Case Involving Section 286.011 Florida Statutes

In Tolar v. School Bd. of Liberty County, 398 So. 2d 427, 428 (Fla. 1981), a school superintendent-elect met privately with school board members and discussed, among other things, the removal of Tolar as director of administration and abolition of his position. 398 So. 2d at 427. At a subsequent public meeting in which Tolar was present and "given full opportunity to express his views," the school board members voted to transfer Tolar to another position and abolish his position. Id. Tolar sued for injunctive relief, alleging a violation of section 286.011. Id. As this Court noted, "By the express terms of section 286.011, any resolution, rule, regulation, or formal action taken at these secret meetings would not be binding." Id. at 428. Yet this Court declined to invalidate the action taken by the school board. Id. Instead, this Court distinguished Tolar from its previous holding in Gradison, 296 So. 2d 473, where this Court held void formal action that "was merely the crystallization of secret decisions." Tolar, 398 So. 2d at 428.