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2001 Opinions

Date:   April 12, 2001
Prepared By:   James A. Robinson
Phone:   (850) 488-7707
Suncom:   278-7707
Opinion No.:   01-09
Staff Contact:   Diane McCain
MEMORANDUM OPINION
TO: Robert J. Sniffen, Esquire
FROM: James A. Robinson, General Counsel
SUBJECT: Charter School Issue
RE: E-mail dated April 12, 2001

QUESTION PRESENTED: Whether developmental research Charter Schools are "agencies" for purposes of the meeting notice requirement of Chapter 120, Florida Statutes.

CONCLUSION: Assuming that such Charter Schools are "educational units" as defined by Chapter 120 (and thus a covered "agency" for purposes of the notice requirement), Section 120.81(1), Florida Statutes (2000), provides an exemption from the requirement to publish notice of meetings in the Florida Administrative Weekly.

DISCUSSION: Charter Schools are probably exempt from having to publish meeting/workshop notices in the Florida Administrative Weekly. Assuming that such Charter Schools are "educational units" as defined by Chapter 120 (and thus a covered "agency" for purposes of the notice requirement), Section 120.81(1), Florida Statutes (2000), specifically exempts educational units from having to publish notice of meetings in the Florida Administrative Weekly. Subsection (d) states that educational units may publish notice "in a newspaper of general circulation in the affected area," and need not publish notices in the Florida Administrative Weekly.

JAR

General Counsel Home Page2001 Opinions