Item N07BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: N.7
Agenda Item Summary #3045
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
No
AGENDA ITEM WORDING: Discussion and direction regarding the passage of HB1295 and the
adoption of rules to permit public meetings by means of video conferencing and other types of
technology.
ITEM BACKGROUND: The Sunshine Law has been interpreted to require deliberative bodies
such as the Commission to meet in person. The Attorney General has opined that commissions can
only meet by teleconferencing or similar technology if extraordinary circumstances exist such as a
severe illness. During the 2017 session, the Florida Legislature passed HB 1295, a local bill which
would allow the County Commission, the School Board, and other political subdivisions in Monroe
County to meet via video conferencing or other media communications technology. Representative
Raschein had introduced that bill on behalf of the County and the School District. The Governor
signed the bill into law on June 6, 2017
The bill authorizes use of technology to conduct public meetings provided that the BOCC adopts
rules for conducting such a meeting and that no final action is taken during that meeting. Although
the BOCC's original proposal would have limited use of this type of technology for conduct a
meeting to only advisory boards and committees, the Legislature saw fit to write the bill in such a
manner that it could apply to the BOCC and the School Board itself. The Board's original intent
was to encourage more members of the public to serve on county advisory committees by reducing
the amount of travel involved in attending committee meetings.
Staff desires direction on whether to proceed with drafting proposed rules for BOCC and its advisory
boards and committees if the Board wishes to proceed down this path now that the Legislature has
granted it the authority to do so. If the Commission desires for staff to draft rules, direction is
needed on whether the Board wants to adopt rules that would allow the BOCC itself to meet via
video conferencing and if so, under what circumstances. Additionally, direction is needed on
whether the BOCC wants to authorize staff committees that fall under the Sunshine law, such as
RFP and RFQ evaluation committees. Third, direction is needed on which advisory boards and
committees the BOCC would want to authorize to meet via this method. A list of the currently
authorized advisory boards and committees is attached in the back -up materials.
PREVIOUS RELEVANT BOCC ACTION: The Board has expressed support for this type of
legislation during the 2015, 2016, and 2017 Legislative sessions.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Authorize staff to draft rules for consideration by the Board that
would authorize only those advisory boards and committees that do not make quasi-judicial
decisions to meet via communications media technology.
DOCUMENTATION:
HB 1295
Staff Analysis HB 1295
Monroe County Advisory Boards and Committees
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
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
05/29/2017 4:34 PM
Bob Shillinger
Completed
05/29/2017 4:57 PM
Budget and Finance
Skipped
05/29/2017 4:35 PM
Maria Slavik
Skipped
05/29/2017 4:36 PM
Kathy Peters
Completed
05/30/2017 11:03 AM
Board of County Commissioners Pending 06/21/2017 9:00 AM
N.7.a
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
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ENROLLED
HB 1295
2017 Legislature
An act relating to Monroe County; providing
definitions; providing an exception to general law;
authorizing the School Board of Monroe County or the
Board of County Commissioners of Monroe County, or any
political subdivision thereof, to conduct public
meetings, hearings, and workshops by means of
communications media technology; authorizing the
adoption of rules; providing for notices of public
meetings, hearings, and workshops conducted by means
of communications media technology; providing
applicability and construction; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. (1) As used in this act, the term
"communications media technology" has the same meaning as
provided in s. 120.54(5)(b)2., Florida Statutes.
(2) Notwithstanding s. 286.011, Florida Statutes, the
School Board of Monroe Countv or the Board of Countv
Commissioners of Monroe County, or any political subdivision
thereof, may authorize public meetings, hearings, and workshops
to be conducted by means of communications media technology if
the board adopts uniform rules authorizing the use of
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hb1295 -01 -er
N.7.a
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
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ENROLLED
HB 1295
2017 Legislature
communications media technology and no final action is taken at
such meeting. The rules must provide procedures for conducting
public meetings, hearings, and workshops, and for taking
evidence, testimonv, and araument at such public meetinas,
hearings, and workshops, in person and by means of
communications media technology. The rules must provide that all
evidence, testimony, and argument presented shall be afforded
equal consideration, regardless of the method of communication.
(3) If a public meeting, hearing, or workshop 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
usina communications media technologv shall state how persons
interested in attending may do so and shall name locations, if
any, where communications media technology facilities will be
available.
(4) This act does not limit a person's right to inspect
public records under chapter 119, Florida Statutes. Limiting
points of access to public meetings, hearings, and workshops
subject to s. 286.011, Florida Statutes, to places not normally
open to the public is presumed to violate the right of access of
the public, and any official action taken under such
circumstances is void. Other laws relating to public meetings,
hearings, and workshops, including penal and remedial
provisions, apply to public meetinas, hearings, and workshops
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hb1295 -01 -er
N.7.a
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ENROLLED
HB 1295
2017 Legislature
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.
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hb1295 -01 -er
HOUSE OF REPRESENTATIVES
FINAL BILL ANALYSIS
BILL #:
SUBJECT /SHORT
TITLE
SPONSOR(S):
COMPANION
BILLS:
HB 1295
Monroe County
Raschein and others
N/A
FINAL HOUSE FLOOR ACTION:
117 Y's 1 N's
GOVERNOR'S Pending
ACTION:
SUMMARY ANALYSIS
HB 1295 passed the House on April 28, 2017, and subsequently passed the Senate on May 4, 2017
The bill authorizes the Monroe County School Board, or the Board of County Commissioners, or any political
subdivision thereof, to conduct public meetings, hearings, and workshops by means of communications media
technology if the board adopts uniform rules authorizing the use of communications media technology and no
final action is taken at the meeting. "Communications media technology" is defined as the electronic
transmission of printed matter, audio, full- motion video, freeze -frame video, compressed video, and digital
video by any method available.
The rules adopted by the School Board or by the County Commission must provide procedures for using
communications media technology for purposes of conducting public meetings, hearings, and workshops, as
well as for taking evidence, testimony, and argument at public meetings. The rules must also provide that
evidence, testimony, and argument must be afforded equal consideration, regardless of the method of
communication.
The bill requires a notice to state that the meeting will be conducted by means of communications media
technology. Lastly, the bill does not limit a person's right to inspect public records.
The bill does not impose any fiscal requirements on the state or local government and may enable local
governmental entities in Monroe County to lower the cost of providing public access to governmental meetings
Subject to the Governor's veto powers, the bill is effective upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1295z.LFV
DATE: May 19, 2017
1. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Present Situation
The Florida Constitution guarantees to every person the right to inspect or copy public records' and the
right for all meetings of government collegial bodies, including those in any county, municipality, school
district, or special district, at which official acts are taken or public business is transacted or discussed,
to be noticed and open to the public. The constitutional requirement is self- executing but the
Legislature is required to enact laws for the enforcement of the section.
Government in the Sunshine Law
Section 286.011, F.S., also known as the "Government in the Sunshine Law," enforces the requirement
that all meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, at which official acts are to be
taken must be open to the public at all times. The board or commission must provide reasonable
notice of all public meetings. Public meetings may not be held at any location that discriminates on the
basis of sex, age, race, creed, color, origin, or economic status or that operates in a manner that
unreasonably restricts the public's access to the facility. Minutes of a public meeting must be promptly
recorded and be open to public inspection.'
Notices of Meetings and Hearings
Each board, commission, or agency must include in the notice of any meeting or hearing the advice
that, if a person decides to appeal any decision made by the board, agency, or commission he or she
will need a record of the proceedings, and that he or she may need to ensure that a verbatim record of
the proceeding is made, which includes the testimony and evidence upon which the appeal is to be
based.
"Reasonable notice" is defined neither by the Constitution nor the statute. Florida courts have held that
the reasonable notice may vary depending on the facts but its purpose is "to apprise the public of the
pendency of matters that might affect their rights, afford them the opportunity to appear and present
their views, and afford them a reasonable time to make an appearance if they wished.i The Office of
the Attorney General recommends notice of the time and place of the meeting be provided at least 7
days before the meeting except in instances of emergency or special meetings.
Conducting Public Meetings by Telecommunications
Currently, Florida law authorizes state agencies to conduct public meetings or hearings using
communications media technology, defined as "the electronic transmission of printed matter, audio, full -
motion video, freeze -frame video, compressed video, and digital video by any method available. ""
' Art. I, s. 24(a), Fla. Const.
2 Art. I, s. 24(b), Fla. Const.
s Art. I, s. 24(c), Fla. Const.
4 Section 286.01 1(1), F.S.
5 id
6 Section 286.011(6), F.S.
' Section 286.011(2), F.S.
Section 286.0105, F.S.
9 Rhea v. Gainesville, 574 So. 2d 221, 222 (Fla. 1st DCA 1991) citing Op. Atty. Gen. Fla., 73 -170 (1973).
10 Office of the Attorney General, Government -in- the - Sunshine Manual, 40 (2017 ed.).
" Section 120.54(5)(b)2., F.S.
y ,
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Section 120.54(5)(b)2., F.S., requires the Administration Commission (Commission) 12 to adopt ur-
rules of procedure including "uniform rules for use by each state agency that 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...." Under the statute, the rules must provide the following:
All evidence, testimony, and argument presented must be afforded equal consideration,
regardless of the method of communication.
The notice must state if a public meeting, hearing, or workshop is to be conducted by means of
communications media technology, or if attendance may be provided by such means.
The notice for public meetings, hearings, and workshops utilizing communications media
technology must state how persons interested in attending may do so and name locations, if
any, where communications media technology facilities will be available.
These uniform rules do not diminish the right to inspect public records under ch. 119, F.S. 13 If any
agency limits points of access to public meetings, hearings and workshops subject to s. 286.011, F.S.,
to places not normally open to the public, any official action taken therein is void. All other laws relating
to public meetings, hearings, and workshops, including penal and remedial provisions, apply to public
meetings, hearings, and workshops conducted by means of communications media technology.
The Commission adopted uniform rules governing proceedings by communications technology,
currently codified as ch. 28 -109, F.A.C. Separate rules provide definition S,14 application, notice, 16 and
for taking evidence and testimony. 17
While state agencies may conduct meetings, hearings, or workshops by communications media
technology, there is no similar statute providing such authorization for local governments. 18 Additionally,
the requirements for public meetings and other aspects of the Government in the Sunshine Law must
be interpreted most favorably to the public, having been enacted for the public benefit.
The Attorney General has concluded that where a quorum of membership is required for a collegial
body to discuss or transact relevant public business, including taking final action, in a properly noticed
public meeting, that quorum of members must be present physically at the meeting place in order to
constitute a proper quorum.
Florida's Voting Requirement Law
Pursuant to s. 286.012, F.S., no member of any state, county, or municipal governmental board,
commission, or agency who is present at any meeting of any such body at which an official decision,
ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such
decision, ruling, or act. A vote must be recorded or counted for each such member present, except
when, with respect to any such member, there is, or appears to be, a possible conflict of interest. In
12 The Administration Commission is comprised of the Governor and Cabinet. Section 14.202, F. S. Affirmative action by the
Commission requires the approval of the Governor and at least two other members.
" Section 120.54(5)(b)2., F.S.
14 Rule 28- 109.002, F.A.C.
15 Rule 28- 109.003, F.A.C.
16 Rule 28- 109.005, F.A.C.
1' Rule 28- 109.006, F.A.C.
18 Op. Att'y. Gen. Fla. 98 -28. See Office of the Attorney General, Government -in — the - Sunshine Manual, 35 (2017 ed.).
19 Canney v. Board ofPublic Instruction ofAlachua County, 278 So. 2d 260, 263 (Fla. 1973); Zorc v. City of Vero Beach, 722 So. 2d
891, 897 (Fla. 4th DCA 1999).
20 Op. Att'y. Gen. Fla. 2001 -66. See Office of the Attorney General, Government -in- the - Sunshine Manual, 35 (2017 ed.).
21 Section 286.012, F.S. See ss. 112.311, 112.313, 112.3143, F.S.
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such cases, the member must comply with the disclosure requirements in the Code of Ethics for
Officers and Employees.
School Boards and Board of County Commissioners
The legislative and governing body of a county has the power to carry on county government. To the
extent not inconsistent with general or special law, this includes the power to perform any other acts not
inconsistent with law, which acts are in the common interest of the people of the county, and exercise
all powers and privileges not specifically prohibited by law.
Similarly, a district school board may adopt policies and procedures necessary for the daily business
operation of the district school board. These include, but are not limited to, district school board policy
development, adoption, and repeal, and district school board meeting procedures, including
participation via telecommunications networks, use of technology at meetings, and presentations by
nondistrict personnel. School board policies and procedures may also address citizen communications
with the district school board and with individual district school board members, collaboration with local
government and other entities as required by law, and organization of the district school board,
including special committees and advisory committees.
Monroe County
Monroe County's Board of County Commissioners (Board) is composed of five members serving
staggered terms of four years. The Board meets on the third Wednesday and Thursday of every
month at one of the three following locations: the Murray E. Nelson Government Center in Key Largo,
the Marathon Government Center in Marathon, or the Harvey Government Center in Key West .
Meeting in various locations in part is due to Monroe County's length and limited road access.
Effect of the Bill
Notwithstanding s. 286.011, F.S., the bill authorizes the School Board of Monroe County or the Board
of County Commissioners of Monroe County, or any political subdivision thereof, to conduct public
meetings, hearings, and workshops by means of communications media technology if the board adopts
uniform rules authorizing the use of communications media technology and no final action is taken at
the meeting.
The rules must provide procedures for using communications media technology for purposes of
conducting public meetings, hearings, and workshops, as well as for taking evidence, testimony, and
argument at public meetings. The rules must also provide that evidence, testimony, and argument must
be afforded equal consideration, regardless of the method of communication.
A notice stating a public meeting, hearing, or workshop will be conducted by means of communications
media technology must also state how persons interested in attending may do so and name locations,
if any, where communications media technology facilities will be available.
22 Id. See also s. 112.3143, F.S.
23 Section 125.01(1), F.S.
24 Section 125.01(1)(w), F.S.
25 Section 1001.43(10), F.S.
26 Art. VIII, s. 1, Fla. Const.
2' Monroe County Board of County Commissioners website, available at http: / /www.monroecounty- fl.gov /index.aspx ?nid °27 (last
visited March 21, 2017).
28 According to the Florida Dept. of Transportation, the distance from Key Largo to Key West alone is 98 miles. See
http: / /fdotewpI. dot. state. fl. us /CityToCityMileage /viewera.aspx (last accessed 3/21/2017).
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DATE: May 19, 2017
The bill does not limit a person's right to inspect public records under ch. 119, F.S. Additionally, li
points of access to public meetings, hearings, and workshops subject to the "Government in the
Sunshine Law," to places not normally open to the public is presumed to violate the right of access of
the public and will result in any official action taken under such circumstances being void. Any other
laws relating to public meetings, hearings, and workshops, including penal and remedial provisions, will
apply to public meetings, hearings, and workshops conducted by means of communications media
technology and must be liberally construed in their application.
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. ECONOMIC IMPACT STATEMENT FILED? Yes, attached [X] No []
D. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? February 1, 2017
WHERE? Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida
E. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?
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DATE: May 19, 2017
Monroe County Advisory Boards and Committees
Affordable Housing Advisory Committee
Art in Public Places Committee
Climate Change Advisory Committee
Community Development Block Grant (CDBG) Citizens Advisory Task Force
Construction Board of Adjustments & Appeals
Contractors Examining Board
Development Review Committee
Duck Key Security District Advisory Board
Florida Keys Council for People with Disabilities
Health Plan Advisory Committee
Historic Preservation Commission
Human Services Advisory Board
KWIA Ad Hoc Committee on Noise
Land Authority Advisory Committee
Library Advisory Board
Marine & Port Advisory Committee
Older Americans Advisory Board
Parks & Recreation Advisory Board
Planning Commission
RESTORE Act Advisory Committee
Shared Asset Forfeiture Fund Advisory Board
Substance Abuse Policy Advisory Board
Tourist Development Council