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2018 Informal Opinions Op. Fla. Att'y Gen. 1 (2018)

handle is hein.sag/sagfl0102 and id is 1 raw text is: 


                          Florida  Attorney General
                          Advisory Legal Opinion

Number: INFORMAL
Date: July 2, 2018
Subject: Security systems, public records & meetings


Mr. Craig B. Sherman
Town Attorney
Mr. Frank C. Simone
Assistant Town Attorney
701 Brickell Avenue, Suite 1550
Miami, Florida 33131

Dear Mr. Sherman  and Mr. Simone:

We  are in receipt of your letter on behalf of the Town of Bay Harbor Islands requesting an
opinion regarding the application of the Florida Sunshine Laws to records and meetings
relating to security system plans for certain school facilities. Attorney General Pam Bondi
has asked me  to respond to your question.

As to whether particular records are exempt from disclosure, we direct you to the terms of
section 119.071(3)(a)1., Florida Statutes (2017), which we discuss further below. As to the
public meetings requirement, we are unable to offer our opinion, as it appears that the
eligibility for an exemption depends upon the particular facts the Town proposes to
discuss, thus constituting a mixed question of law and fact, which this office does not
resolve.[1]

The Town  of Bay Harbor Islands and the School Board of Miami-Dade County are parties
to a Joint Use Agreement (attached to the opinion request) that allows the School Board
to use certain Town property and the Town to use certain facilities of the Ruth K. Broad
Bay Harbor K-8 Center. The Town uses the school facilities for after-school activities,
summer  camps, and winter camps for school-aged children. The Joint Use Agreement
specifies the outdoor and indoor School Board facilities that the Town may use, the days
and hours of use permitted, and each party's security obligations. Simply stated, during
school hours, the School Board is required to provide the security of the outdoor and
school facilities. During non-school hours, the Town is required to provide the security of
the outdoor and school facilities.

You do not identify the general category of matters related to the security system that the
Town  proposes to discuss. You state only that the Town intends to discuss the Town's
security system plans for the School Facilities and that it is your opinion that under the
law,

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