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Florida Statute 69.081 | Lawyer Caselaw & Research
F.S. 69.081 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 69.081

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 69
MISCELLANEOUS PROCEDURAL MATTERS
View Entire Chapter
F.S. 69.081
69.081 Sunshine in litigation; concealment of public hazards prohibited.
(1) This section may be cited as the “Sunshine in Litigation Act.”
(2) As used in this section, “public hazard” means an instrumentality, including but not limited to any device, instrument, person, procedure, product, or a condition of a device, instrument, person, procedure or product, that has caused and is likely to cause injury.
(3) Except pursuant to this section, no court shall enter an order or judgment which has the purpose or effect of concealing a public hazard or any information concerning a public hazard, nor shall the court enter an order or judgment which has the purpose or effect of concealing any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard.
(4) Any portion of an agreement or contract which has the purpose or effect of concealing a public hazard, any information concerning a public hazard, or any information which may be useful to members of the public in protecting themselves from injury which may result from the public hazard, is void, contrary to public policy, and may not be enforced.
(5) Trade secrets as defined in s. 688.002 which are not pertinent to public hazards shall be protected pursuant to chapter 688.
(6) Any substantially affected person, including but not limited to representatives of news media, has standing to contest an order, judgment, agreement, or contract that violates this section. A person may contest an order, judgment, agreement, or contract that violates this section by motion in the court that entered the order or judgment, or by bringing a declaratory judgment action pursuant to chapter 86.
(7) Upon motion and good cause shown by a party attempting to prevent disclosure of information or materials which have not previously been disclosed, including but not limited to alleged trade secrets, the court shall examine the disputed information or materials in camera. If the court finds that the information or materials or portions thereof consist of information concerning a public hazard or information which may be useful to members of the public in protecting themselves from injury which may result from a public hazard, the court shall allow disclosure of the information or materials. If allowing disclosure, the court shall allow disclosure of only that portion of the information or materials necessary or useful to the public regarding the public hazard.
(8)(a) Any portion of an agreement or contract which has the purpose or effect of concealing information relating to the settlement or resolution of any claim or action against the state, its agencies, or subdivisions or against any municipality or constitutionally created body or commission is void, contrary to public policy, and may not be enforced. Any person has standing to contest an order, judgment, agreement, or contract that violates this section. A person may contest an order, judgment, agreement, or contract that violates this subsection by motion in the court that entered such order or judgment, or by bringing a declaratory judgment action pursuant to chapter 86.
(b) Any person having custody of any document, record, contract, or agreement relating to any settlement as set forth in this section shall maintain said public records in compliance with chapter 119.
(c) Failure of any custodian to disclose and provide any document, record, contract, or agreement as set forth in this section shall be subject to the sanctions as set forth in chapter 119.

This subsection does not apply to trade secrets protected pursuant to chapter 688, proprietary confidential business information, or other information that is confidential under state or federal law.

(9) A governmental entity, except a municipality or county, that settles a claim in tort which requires the expenditure of public funds in excess of $5,000, shall provide notice, in accordance with the provisions of chapter 50, of such settlement, in the county in which the claim arose, within 60 days of entering into such settlement; provided that no notice shall be required if the settlement has been approved by a court of competent jurisdiction.
History.s. 1, ch. 90-20; s. 1, ch. 91-85; s. 1, ch. 96-349.

F.S. 69.081 on Google Scholar

F.S. 69.081 on Casetext

Amendments to 69.081


Arrestable Offenses / Crimes under Fla. Stat. 69.081
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 69.081.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FORD MOTOR COMPANY, v. HALL- EDWARDS,, 21 So. 3d 99 (Fla. Dist. Ct. App. 2009)

. . . quashing an interlocutory circuit court “Order Determining Public Hazard Pursuant to Florida Statute § 69.081 . . . The respondent filed a “Notice of Public Hazard Pursuant to § 69.081 and Motion to Prevent the Court . . . Analysis First, Florida’s Sunshine in Litigation Act, § 69.081, Fla. . . . See id. § 69.081(3); Goodyear Tire & Rubber Co. v. Jones, 929 So.2d 1081, 1084 (Fla. 3d DCA 2005). . . . The respondent’s motion under section 69.081 should have been summarily denied. . . .

CORDIS CORPORATION d b a v. O SHEA,, 988 So. 2d 1163 (Fla. Dist. Ct. App. 2008)

. . . Respondent has not invoked application of the Sunshine in Litigation Act, section 69.081, Florida Statutes . . . confidential business information and other information confidential under state or federal law, § 69.081 . . .

BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, v. GARCIA, TRW TRW U. S. LLC, TRW v. a v. LLC, v. a a a, 991 So. 2d 912 (Fla. Dist. Ct. App. 2008)

. . . Two of the cases pleaded claims under section 69.081, Florida Statutes, commonly known as Florida’s Sunshine . . .

GOODYEAR TIRE RUBBER COMPANY, v. H. SCHALMO, J. a R. V. a a a, 987 So. 2d 142 (Fla. Dist. Ct. App. 2008)

. . . .” § 69.081(3), Fla. Stat. (2005). . . . . § 69.081(2). . . . members of the public in protecting themselves from injury which may result from a public hazard.” § 69.081 . . . tires and the information sought by the Schalmos and McClintocks fell 'within the purview of sections 69.081 . . . See § 69.081(7). . . .

TRW AUTOMOTIVE U. S. LLC, TRW n k a TRW a TRW f k a TRW a v. PAPANDOPOLES, v. LLC, v. LLC, v. Jr. a a v. Jr. a, 949 So. 2d 297 (Fla. Dist. Ct. App. 2007)

. . . declaratory relief against Ford for violation of Florida’s Sunshine in Litigation Act, codified at section 69.081 . . .

GOODYEAR TIRE RUBBER COMPANY, v. JONES, 929 So. 2d 1081 (Fla. Dist. Ct. App. 2005)

. . . .’ § 69.081(3), Fla. Stat. (2004). . . . . § 69.081(5), Fla. Stat. (2004). . . . portion of the information or materials necessary or useful to the public regarding the public hazard. § 69.081 . . . Sunshine in Litigation Act prohibits a court from entering an order which conceals a public hazard. § 69.081 . . . See § 69.081(3), Fla. Stat. (2004). . . .

JONES v. GOODYEAR TIRE RUBBER COMPANY,, 871 So. 2d 899 (Fla. Dist. Ct. App. 2003)

. . . Jones argues that this order should be vacated as it is violative of section 69.081(3), Florida Statutes . . . members of the public in protecting themselves from injury which may result from the public hazard. § 69.081 . . . device, instrument, person, procedure or product, that has caused and is likely to cause injury. § 69.081 . . . Thus, pursuant to section 69.081(2), no order can be entered which would conceal information regarding . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. SOSNOWSKI,, 830 So. 2d 886 (Fla. Dist. Ct. App. 2002)

. . . argued that the protective order was void under the Sunshine in Litigation Act, specifically section 69.081 . . . Financial practices that constitute economic fraud are not a “public hazard” under section 69.081(3), . . . DCA 2000), rev. dismissed, 790 So.2d 1108 (Fla.2001), the term “public hazard” as defined in section 69.081 . . . Section 69.081(2) defines "public hazard" as "an instrumentality, including but not limited to any device . . .

NOVARTIS PHARMACEUTICALS CORPORATION f k a a v. CARNOTO, M. D. M. D. P. A. s OB GYN M. D., 798 So. 2d 22 (Fla. Dist. Ct. App. 2001)

. . . court referred issues pertaining to the Sunshine in Litigation Act [Sunshine Act], specifically Section 69.081 . . .

STIVERS, v. FORD MOTOR CREDIT COMPANY,, 777 So. 2d 1023 (Fla. Dist. Ct. App. 2000)

. . . financing practice that causes only monetary injury is a public hazard within the meaning of section 69.081 . . . We hold that such a practice is not a “public hazard” within the meaning of section 69.081(2) and affirm . . . Ultimately, the trial court granted FMCC’s motion for summary judgment, ruling that section 69.081 did . . . Stivers contends that the settlement agreement is unenforceable under section 69.081(4), which provides . . . None of the cases citing section 69.081 are helpful here. . . .

J. SMITH, v. TIB BANK OF THE KEYS,, 687 So. 2d 895 (Fla. Dist. Ct. App. 1997)

. . . In resolving the instant controversy, we do not construe in any way section 69.081, Florida Statutes . . .

GENERAL MOTORS CORPORATION, v. DICKERSON,, 654 So. 2d 1036 (Fla. Dist. Ct. App. 1995)

. . . There was some argument initially in the trial court as to whether section 69.081, Florida Statutes, . . .

E. I. DuPONT DE NEMOURS COMPANY, v. W. LAMBERT P. a, 654 So. 2d 226 (Fla. Dist. Ct. App. 1995)

. . . Ledger (Ledger), filed motions pursuant to the Sunshine in Litigation Act (Sunshine Act),' section 69.081 . . . Based upon allegations that Ben-late was a public hazard pursuant to section 69.081, the motions sought . . .

INC. v. ASKEW, Sr., 597 So. 2d 895 (Fla. Dist. Ct. App. 1992)

. . . Respondents also brought the attention of the lower tribunal to section 69.081, Florida Statutes (Supp . . .

ARLINGTON TRUST COMPANY, INCORPORATED, ASSIGNEE OF LEYDE LEYDE, A PARTNERSHIP v. THE UNITED STATES GLEN W. LEYDE v. THE UNITED STATES BERKELEY STEEL CONSTRUCTION COMPANY, THIRD PARTY DEFENDANT, 134 Ct. Cl. 251 (Ct. Cl. 1956)

. . . allo-cable to the aforementioned terminated prime contracts (prorated between the two claims on'the basis of 69.081 . . .