Florida sunshine lawsuits

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Deliberative Process Exemption

Here is a list of major FOIA court decisions and their effect on the Florida Sunshine Law.
(The cases are listed alphabetically. To order them by year please click the icon next to the Year heading)

" Year Precedent
Bundy v. State of Florida 1984
Florida Freedom Newspapers v. McCrary 1988 The release of pretrial discovery evidence to the public must be weighed against the defendants right to a free and fair trial. If the discovery material is overly incriminating so as to create a biased jury, the documents can be exempted by the courts from public records requests.
Lorenzo v. City of Venice 2008 This case established that communication performed through private emails by public officials concerning public business was in violation of the Florida Sunshine Law and the Florida Open Meetings Law.
McCarthy v. Town of Windermere 2010
Miami Herald Publishing Company v. Lewis 1982
News and Sun-Sentinel Company v. Schwab, Twitty, & Hanser Architecture Group 1992 This case established a number of criteria for determining if a private corporation is acting on behalf of a public agency.
Palm Beach Newspapers Inc. v. Burk 1987
Parsons & Whittemore, Inc. v. Metro. Dade County 1983 This case established a number of precedents:
  1. It affirmed the criteria listed in Schwartzman v. Merritt Island Volunteer Fire Dept., which established the definition of "acting on behalf of a public body"
  2. It affirmed the decision in Byron, Harless, Schaffer, Reid & Associates v. State ex rel. Schellenberg, which established that private corporations could be considered public bodies if they were critical to the decision making process of a public body.
Shevin v. Byron, Harless, Schaffer, Reid and Associates 1980
Times Publishing Co. v. Williams 1969
Vanette Webb v. School Board of Escambia County 2009 This case established the right of those who are being sued in violation of public records requests to petition the agency which they are representing for attorney fees.
Wait v. Florida Power & Light 1979

References