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Q: florida law ( Answered,   1 Comment )
Subject: florida law
Category: Miscellaneous
Asked by: redbird0614-ga
List Price: $5.00
Posted: 25 Jul 2004 11:38 PDT
Expires: 24 Aug 2004 11:38 PDT
Question ID: 378840
does the florida sunshine law pertain to private clubs i.e. the american legion.
Subject: Re: florida law
Answered By: juggler-ga on 25 Jul 2004 12:25 PDT

First of all, I must note that Google Answers provides general
information, not professional legal advice.  The information below is
not intended as, and should not be relied upon, as legal advice. If
you need legal advice, you should contact a qualified attorney in your


Generally speaking, Florida's Sunshine Law does NOT apply to private clubs.  

However, if the private organization has been delegated a "public
purpose," then the Sunshine Law would apply.  Examples of this include
private organizations that run public golf courses and hospitals.
Another example would be the board of directors of a volunteer fire
department that provides firefighting services to the county paid for
by the county.


"3.         Are private organizations providing services to public
agencies subject to the Sunshine Law?

 This office has recognized that private organizations which are not
state or local governmental agencies or subject to the control of the
Legislature and which do not serve in an advisory capacity to state or
local governmental agencies, are generally not subject to section
286.011, Florida Statutes.  Op. Att'y Gen. Fla. 83-1 (1983)...
However, although private organizations are generally not subject to
the Sunshine Law, open meetings requirements can apply if the public
entity has delegated "the performance of its public purpose" to the
private entity.  Memorial Hospital-West Volusia, Inc v. News-Journal
Corporation, 729 So. 2d 373, 383  (Fla.  1999). In Memorial, the
Supreme Court held that a private nonprofit corporation which entered
into a lease with a public hospital authority to operate a hospital
was subject to the open meetings requirements found in the Sunshine
Law and those contained in article I, section 24(b) of the Florida

From the web site of Martin County, Florida:

"Although private entities are normally excluded from the Sunshine Law
and Public Records Act, if a governmental board delegates authority to
a private entity to act on the board's behalf to undertake a function
normally performed by the board, the private entity may be subject to
the Sunshine Law and Public Records Act. For example, the Martin
County Golf and County Club, which operates the County's golf course
facilities, was determined by the Attorney General's Office to be
subject to the Sunshine Law and Public Records Act. If the authority
delegated includes decision-making, advising or making
recommendations, the private entity is required to comply with the
Sunshine Law and Public Records Act."


search strategy:
florida "sunshine law applies" private
sunshine  286.011 "private organizations"

I hope this helps.
Subject: Re: florida law
From: nautico-ga on 25 Jul 2004 13:23 PDT
I've been a Floridian for the last fourteen years and have been
somewhat surprised by all the media attention to our sunshine laws. I
can't remember reading of similar laws in other states.

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