During the 1993 legislative session, subsection (8) was added to section 286.011, Florida Statutes, to provide: Section 286.011(1), Florida Statutes, makes all meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, at which official acts are to be taken, open to the public at all times. The city may release a copy of the transcript without fear that the plaintiff will use the information in order to gain an advantage in a future suit based upon the same claims. Thus, the plaintiff could request a copy of the transcript of the strategy or settlement meeting held pursuant to section 286.011(8), Florida Statutes. Under the above factual situation, the dismissal of the suits by the plaintiff who has previously taken a voluntary dismissal in actions based on the same claims operates as an adjudication of the merits and bars further action. This would place the authority at a disadvantage in the subsequent suits. ![]() ![]() The members of the authority are concerned that the plaintiff will dismiss his suits, allege that the litigation is concluded, request a copy of the transcript of the strategy meeting and then refile the lawsuits. The prior suits were voluntarily dismissed after a year or two of litigation. The plaintiff in the pending suits has previously filed lawsuits against the authority alleging many of the same claims contained in the present suits. This question arises in light of three pending lawsuits against the authority in which a member of the authority has expressed the desire to hold a meeting under section 286.011(8), Florida Statutes, to discuss settlement of one or more of the suits. The statute, however, allows access to the record of such meeting when the litigation is concluded. Section 286.011(8), Florida Statutes, makes confidential a strategy or settlement meeting between a board and its attorney when the board is a party before a court or administrative agency. It would appear inconsistent with the intent of section 286.011(8), Florida Statutes, to allow a plaintiff access to the record of a strategy or settlement meeting of a defendant public body in order to gain an advantage in anticipation of further litigation. On behalf of the Gainesville-Alachua County Regional Airport Authority, you ask substantially the following question:ĭoes a voluntary dismissal operate to conclude litigation for purposes of section 286.011(8), Florida Statutes, allowing a plaintiff to voluntarily dismiss a suit, request the record of the strategy or settlement meeting and use the information to refile the lawsuit? RE: PUBLIC MEETINGS-GOVERNMENT IN THE SUNSHINE-MUNICIPALITIES-COUNTIES-CIVIL PROCEDURE-voluntary dismissal by plaintiff in order to gain access to record of strategy or settlement meeting between public entity and its attorney subverts purpose of s.
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