Misconceptions about the Sunshine Law<\strong>
There are several misconceptions about Florida’s Sunshine Law that I would like to address in this third installment. One of the largest that I believe is slowly getting recognized and understood is the right to participate or comment in meetings falling under the requirements of Chapter 286, Florida Statutes.
Who and what does the Florida Sunshine Law cover?
Florida’s Sunshine Law promotes the state’s policy towards open government. In fact, it is required by Article I, Section 24 of the Florida Constitution. Does the open policy apply to every government entity in Florida, does it apply to all members of the government, its agencies, etc., and does it cover every type of meeting? The Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Section 286.011, Florida Statutes. Notice that the Sunshine Law applies to state, county, municipal or political subdivisions; it does not apply to federal agencies or federal entities of any type.
Is your agreement binding and enforceable?
One question that has to be answered in nearly every breach of contract case is was there a contract or was there an agreement? Although this sounds simple enough, and often times it is, there are several different types of agreements and in Florida, there are several ways to make an agreement, modify an agreement, or make a counter-offer and you may not even realize you have done it. Black’s Law Dictionary has several definitions for a contract, and lists numerous types of contracts, but the basic definition is “[a]n agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”
There are lots of different types of business entities. Each has its own strengths and weaknesses. I’ll begin with a primer on the types of business organizations from which you have to choose. In Florida, a “business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts […]
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