GERARDO MOLINA, APPELLANT,
v.
THE CITY OF MIAMI, APPELLEE
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Gerardo Molina, father of a man killed by an off-duty Miami police officer, sought injunctive and declaratory relief under Florida's Government-in-the-Sunshine Law, arguing that the Discharge of Firearms Review Committee's meetings must be open to the public. The court affirmed the dismissal, holding that the committee is merely a staff fact-finding body not subject to sunshine law requirements.
The Discharge of Firearms Review Committee is not subject to the Government-in-the-Sunshine Law because it is merely a staff fact-finding and advisory body, not a board or commission within the meaning of section 286.011(1). Meetings of staff members serving in a fact-finding, advisory capacity to the chief are exempt from sunshine law requirements.
[1] Meetings of advisory groups are not subject to Florida's Sunshine Law when their sole function is fact-finding to assist an executive officer in the execution of their du…
[2] The Sunshine Law applies to meetings where a portion of decision-making authority has been delegated to an advisory group.
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Join FLexlaw to unlock all legal intelligence“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 statutory language of the Government-in-the-Sunshine Law that defines which meetings must be open to the public
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Join FLexlaw to unlock all legal intelligenceMolina's son was killed by an off-duty City of Miami police officer in December 1998. Molina filed a complaint seeking injunctive and declaratory reli…
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PER CURIAM.
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 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 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.
(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. We disagree.
The Discharge of Firearms Review Committee is a three-person panel made up of the deputy chiefs of the Administration, Field Operations, and Criminal Investigation divisions. The committee makes factual findings, which it then passes on to the chief. In short, the committee is nothing more than a meeting of staff members who serve in a fact-finding, advisory capacity to the chief. The Government-in-the-Sunshine Law is not applicable to meetings of staffers serving in this function. Knox v. District School Bd. of Brevard, 821 So. 2d 811, 314-15 (Fla. 5th DCA 2002); Lyon v. Lake County, 765 So. 2d 785, 789 (Fla. 5th DCA 2000).
Affirmed.
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Nat'l Council ON Comp. Ins. v. FEE, 219 So. 3d 172 (Fla. 1st DCA 2017)…ercise his duty to select a new police chief was not subject to the Sunshine Law because the committee had no decision-making authority). Instead, these meetings were held solely for the purpose of gathering information. See Molina v. City of Miami, 837 So. 2d 462, 463 (Fla. 3d DCA 2002) (“In short, the committee is nothing more than a meeting of staff members who serve in a fact-finding, advisory capacity to the chief. The Government-in-the-Sunshine Law is not applicable to meetings of staffers serving this…
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McDOUGALL v. Culver, 3 So. 3d 391 (Fla. 2d DCA 2009)…perintendent. Id. at 313. The Fifth District held, “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.” Id. at 315; see also Molina v. City of Miami, 837 So. 2d 462, 463 (Fla. 3d DCA 2002) (holding that meetings of the Discharge of Firearms Review Committee were not subject to Sunshine Law where committee makes factual findings and passes those findings on to chief of police). In the present case, the memorand…
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Reynaldo Goyos v. City OF Miami, 128 So. 3d 252 (Fla. 3d DCA 2013)…SUAREZ, J. Affirmed. See Molina v. City of Miami, 837 So. 2d 462 (Fla. 3d DCA 2002).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lyon v. Lake Cnty., 765 So. 2d 785 (Fla. 5th DCA 2000)