The Florida Supreme Court declined to accept jurisdiction in a case against the Collier County School over whether the board cured a violation of the Sunshine Law. The Court’s decision means that the lower appellate court decision will stand.
Florida Citizens Alliance sued the School Board of Collier County for violating the Sunshine Law when it made a decision to select certain textbooks recommended by a textbook committee. Specifically, the group argued that the “Instructional Materials Review Committees” were subject to the Sunshine Law because the committees were delegated authority to review, rank, and recommend textbooks for use by the district.
The Second District Court of Appeal agreed that the committees were subject to the Sunshine Law, reasoning that the committees were delegated decision-making authority to review and evaluate textbooks. The Court explained that the committees’ evaluations and rankings of the textbooks helped to crystalize decisions made by the School Board. Accordingly, the committees meetings should have been noticed and open to the public.
In addition, the Court found that the Sunshine Law violations were not cured by meetings of the school board to accept the committees’ recommendations. While board members voted on the committees’ recommendations, the board did not have a full and open hearing on the committees’ decisions. The school board did not discuss the substance of the textbooks and approved all 36 recommended titles.
The school board sought review in the Florida Supreme Court, arguing that the Second DCA’s decision conflicts with Supreme Court cases on when Sunshine Law violations are “cured” by subsequent open hearings. However, the Supreme Court declined to take the case. Additionally, the Supreme Court ordered the school board to pay Florida Citizens Alliance, Inc.’s attorneys’ fees in the amount of $2,500.