Item N2M
C ounty of f Monroe
ELj » °o
�
BOARD OF COUNTY COMMISSIONERS
/� r i � ��
Mayor George Neugent, District 2
The Florida. Ke Se
y
I
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: N2
Agenda Item Summary #3128
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
No
AGENDA ITEM WORDING: Approval of a resolution establishing rules to facilitate holding
public meetings by means of communications media technology.
ITEM BACKGROUND: The Governor signed HB 1295 into law on June 6, 2017 which became
chapter 2017 -214, Laws of Florida. That law allows the County Commission and its advisory
boards, including certain staff meetings that are required to be conducted in accordance with the
Sunshine Law to meet via video conferencing or other communications media technology. The new
law requires the County to adopt regulations before these public meetings can be conducted via
communications media technology. The proposed resolution sets forth the necessary regulations.
PREVIOUS RELEVANT BOCC ACTION: BOCC 6/21/17 (N5) Board directed the County
Attorney to move forward with proposed rules to permit public meetings by means of video
conferencing and other types of technology.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Resolution adopting Communication Media Technology Procedures (10 3 17)
Chapter 2017 -214 Laws of Florida
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
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
Skipped
Completed
Pending
10/03/2017 12:39 PM
10/03/2017 12:31 PM
10/03/2017 8:28 PM
10/18/2017 9:00 AM
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSI O F MONROE COUNTY a" 1
CON DUCT ADOPTING RULES OF PROCEDURE FOR THE
B'
COMMUNICATI ) IA TECHNOLO
m
� I r
j It
': r
THEREF NOW RESOLVED ! BOARD 1
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
QS
tt7
�s
Page 1 of 2
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
Mayor Pro Tern David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY- BY:
Deputy Clerk Mayor
Page 2 of 2
MONROE COUNTY'S • • TECHNOLO RULES
[PROPOSE
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 "GMT ") 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.
Pagel of 2
0
a�
0
E
E
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.
G. 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.
0
a�
0
E
CL
E
EXHIBIT A.
Page 2 of 2
CHAPTER 2017 -214
House Bill No. 1295
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: E
CODING: Words - t�v„ ^^ are deletions; words underlined ar
Packet 'Pg. 2216
0
Section 1. (1) As used in this act, the term "communications media
U
technology" has the same meaning as provided in s. 120.54(5)(b)2., Florida
0
Statutes.
(2) Notwithstanding s. 286.011, Florida Statutes, the School Board of
Monroe County or the Board of County Commissioners of Monroe County, or
any political subdivision thereof, may authorize public meetings, hearings,
and workshops to be conducted by means of communications media
W
technology if the board adopts uniform rules authorizing the use of
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, testimony, and argument
n
at such public meetings, hearings, and workshops, in person and by means of
Q�
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.
iz
(3) If a public meeting, hearing, or workshop is to be conducted by means
of communications media technology, or if attendance may be provided b
such means, the notice shall so state. The notice for public meetings,
3
hearings, and workshops using communications media technology shall
state how persons interested in attending may do so and shall name
c1,4
locations, if any, where communications media technology facilities will be
available.
04
(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
0
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
E
and remedial provisions, apply to public meetings, hearings, and workshops
conducted by means of communications media technology, and shall be
d
CODING: Words - t�v„ ^^ are deletions; words underlined ar
Packet 'Pg. 2216
Ch. 2017 -214 LAWS OF FLORIDA Ch. 201
liberally construed in their application to such public meetings, hearings,
and workshops.
Section 2. This act shall take effect upon becoming a law.
Approved by the Governor June 6, 2017.
Filed in Office Secretary of State June 6, 2017.
UL
0
04
8
04
CL
M
M
r-
E
CODING: Words - t�v„ ^^ are deletions; words underlined are a
Packet 'Pg. 2217
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 1 '
ACTION: Pending
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.
N
21
U)
�a
E
CU
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
I. 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, ., also known as the "Government in the Sunshine w," 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 facil i. 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 rin 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.
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.
N
T
U)
�a
E
CU
STORAGE NAME: hl295z.LFV PAGE: 2
DATE: May 19, 2017
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 definitions, 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.
•� ■ -•
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. Getz. Fla. 98 - 28. See Office of the Attorney General, Government - in the - Sunshine Manual, 35 (2017 ed.).
19 Canney v. Board of Public 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. Getz. 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, 112.3 143, F.S.
STORAGE NAME: hl295z.LFV PAGE: 3
DATE: May 19, 2017
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 a is due to Monroe County's length and limited road accss.
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 1d. 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.monroccounty- 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: / /fdotewpl. dot. state. fl. us /CityToCityMileage /viewera.aspx (last accessed 3/21/2017).
N
U)
�a
E
CU
STORAGE NAME: hl295z.LFV PAGE: 4
DATE: May 19, 2017
II. 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?
N
21
U)
�a
E
STORAGE NAME: h1295z.LFV PAGE: 5
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