OSCEOLA COUNTY, Fla. -- Osceola County was hit with a lawsuit last month, claiming meetings under the state of emergency declaration have violated Sunshine Law. A judge is taking action but a final decision is still up in the air.

On Thursday the commission changed the wording on their declaration. This comes after a hearing in which both sides presented evidence to a judge. During the hearing Judge Mike Murphy said, “There should be a record of a public meeting, where in fact still in the public and in the Sunshine there was a determination to waive the formalities under that statute correct?" And the counsel for the county held a long pause before answering. 

This is sparking concern for one commissioner. “I will always make sure that I defend the people’s voice,” said Osceola County commissioner Peggy Choudhry. 

The new language in the resolution cites Florida Statute 252.38(3)(a)(5). The county said that statute allows them to meet in private during an emergency.  

During an Osceola County commission meeting on Thursday, County Manager Don Fisher said, 

“We thought it would be prudent to be very specific in terms of the board giving authority to the EPG, that is the intention county commission... And as you know this is a matter of litigation.” 

The EPG or Executive Policy Group is the center of a lawsuit against the county. The lawsuit filed by Osceola County commissioner Josh Meyers claims the EPG meetings must be public due to the Sunshine Law. 

The EPG has made key decisions during COVID-19 like curfews and mandatory face masks. “Since we started this litigation there have been 17 meetings held in the dark,” Meyers said.

County Commissioner Choudhry shared reservations about the board’s decision to change the language in the emergency order as a judge reviews the case. “I am a little uncomfortable with that because the perception seems to be that the language may be changing only due to this court case,” Choudhry said during the county commission meeting. 

The judge, Friday, filed a preliminary order saying the county was not clear as to when and who waived the state laws that granted it permission to operate in the dark.  

Meyers said, “I have a judge that has basically said the EPG is a sunshine board under the Florida constitution and their meetings should have been open, records should have been kept and at the end of the day that is a win on my book.” 

We reached out to the attorney based out of Tampa, representing Osceola County and he said the county’s policy is not to comment on pending litigation.

“For this pandemic it’s not working as I would desire it to work and it’s obvious right? This is what the people are saying. So we need to make changes moving forward,” Choudhry added.