McDougall v. Culver

2 Citing cases

  1. Sarasota Citizens v. City of Sarasota

    48 So. 3d 755 (Fla. 2010)   Cited 23 times
    Holding that the dispositive question for whether the Sunshine Law applies to a committee subordinate to or selected by a traditional governmental authority is whether decision-making authority has been delegated to the committee

    Instead, these individuals were simply providing advice and information, which does not make the negotiations team a board or commission subject to the Sun-shine Law. 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.").

  2. Nat'l Council on Comp. Ins. v. Fee

    219 So. 3d 172 (Fla. Dist. Ct. App. 2017)   Cited 4 times
    Recognizing that the Legislature extended the scope of the Sunshine Law to apply to licensed insurance rating services under certain circumstances

    We review the trial court's factual findings to determine whether they are supported by competent, substantial evidence. McDougall v. Culver , 3 So.3d 391, 392 (Fla. 2d DCA 2009). But we review the trial court's interpretation of the law de novo. Liner v. Workers Temp. 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.").