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Item M3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2014 Division: Commissioner Carruthers Bulk Item: Yes No XX Staff Contact: Commissioner Carruthers 292-3430 AGENDA ITEM WORDING: Approval of a resolution supporting legislation that would authorize members of local government advisory committees to use communications media technology to attend committee meetings. ITEM BACKGROUND: Florida law allows state and certain regional agencies to hold meetings using "communications media technology" such as videoconferencing and teleconferencing, provided certain procedures are adopted; however, local government advisory committees are not afforded that same opportunity. Given the geographic diversity of the Florida Keys, as well as the travel challenges faced by members of County advisory committees, allowing members to participate in advisory committee meetings using communications media technology would serve several public purposes including: encouraging greater participation by citizens through the County, reducing travel time and costs associated with attendance at such meetings, reducing traffic on US 1 and greenhouse gas emissions. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A COST TO COUNTY: INDIRECT COST: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH APPROVED BY: County Attr"'— OMB/Purchasing Risk Management _ DOCUMENTATION: DISPOSITION: Revised 1/09 Included X Not Required AGENDA ITEM # Year Commissioner Carruthers RESOLUTION NO. - 2014 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPORTING LEGISLATION THAT WOULD AUTHORIZE ATTENDANCE BY MEMBERS OF LOCAL GOVERNMENT ADVISORY COMMITTEES TO MEET VIA COMMUNICATIONS MEDIA TECHNOLOGY SUCH AS VIDEO CONFERENCING AND/OR TELECONFERENCING. WHEREAS, the populated portion of Monroe County, Florida stretches approximately 120 miles throughout the Florida Keys; and WHEREAS, the only road running throughout the Keys is U.S. 1, which has only one lane of traffic in each direction at many points and which is subject to closure during traffic accidents; and WHEREAS, there are geographical and cultural differences among the many communities that compromise the Florida Keys; and WHEREAS, the Monroe County Commission has created over twenty (20) advisory committees each with its own area of expertise and jurisdiction; and WHEREAS, the Monroe County Commission benefits by having citizens from all areas of the Florida Keys participate as members of those advisory committees; and WHEREAS, due to the geography of Monroe County, participation on advisory committees can pose unnecessary hardship and expenses on panel members who are required to travel great distances on U.S. 1; and WHEREAS, citizens appointed to County advisory committees would benefit from the use of communications media technology by not having to drive great distances to participate in advisory committee meetings; and WHEREAS, allowing members of local government advisory committees to attend committee meetings via the use of communications media technology would encourage more small business owners and other time constrained citizens to participate on County advisory committees by eliminating the bulk of the time spent traveling to and from such committee meetings; and WHEREAS, the use of communications media technology for advisory committee meetings would represent a positive step towards reducing unnecessary carbon emissions as well as reducing the expenditure of local tax dollars; and WHEREAS, Florida law 1 authorizes the use of communications media technology for certain purposes involving state agencies and some regional entities, however, it does not 1 See, e.g., F.S. 120.54(5)(b) (state agency rulemaking hearings); F.S. 163.01(18) (entities with member public agencies based in at least five counties); F.S. 349.04(8) (Jacksonville Transportation Authority); F.S. 373.079(7) (Water Management Districts); F.S. 374.983(3) (Florida Inland Navigation District); F.S. 553.75(3) (Florida Building Commission); and F.A.C. 28-109.004 (Rules for conducting proceedings by Communications Media Technology); Page 1 of 2 Res communications media technology (Carruthers) BOCC 9/17/14 (KP) Commissioner Carruthers currently allow local governments and their advisory committees to use communications media technology except in exceptional circumstances; and WHEREAS, the State of Florida's use of communications media technology has demonstrated that meetings via communications media technology, such as teleconferencing and videoconferencing, can be a cost effective way of conducting public meetings while still allowing for citizen participation in, and observation of, the conduct of the people's business; and WHEREAS, attendance at meetings via communications media technology is a well - established practice in today's world including the business community and in government; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: 1. The Florida Legislature is urged to enact legislation that explicitly authorizes members of local government advisory committees to attend such meetings via communications media technology such as teleconferencing and/or videoconferencing. A sample of such proposed legislation is attached hereto as Exhibit A and incorporated into this Resolution. 2. The Clerk is directed to send copies of this resolution to Governor Rick Scott, Senator Dwight Bullard and Representative Holly Raschein. . 3. Monroe County staff is hereby authorized to include such legislation in the County's 2015 legislative priorities and to advocate for adoption of such legislation on behalf of the County. PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at a regular meeting of said Board held on the 17`h of September, 2014. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner George Neugent Commissioner Heather Carruthers Commissioner David Rice (Seal) ATTEST: AMY HEAVILIN, CLERK By: Deputy Clerk Res communications media technology (Carruthers) BOCC 9/17/14 (KP) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman MONROE COUNTY ATTORNEY p TO FO . Page 2 of 2 ?OSEIRT .. SHILUNOER, JR. DCQfJ v A Proposed Legislation Communications Media Technology (1) Definitions: As used in this section, the following terms as defined as stated: a. "Communications media technology' shall have the same meaning as that term does in F.S. 120.54(5)(b); b. "Local Advisory Committee" shall mean a committee created by statute or by local ordinance or resolution which shall provide advice and recommendations to the governing body of a county or municipality. (2) The governing body of a county or municipality is authorized to allow members of a local advisory committee to meet via use of communications media technology if that local governing body creates uniform rules allowing the use of communications media technology by local advisory committees provided that such rules provide procedures for conducting public meetings, hearings, and workshops, and for taking evidence, testimony, and argument at such public meetings, hearings, and workshops, in person and by means of communications media technology. The rules shall provide that all evidence, testimony, and argument presented shall be afforded equal consideration, regardless of the method of communication. If a public meeting, hearing, or workshop of a local advisory committee is to be conducted by means of communications media technology, or if attendance may be provided by such means, the notice shall so state. The notice for public meetings, hearings, and workshops utilizing communications media technology shall state how persons interested in attending may do so and shall name locations, if any, where communications media technology facilities will be available. Nothing in this paragraph shall be construed to diminish the right to inspect public records under chapter 119. Limiting points of access to public meetings, hearings, and workshops subject to the provisions of s. 286.011 to places not normally open to the public shall be presumed to violate the right of access of the public, and any official action taken under such circumstances is void and of no effect. Other laws relating to public meetings, hearings, and workshops, including penal and remedial provisions, shall apply to public meetings, hearings, and workshops conducted by means of communications media technology, and shall be liberally construed in their application to such public meetings, hearings, and workshops. EXHIBIT A. TO RESOLUTION WALegislative Proposal s\teleconferenci ng technology\proposed legislation