Court Affirms: Public Meetings Open to Public but Not for Speaking

By: Leonard J. Dietzen, III


Community Maritime Park Associates, Inc. (“CMPA”) is a not-for-profit corporation charged by the City of Pensacola with overseeing the development of a parcel of waterfront property. As an organization that was delegated at least one of the city’s public functions, it was undisputed that the CMPA was subject to the requirements of Florida’s Sunshine law. 
While the CMPA permitted members of the public to attend their meetings, it did not provide a public forum for these members of the public to provide input. In November 2008, two citizens of the City of Pensacola filed a lawsuit in the Escambia County Circuit Court requesting that the Court declare the decisions made by the CMPA void and mandate the CMPA to permit citizens to be heard and participate in decision-making at future CMPA meetings.
Pursuant to section 286.011(1), Florida Statutes, “[a]ll meetings of … any agency or authority of any county, … at which official acts are to be taken are declared to be public meetings open to the public at all times…”   
It is appropriate for local public officials to include in their meeting procedures opportunities for members of the public to be heard and to participate in the decision-making process. However, there is no legal requirement for public participation under Florida’s Sunshine law.
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