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Item R2County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: R.2 Agenda Item Summary #2767 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292 -4443 N/A AGENDA ITEM WORDING: Approval to support HB 1295, a local bill that will enable Monroe County Board of County Commissioners (and the School Board of Monroe County, and any political subdivision of Monroe County) to conduct public meetings, hearings, and workshops by means of communications media technology, where no final action is taken at such meeting, and pursuant to the board adopting its own rules by ordinance, authorizing the use of communications media technology. ITEM BACKGROUND: Given the County's geography and the requirement for citizen's that participate on the BOCC's many advisory boards to travel long distances to attend meetings in person, the BOCC has requested that staff and its lobbying team pursue legislation that would authorize the County to conduct its advisory boards and committees by communication media technology. HB 1295, attached in the backup, accomplishes this. However, because the bill is more expansive than what was recommended by the BOCC, staff is seeking approval from the Board. The BOCC expressed its intention to have such legislation be limited only to advisory boards; this bill authorizes the use of telecommunications for all public meetings, hearings and workshops, inclusive of County Commission meetings. However: 1. The bill does not limit its use to only those meetings, hearings and workshops where no final action is taken (this would prelude regularly scheduled monthly Commission meetings where final actions are not taken); and, 2. The BOCC would be required to adopt an ordinance to implement the legislation, and would have the authority to restrict its application to advisory board meetings only in its ordinance. PREVIOUS RELEVANT BOCC ACTION: 2017 and 2016 Monroe County Legislative Agendas have directed staff to pursue legislation authorizing Monroe County BOCC to conduct meetings of various advisory boards and committees via telecommunications. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: AIS for 2017 telecommunications bill HB 1295 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Bob Shillinger Completed 03/07/2017 4:22 PM Kathy Peters Completed 03/07/2017 4:26 PM Board of County Commissioners Pending 03/15/2017 9:00 AM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 15, 2017 Division: County Administrator Bulk Item: Yes X No Staff Contact Person /Phone #: Lisa Tennvson x4444 AGENDA ITEM WORDING: Approval to support HB 1295, a local bill that will enable Monroe County Board of County Commissioners (and the School Board of Monroe County, and any political subdivision of Monroe County) to conduct public meetings, hearings, and workshops by means of communications media technology, where no final action is taken at such meeting, and pursuant to the board adopting its own rules by ordinance, authorizing the use of communications media technology. ITEM BACKGROUND: Given the County's geography and the requirement for citizens that participate on the BOCC's many advisory boards to travel long distances to attend meetings in person, the BOCC has requested that staff and its lobbying team pursue legislation that would authorize the County to conduct its advisory boards and committees by communications media technology. HB 1295, attached in the backup, accomplishes this. However, because the bill is more expansive than was recommended by the BOCC, staff is seeking approval from the Board. The BOCC expressed its intention to have such legislation be limited only to advisory boards; this bill authorizes the use of telecommunications for all public meetings, hearings and workshops, inclusive of County Commission meetings. However: 1) The bill does limit its use to only to those meetings, hearings and workshops where no final action is taken (this would preclude regularly scheduled monthly Commission meetings where final actions are taken, but would not preclude meetings of the BOCC such as workshops where final actions are not taken); and, 2) The BOCC would be required to adopt an ordinance to implement the legislation, and would have the authority to restrict its application to advisory board meetings only in its ordinance. PREVIOUS RELEVANT BOCC ACTION: 2017 and 2016 Monroe County Legislative Agendas have directed staff to pursue legislation authorizing Monroe County BOCC to conduct meetings of its various advisory boards and committees via telecommunications. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS: Approval TOTAL COST: NA INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included XX Not Required a, DISPOSITION: AGENDA ITEM # R.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V HB 1295 2017 1 A bill to be entitled 2 An act relating to Monroe County; providing 3 definitions; providing an exception to general law; 4 authorizing the School Board of Monroe County or the 5 Board of County Commissioners of Monroe County, or any 6 political subdivision thereof, to conduct public 7 meetings, hearings, and workshops by means of 8 communications media technology; authorizing the 9 adoption of rules; providing for notices of public 10 meetings, hearings, and workshops conducted by means 11 of communications media technology; providing 12 applicability and construction; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. (1) As used in this act, the term 18 "communications media technology" has the same meaning as 19 provided in s. 120.54(5)(b)2., Florida Statutes. 20 (2) Notwithstanding s. 286.011, Florida Statutes, the 21 School Board of Monroe County or the Board of County 22 Commissioners of Monroe County, or any political subdivision 23 thereof, may authorize public meetings, hearings, and workshops 24 to be conducted by means of communications media technology if 25 the board adopts uniform rules authorizing the use of Page 1 of 3 CODING: Words i * ef= are deletions; words underlined are additions. hb1295 -00 a, a R.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V HB 1295 2017 26 communications media technology and no final action is taken at 27 such meeting. The rules must provide procedures for conducting 28 public meetings, hearings, and workshops, and for taking 29 evidence, testimony, and argument at such public meetings, 30 hearings, and workshops, in person and by means of 31 communications media technology. The rules must provide that all 32 evidence, testimony, and argument presented shall be afforded 33 equal consideration, regardless of the method of communication. 34 (3) If a public meeting, hearing, or workshop is to be 35 conducted by means of communications media technology, or if 36 attendance may be provided by such means, the notice shall so 37 state. The notice for public meetings, hearings, and workshops 38 using communications media technology shall state how persons 39 interested in attending may do so and shall name locations, if 40 any, where communications media technology facilities will be 41 available. 42 (4) This act does not limit a person's right to inspect 43 public records under chapter 119, Florida Statutes. Limiting 44 points of access to public meetings, hearings, and workshops 45 subject to s. 286.011, Florida Statutes, to places not normally 46 open to the public is presumed to violate the right of access of 47 the public, and any official action taken under such 48 circumstances is void. Other laws relating to public meetings, 49 hearings, and workshops, including penal and remedial 50 provisions, apply to public meetings, hearings, and workshops Page 2 of 3 CODING: Words i * ef= are deletions; words underlined are additions. hb1295 -00 a, a R.2.b F L O R I D A H O U S E O F R E P R E S E N T A T I V 51 52 53 54 HB 1295 2017 conducted by means of communications media technology, and shall be liberally construed in their application to such public meetings, hearings, and workshops. Section 2. This act shall take effect upon becoming a law. a, a Page 3 of 3 CODING: Words i * ef= are deletions; words underlined are additions. hb1295 -00