Resolution 299-2017RESOLUTION NO. 299 - 2017
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING RULES OF PROCEDURE FOR THE
CONDUCT OF PUBLIC MEETINGS VIA
COMMUNICATIONS MEDIA TECHNOLOGY.
WHEREAS, Monroe County consists of the Florida Keys, an island chain extending
more than 120 miles, as well as a significant portion of the Everglades on the Florida mainland;
and
WHEREAS, in recognition of Monroe County's linear geography and the challenges that
geography presents to complying with Florida's Government in the Sunshine Law, the Florida
Legislatures adopted Chapter 2017 -214, Laws of Florida, which authorizes the Commission and
its advisory boards to conduct public meetings via communications media technology with
certain limitations, provided that rules of procedure are adopted; and
WHEREAS, the Board finds that conducting certain meetings via communications
media technology will further the public interest of the citizens of Monroe County in several
ways, including but not limited to reducing unnecessary travel time over the Overseas Highway
and by encouraging participation on advisory boards by citizens who live throughout the County
and beyond; and
WHEREAS, the County Attorney has drafted proposed rules of procedure for the Boards
consideration, a copy of which is attached hereto and incorporated herein as Exhibit A to the
Resolution;
NOW THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Rules of Procedure attached to and incorporated into this Resolution
as Exhibit A are hereby approved and adopted.
Section 2. This resolution shall take effect immediately upon adoption.
Section 3. If a court of competent jurisdiction shall determine that any particular
rule or portion of a rule set forth in Exhibit A is lawful, the other rules
shall remain in full force and effect.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18 day of October, 2017.
Mayor George Neugent
Yes
- Mayor Pro Tem David Rice
Yes
Commissioner Danny Kolhage
Yes
Commissioner Heather Carruthers
Yes
-; Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: X Z.
Mayor
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I
MONROE COUNTY'S COMMUNICATIONS MEDIA TECHNOLOGY- RULES
[PROPOSED]
These rules are promulgated pursuant to the authority set forth in Chapter 2017 -214, Laws of
Florida.
A. Definitions and Applicability
1. For purposes of these rules, the term "agency" shall mean the County Commission, one
of its duly constituted advisory committees, and /or a committee of county staff serving in
any capacity that triggers the applicability of the Government in the Sunshine Law,
Chapter 286, Florida Statutes.
2. The term "communications media technology" (abbreviated "CMT ") shall have the same
meaning as provided for in F.S. 120.54(5)(b)2, and Chapter 2017 -214, Laws of Florida.
3. For purposes of implementing Chapter 2017 -214, Laws of Florida and these rules, the
term "final action" shall mean the final administrative action of the County on a matter.
For example, if an advisory board or staff committee is making a recommendation to the
County Commission, the action of the County Commission is the "final action" by the
County for purposes of these rules; the recommendations of an advisory board or staff
committee would not constitute final action.
4. Meetings of the County Commission or one of its duly constituted advisory committees
or of County staff, which are required to be held in public as set forth in F.S. 286.01, may
be held by CMT provided that the meeting is conducted pursuant to these rules.
B. Conducting Proceedings by Communications Media Technology (CMT):
1. A meeting may not be held exclusively by CMT without making provisions for
attendance of any member of the public who desires to attend. It is acceptable to allow
only committee members and invited presenters or advisors to attend via CMT if
adequate provisions are made for members of the public to attend and participate when
appropriate in the meeting at a public facility within the County.
2. A meeting cannot proceed exclusively by CMT if the available technology is insufficient
to permit all interested persons to attend.
3. If technical issues arise during a CMT meeting that prevent all interested persons from
attending, the meeting shall terminate until the problems have been corrected.
Termination of the meeting shall not be required if at least one means of audio
communication remains available. For example, if a meeting has been scheduled to be
conducted by videoconferencing encounters technical difficulties with the video feed, the
meeting may continue to be conducted if the audio communication technology is still
available and that technology provides a reasonable substitute given the purpose of the
meeting.
EXHIBIT A.
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4. When a meeting is to be held via CMT, the agency shall provide notice in the same
manner as required by a non -CMT meeting, shall plainly state that such a meeting is to be
conducted using CMT, and identify the specific type of CMT to be used. Multiple
methods of CMT are permissible for conducting a meeting. The agency must provide
notice to describe how interested persons may attend and shall include:
a. The address of all access points, specifically designating those which are in
locations normally open to the public;
b. The address of each access point where a person may go to attend the meeting;
c. An address, email, and phone number where a person may write /call for
additional information; and
d. The address, email, and designated person to whom someone may submit written
or other physical evidence which he /she intends to offer into evidence during a
CMT proceeding.
5. Any evidence, testimony, or argument which is offered utilizing CMT shall be afforded
equal consideration as if it were offered in person, and shall be subject to the same
objections. In situations where sworn testimony is required by the agency, person(s)
offering such testimony shall be responsible for making appropriate arrangements for
offering sworn testimony including but not limited to providing for the attendance of a
notary public or other official authorized by law to place a person under oath.
6. All agency meetings at which official acts are to be taken are declared to be public
meetings open to the public at all times, and no resolution, rule, decision, or formal action
shall be considered binding except as taken or made at such meeting.
7. Except when final action is being taken, a quorum may be established by members
attending via CMT.
8. Nothing in these rules shall prohibit a panel which is conducting a meeting by CMT from
utilizing technology to moderate the type and duration of public input.
9. In addition to specifying the date, time, and location of a public meeting that is scheduled
to be conducted by CMT, the meeting notice shall specify the manner in which members
of the public may attend said meeting including naming the locations, if any, where CMT
facilities will be available.
EXHIBIT A.
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