§1-F-3 | NONCRIMINAL INFRACTIONS
If a nonprofit corporation is subject to the Sunshine Law, its board of directors constitute “public officers” for purposes of s. 286.011(3)(a), F.S. AGO 98-21. See Goosby v. State, No. GF05-(001122-001130,001135)-BA (Fla. 10th Cir. Ct. December 22, 2006), available online in the Cases database at the open government site at MyFloridaLegal.com (members of the Polk County Opportunity Council, which had assumed and exercised a delegated governmental function, were “public officers” for purposes of the Sunshine Law and subject to the imposition of the noncriminal infraction fine). Compare, State v. Dorworth, No. 14-MM-5841 (Fla. Orange Co. Ct. October 21, 2014), affirmed, No. 14-AP-48 (Fla. 9th Cir. Ct. August 19, 2015), available online in the Cases database at the open government site at MyFloridaLegal.com, dismissing a misdemeanor charge against a lobbyist who was accused of violating the Sunshine Law by relaying information between board members and thereby aiding the members to meet without complying with the Sunshine Law. The trial judge determined that by charging the lobbyist, the state attorney “expanded the reach of the Sunshine Law to private citizens; and, the Legislature did not intend for the statute to apply to private citizens.”
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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