Florida Citizens' Alliance, Inc. v. School Board of Indian River County
Not yet reported (2024)
Rule of Law:
An advisory committee created by a government entity is subject to the Sunshine Law if it exercises delegated decision-making authority by 'winnowing' options or eliminating alternative choices for the final decision-maker. Conversely, a committee that conducts fact-finding and presents recommendations on all items for the final authority to review retains its advisory nature and is exempt from Sunshine Law requirements.
Facts:
- Pursuant to School Board policy, district directors formed a Textbook Committee to evaluate social studies instructional materials using a quantitative rubric.
- The Textbook Committee met on several occasions in late 2016 to review publisher presentations and analyze rubric scores without formal public notice or official minutes.
- The Textbook Committee selected specific textbooks to recommend for adoption and submitted only those chosen titles to the Superintendent, effectively excluding non-recommended materials from Board consideration.
- In 2021, following a protest regarding school library content, the School Board directed the Superintendent to review challenged books.
- A Library Committee, comprised of media specialists and staff, was convened to review 156 challenged books for pornography and literary merit.
- Unlike the Textbook Committee, the Library Committee submitted recommendations on all reviewed books to the Superintendent and School Board, categorizing them for removal, restriction, or retention, but not eliminating any title from final review.
- The School Board members subsequently voted on the Library Committee's recommendations after having the opportunity to review all challenged books personally.
Procedural Posture:
- Florida Citizens’ Alliance, Inc. (FLCA) filed a two-count complaint against the School Board of Indian River County in the Circuit Court for the Nineteenth Judicial Circuit alleging violations of the Sunshine Law.
- The Circuit Court entered a final order granting summary judgment in favor of the School Board on both the textbook and library book claims.
- FLCA appealed the Circuit Court's summary judgment order to the Fourth District Court of Appeal.
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Issue:
Are advisory committees formed by a School Board to review textbooks and library books subject to Florida's Sunshine Law requirements regarding public notice and minutes when they provide recommendations to the Superintendent?
Opinions:
Majority - Judge Kuntz
Yes, regarding the Textbook Committee, but No regarding the Library Committee. The Court affirmed in part and reversed in part based on the nature of the authority delegated to each group. The Court reasoned that the Textbook Committee was subject to the Sunshine Law because it exercised decision-making authority by 'winnowing' the options; it ranked and selected specific textbooks, effectively eliminating alternative choices for the School Board. Because the Board only voted on the recommended texts, the committee's work 'crystallized' the decision. Therefore, the failure to post notice and keep minutes violated the law, and the Board's subsequent perfunctory vote did not cure this violation. Conversely, the Court held the Library Committee was not subject to the Sunshine Law because it served a strictly fact-finding and advisory function. It did not filter the results; it presented recommendations on every single challenged book to the School Board. Since the Board retained full authority to review and decide on every book—and evidence showed members actually did independent research—no decision-making power was delegated.
Analysis:
This decision clarifies the 'winnowing' distinction in Florida's Sunshine Law jurisprudence. It draws a bright line between committees that act as gatekeepers and those that act as true advisors. If a committee filters information so that the final decision-maker only sees a curated list, that committee is effectively making decisions and must operate in the open. However, if a committee does the 'legwork' of reviewing materials but passes everything up the chain of command—merely attaching recommendations without removing options—it remains a staff function exempt from public meeting requirements. This distinction is crucial for school boards and local governments in structuring advisory bodies.
