NO DECISIONS, NO VOTES,, NO DISCUSSIONS NADA ZIP THE MEETIING NEVER HAPPENED FOR TWO REASONS,
1. NO NOTICE OF THE MEETING WAS MADE WHETHER ON THE NOTICE BOARDS OR ON THE TOWN WEB SITE.
HERE IS THE QUOTE OUT OF THE GOVERNMENT IN THE SUNSHINE MANUAL.
Special meetings should have no less than 24 and preferably at least 72 hours reasonable
notice to the public. See Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (three
days notice of special meeting deemed adequate).
2. NO WRITTEN MINUTES WERE TAKEN BY THE TOWN AND NO FORMAL MINUTES EXIST
HERE IS THE QUOTE OUT OF THE GOVVERNMENT IN THE SUNSHINE MANUAL.
However, while a board is authorized to tape record the proceedings if it chooses to do
so, the Sunshine Law also requires written minutes. AGO 75-45.
thus the meeting never happened.
Here is the quote out of the Government in the Sunshine Manual.
Section 286.011, F.S., provides that no resolution, rule, regulation or formal action shall be considered binding except as taken or made at an open meeting. Recognizing that the Sunshine Law should be construed so as to frustrate all evasive devices, the courts have held that action taken in violation of the law is void ab initio. Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). Accord Sarasota Citizens For Responsible Government v. City of Sarasota, 48 So. 3d 755, 762 (Fla. 2010), noting that “where officials have violated section 286.011, the official action is void ab initio.” See Silver Express Company
v. District Board of Lower Tribunal Trustees, 691 So. 2d 1099 (Fla. 3d DCA 1997) (selection committee rankings resulting from a meeting held in violation of the Sunshine Law are void ab initio and agency enjoined from entering into contract based on such rankings); TSI Southeast, Inc. v. Royals, 588 So. 2d 309 (Fla. 1st DCA 1991) (contract for sale and purchase of real property
voided because board failed to properly notice the meeting under s. 286.011, F.S.); Grapski v city of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010), review denied, 47 So. 3d 1288 (Fla. 2010) (by failing to open its minutes to public inspection and copying in a timely and reasonable manner, prejudice is presumed and therefore city’s approval of minutes is null and void ab initio);
and Brown v. Denton, 152 So. 3d 8 (Fla. 1st DCA 2014), review denied, No. SC14-2490 (Fla. February 24, 2016),
FOR THE LIFE OF ME I DON’T KNOW WHAT IS SO HARD WITH FOLLOWING THE LAW. NOTHING THAT HAPPENED SATURDAY AFTERNOOON LEGALLY HAPPENED. END OF STORY