§1-C-6 | FACT-FINDING OR INSPECTION TRIPS
The “fact-finding exception” to the Sunshine Law, however, does not apply to a board with “ultimate decision-making authority.” See Finch v. Seminole County School Board, 995 So. 2d 1068 (Fla. 5th DCA 2008), holding that a district school board, as the ultimate decision-making body, violated the Sunshine Law when the board, together with school officials and members of the media, took a bus tour of neighborhoods affected by the board’s proposed rezoning even though board members were separated from each other on the bus, did not express any opinions or their preference for any of the rezoning plans, and did not vote during the trip. See also Citizens for Sunshine, Inc. v. School Board of Martin County, 125 So. 3d 184 (Fla. 4th DCA 2013) (three school board members violated the Sunshine Law when they visited an adult education school and talked with a school administrator, teachers, and students, because the “undisputed evidence showed that the defendant board members, without providing notice, conducted a meeting at the adult education school relating to matters on which foreseeable action would have been taken.”). Cf. Citizens for Sunshine v. City of Sarasota, No. 2013 CA 007532 (Fla. 12th Cir. Ct. July 8, 2016), aff’d sub nom. Citizens for Sunshine, Inc. v. Chapman, 225 So. 3d 810 (Fla. 2d DCA 2017), available online in the Cases database at the open government site at MyFloridaLegal.com, in which the trial judge held that a city commissioner did not violate the Sunshine Law when she spoke about city commission issues at a private event organized by local merchants even though another commissioner was in the audience.
Use these in conjunction with the Guide for Filing Criminal Charges against an Agency/Officer that Violates Public Records Law.
As always, please get the justice you deserve.
Sincerely,
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