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2016 Informal Opinions Op. Fla. Att'y Gen. 1 (2016)

handle is hein.sag/sagfl0099 and id is 1 raw text is: 



                     Florida Attorney General

                     Advisory Legal Opinion

Number: INFORMAL
Date: February 17, 2016
Subject: Shade Meetings -- Sunshine Law





Ms. Lynn M. Barrett
General Counsel
North Broward Hospital District
1800 Northwest 49th Street, Suite 110
Fort Lauderdale, Florida 33309

Dear Ms. Barrett:

As General Counsel for the North Broward Hospital District you have
asked for this office's assistance relating to shade meetings under
section 286.011(8), Florida Statutes. Attorney General Bondi has asked
me to respond to your letter.

After reviewing the information you have submitted, it does not appear
that this is an issue upon which this office may formally comment. In
situations involving the duties and responsibilities of a collegial
body such as the Broward Health board, it is the policy of this office
to require that an opinion request come from a majority of the members
of the board. [1] Your letter does not contain any information on the
position of the board on this request. However, in an effort to assist
you, I offer the following informal comments.

Section 286.011(8), Florida Statutes, provides that:

Notwithstanding the provisions of subsection (1), any board or
commission of any state agency or authority or any agency or authority
of any county, municipal corporation, or political subdivision, and
the chief administrative or executive officer of the governmental
entity, may meet in private with the entity's attorney to discuss
pending litigation to which the entity is presently a party before a
court or administrative agency, provided that the following conditions
are met:

(a) The entity's attorney shall advise the entity at a public meeting
that he or she desires advice concerning the litigation.

(b) The subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.

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