Commissioner Joe Carollo v. Platinum Advisors, LLC
A city commissioner who had previously served as a paid consultant to a developer was sued for breach of fiduciary duty, breach of contract, and trade secret misappropriation based on comments he made from the dais opposing the developer's project at a duly noticed commission meeting. The Third District held that the commissioner enjoyed both absolute legislative immunity and qualified immunity for that conduct, and that the complaint's conclusory allegations of bad faith and malicious purpose were insufficient to trigger the section 768.28(9)(a) waiver. The order denying the motion to dismiss was reversed with instructions to dismiss without prejudice.
Key facts
- City Commissioner Joe Carollo, who had previously served as a paid consultant to a developer, made comments from the dais at a duly noticed city commission meeting opposing the developer's project.
- Platinum Advisors, LLC sued Carollo in his individual capacity for breach of fiduciary duty, breach of contract, and trade secret misappropriation based solely on those dais comments.
- +2 more key facts with a free trial
Why it matters
This is a useful defense-side authority for public officials sued in their 'individual' capacity based on statements or votes at a public meeting: the court holds the labeling of a suit as individual-capacity does not… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.