011 . . . Neither article I, section 24(b) nor section 286.011(1) use the "acting on behalf of” language used in . . .
. . . (Fla. 4th DCA 2004), this court held that there was a violation of Florida’s Sunshine Act, section 286.011 . . .
. . . Section 286.011(1), Florida Statutes, provides: All meetings of any board or commission of any state . . .
. . . OTHER CITY COMMISSIONERS THE CLOSING OF TRAILER CITY IN VIOLATION OF FLORIDA’S SUNSHINE LAW, SECTION 286.011 . . .
. . . complaint included a count claiming violation of Florida’s Government in the Sunshine Law, section 286.011 . . .
. . . Motions Committe first claims that the grievance committee meeting of The Florida Bar violated section 286.011 . . . Hence, we reject Committe’s argument that the Bar rules regarding confidentiality violated section 286.011 . . .
. . . both this state and the other jurisdiction; or (e) The conduct constitutes a knowing violation of s. 286.011 . . .
. . . or that would reveal such systems or information are confidential and exempt from ss. 119.07(1) and 286.011 . . .
. . . the termination decision, we conclude that the closing of the deliberations is a violation of section 286.011 . . . County is suggesting that panels meeting on whether to terminate employees are not subject to section 286.011 . . . Section 286.011(1), Florida Statutes (2002), provides: All meetings of any board or commission of any . . .
. . . citizen of the state of Florida, filed an action under chapter 119, the Public Records Act, section 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . .
. . . See §§ 120.525(1), 286.011(1), Fla. Stat. (2000); see also Lyon v. . . . resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.” § 286.011 . . .
. . . Appellant filed a complaint seeking injunctive and declaratory relief under section 286.011(1), Florida . . . Section 286.011 provides in part: (1) All meetings of any board or commission of any state agency or . . . that the investigations conducted by the Discharge of Firearms Review committee are ' subject to § 286.011 . . .
. . . . § 286.011, if a government meeting is properly noticed, there is no requirement that the governmental . . .
. . . judgment which determined that the board had committed a violation of the Florida Sunshine Law, section 286.011 . . . is agreed that the board complied with all other requirements of the Florida Sunshine Law, section 286.011 . . . distracting nor disruptive, was in conflict with the public policy of the state as interpreted under s. 286.011 . . .
. . . Florida’s Sunshine Law, section 286.011(1), Florida Statutes, provides that: All meetings of any board . . .
. . . legislature, the governor or the judiciary, it is clear that these commissions are not subject to Section 286.011 . . .
. . . Florida Statutes, to provide that a discussion or activity that is not a meeting for purposes of section 286.011 . . . new provision shall not be construed to constitute an exemption to either section 119.07 or section 286.011 . . .
. . . .” § 286.011(1), Fla. Stat. (1999). . . . Section 286.011(8), Florida Stat. (1999) provides, in pertinent part, (8) Notwithstanding the provisions . . . Section 286.011(8)(b) enables a governmental entity to meet privately with its attorneys to discuss pending . . . found that the discussions held in closed session did not go beyond the strict parameters of section 286.011 . . . Therefore, the closed session held on March 13, 2000 fell within the exemption of Section 286.011(8), . . .
. . . Brevard County School Board and others for alleged violations of Florida’s “Sunshine Law,” section 286.011 . . . Blackburn, and the members of the interview team seeking a declaration that the interviews violated section 286.011 . . . Thus Knox argues these interviews are governed by section 286.011 and must be open to the public. . . . Section 286.011 provides as follows: Public meetings and records; public inspection; criminal and civil . . .
. . . Section 286.011(4), Florida Statutes, requires the assessment of reasonable attorney’s fees against the . . .
. . . Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records . . .
. . . This meeting is in violation of Florida Statutes § 286.011. 3. . . . is precluded because Kendale is now seeking attorney’s fees at the trial court pursuant to section 286.011 . . .
. . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . improperly denied its request for an award of attorney fees made pursuant to sections 119.12(2) and 286.011 . . .
. . . .; § 286.011(1), Fla. Stat. (1999). . . . .” § 286.011(1), Fla. Stat. (1999); see also, e.g., Zorc v. . . .
. . . Lyon in the first count of his complaint alleges violated the sunshine law, as codified at Section 286.011 . . . Florida’s sunshine law, section 286.011, provides a right of access to governmental proceedings. . . . Section 286.011, in relevant part, states: (1) All meetings of any board or commission of any state agency . . . any state agency or authority of any county, municipal corporation, or political subdivision....” § 286.011 . . . July 11, 1996 meeting had to meet three prerequisites so as not to run afoul of the sunshine law. §§ 286.011 . . .
. . . this court concluded that closed-door meetings concerning Zorc’s airport property violated section 286.011 . . .
. . . The trial court found that the lease required IRMH, Inc. to comply with section 286.011(8), Florida Statutes . . . violated the Sunshine Law, “the court shall assess a reasonable attorney’s fee against such agency.” § 286.011 . . . is for each party to bear its own attorney’s fees because both parties are public entities, section 286.011 . . . remand this case for an award of reasonable attorney’s fees in the District’s favor pursuant to section 286.011 . . . attorney’s fees and remand for entry of attorney’s fees in the District’s favor pursuant to section 286.011 . . .
. . . .; § 286.011, Fla.Stat. . . .
. . . entered in favor of the City of Bradenton in her suit alleging a violation of the Sunshine Law, section 286.011 . . . See § 286.011(1), Fla. Stat. (1995). . . .
. . . Likewise, in section 286.011(1), Florida Statutes (1993), the Sunshine Law designates “any board or commission . . . In construing section 286.011 in City of Miami Beach v. . . . official acts by Marston that caused the search and screening committee in Wood to come within section 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . agreement does not expressly require the lessee to comply with the requirements of s. 119.07(1) and s. 286.011 . . . State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 . . . agreement does not expressly require the lessee to comply with the requirements of s. 119.07(1) and s. 286.011 . . .
. . . The defendants conceded that they were subject to section 286.011, Florida Statutes (1995), (Sunshine . . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . . OVERTON, Senior Justice, concurs in part and dissents in part with an opinion. . § 286.011, Fla. . . .
. . . The trial court held that the City was authorized to conduct such closed-door meetings under section 286.011 . . . Section 286.011(8), Florida Statutes (1995) provides as follows: (8) Notwithstanding the provisions of . . . Under the holding in Dunnellon, the City was in compliance with the section 286.011(8)(d), since the . . . Clearly, any conflict between the City Charter and section 286.011(8) is negated under Article VIII, . . . , the City must satisfy the conditions set forth in section 286.011(8). . . .
. . . Motion states, in its entirety: Plaintiff would refer this Honorable Court to Florida Statute Section 286.011 . . .
. . . plans for marketing its services, are discussed or reported on are exempt from the provisions of s. 286.011 . . . In § 286.011(8), Florida Statutes, the legislature provided an exemption which permits closed meetings . . . The court reporting procedure in § 286.011(8) is almost identical to the one involved in the present . . . case but the legislature was far more careful in § 286.011(8) in defining the scope and duration of the . . . Thus, in § 286.011, the legislature clearly defined a limited scope and a limited duration consistent . . .
. . . . § 286.011(8), Fla. Stat. (1995). . . . The Board and its attorney concluded that section 286.011(8) permitted meetings in private to discuss . . . address this type of desegregation order when it used the term “settlement negotiations” in section 286.011 . . . litigation is outside this permanent injunction, it still must comply with the procedures in section 286.011 . . .
. . . . § 286.011, Defendant argues summary judgment should be entered in its favor as to Count I because no . . . STAT. § 286.011. . . .
. . . Finding that the College violated section 286.011, Florida Statutes (1995), popularly known as the “Government . . . injunctions to enforce the purposes of this section upon application by any citizen of this state.” 286.011 . . . The legislative intent behind section 286.011 would be frustrated if the public’s champions are to be . . . As the purpose of actions pursuant to section 286.011(1),(2), Florida Statutes (1995) is not to secure . . . Section 286.011(1),(2), Florida Statutes (1995): "(1) All meetings of any board or commission of any . . . . § 286.011, Fla. Stat. (1995). . . . college, a bidder like Silver Express may then bring an action in circuit court pursuant to section 286.011 . . . Section 286.011 was adopted by the legislature out of respect for the common law rule recognized in Rickman . . .
. . . have crafted a rather cunning argument built around an alleged violation of the Sunshine Law, section 286.011 . . .
. . . These discussions are confidential and exempt from the provisions of s. 286.011. . . .
. . . Section 286.011(1), Florida Statutes (1993), the “Government in the Sunshine Law,” provides that All . . .
. . . (e) The transcript shall be made part of the public record upon conclusion of the litigation. § 286.011 . . . As explained in the analysis, the 1993 addition to section 286.011(8) permits any governmental agency . . . The City of Destín asked the attorney general to issue an opinion concerning whether section 286.011( . . . The attorney general answered this question in the negative, stating that section 286.011(8) did not . . . As previously observed, section 286.011(8) does not expressly refer to either staff or consultants. . . .
. . . Office and the lawyers from a specially retained out-of-town law firm violated the terms of section 286.011 . . .
. . . Rhea brought suit against the Board for an alleged violation of section 286.011, Florida Statutes (1991 . . . On remand to the trial court, Rhea filed a motion for appellate attorney’s fees pursuant to § 286.011 . . . We reject Rhea’s argument that the mandatory language in § 286.011(4)— “the court shall assess a reasonable . . . Section 286.011(4) does not supersede the appellate rules, nor does it authorize the trial court to make . . . Section 286.011(4) provides in pertinent part: Whenever an action has been filed against ... any agency . . .
. . . Enforcement of this agreement would also violate our Government in the Sunshine Law, section 286.011( . . . Section 286.011(8), Florida Statutes (1993). . . .
. . . dis-positive of the question of whether the Association is a public entity because chapter 119 and section 286.011 . . . Ch. 119, Fla.Stat. (1993). . §§ 119.14, 286.011, Fla.Stat. (1993). . . .
. . . See § 286.011, Fla.Stat. (1993). . . . members during the recess, we conclude from this record that such discussions did not violate section 286.011 . . .
. . . The trial court did not err in concluding that the meeting with counsel is permitted under section 286.011 . . . pending litigation to which the entity is presently a party before a court or administrative agency. § 286.011 . . . (8), Fla.Stat. (1993) We recognize that the sunshine láw, section 286.011, Florida Statutes, must be . . . We also note that section 286.011(8) applies to litigation to which the entity is “presently” a party . . .
. . . authority suggesting that a disciplinary investigation is a public meeting as described in section 286.011 . . .
. . . Partnership for Homeless, Inc., is not an agency or authority of Dade County for purposes of section 286.011 . . .
. . . The trial court found a violation of the Sunshine Law, seetion 286.011, Florida Statutes (1991), in the . . . statute and case law support the court’s ability to issue limited injunctive relief of this nature. § 286.011 . . .
. . . ), of the Florida Constitution, is virtually identical to that of the Sunshine Law statute, section 286.011 . . . Const.; § 286.011(1), Fla.Stat. (1993). . . . . § 286.011(1), Fla.Stat. (1993). . . . This appeal is based upon alleged violations of section 286.011, Florida Statutes (1993), commonly known . . . Section 286.011(1), Florida Statutes (1993), states that: All meetings of any board or commission of . . . The Sunshine Law penalizes members of governmental bodies who meet in secret. § 286.011(3), Fla.Stat. . . . meetings of such boards or commissions are to be promptly recorded and open to public inspection. § 286.011 . . . See § 286.011, Fla. Stat. (1993). . . . Id. § 286.011(1), (2). . . . That there was a violation of the Florida Open Meeting law, Florida Statute 286.011 on January 27, 1993 . . . The court reserves jurisdiction regarding attorneys fees and costs pursuant to F.S. 286.011. . . . See § 286.011(1), Fla.Stat. (1993); Town of Palm Beach v. Gradison, 296 So.2d at 476. . . .
. . . found that the Board’s workshop held in Orlando, Florida, on December 3,1991, did not violate section 286.011 . . . seeking injunctive and declaratory relief against the Board, alleging that the Board violated section 286.011 . . . Section 286.011(1) provides in relevant part: All meetings of any board ... at which' official acts are . . . Section 286.011 does not define the word “public.” . . .
. . . . § 286.011(1), Fla.Stat. (1989). . . .
. . . In that case, the issue was whether the Sunshine Law, section 286.011, Florida Statutes (1977), would . . .