See, e.g., McDougall v. Culver, 3 So.3d 391, 393 (Fla. 2d DCA 2009) ("[T]he senior officials provided only a recommendation to the Sheriff but they did not deliberate with him nor did they have decision-making authority. Therefore, we conclude that the use of the memoranda did not violate the Sunshine Law."); Jordan v. Jenne, 938 So.2d 526, 530 (Fla. 4th DCA 2006) ("Because the [group] 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 [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."). Citizens argue that the statutes regarding economic development agencies should alter this analysis.
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 present case is similar to Jordan v. Jenne, 938 So.2d 526, 527-28 (Fla. 4th DCA 2006), in which a group was responsible for reviewing investigative reports involving deputies with the Broward County Sheriff's Office and making a recommendation. After such recommendations were made, the deputy was then entitled to a pre-disciplinary conference where the deputy could present evidence.