Item O3Meeting Date: 02/20/13 - KL Division: C2ggty Attom
Bulk Itern- Yes X No Staff Contact: Susan GrimsIM #3477
F «
ITEM WORDING:
Approval to advertise a public hearing to consider an ordinance amending Monroe County Code Chapter 2,
Article III, Division 7, See. 2-202, Quasi -Judicial Proceedings, clarifying that Monroe County, as allowed
pursuant to F.S. 286.0115, is officially adopting by ordinance the statutory requirements set forth in F.S. Sec.
2?-44ll5(W--) r%v�,*xdig *f7mju�Lxoc ixkv-2 --id ki34iGcJ14Gwe--&,f ex
communications, as well as ensuring that the BOCC Administrative Procedures are amended to reflect the
Monroe County Code.
ITEM BACKGROUND:
Monroe County, ursuant to Sec. 286.0115 Florida Statutes regarding ex-parte communication with lo
;r#r.=M.M1T-x7- =4
intended so there is no doubt as to the Board's int- adopted by county... ordinance or resolution,
adherence to the following procedures shall remove the presumption of prejudice arising from ex parte
communications with local officials." The ordinance must be adopted with the text as written in the statute.
Pr*oaiurcs I[Intviie dii v;*r"tg i�� x*�!-wxraly as f.WVM*1-J-
language. Adherence to these procedures of disclosure will remove the presumption of prejudice that may arise
from ex parte communications with county officials. The ordinance provides that the BOCC Administrative
Code, which currently prohibits ex-parte communications, shall be amended to reflect these changes, and those
in Ordinance No. 035-2010.
PREVIOUS RELEVANT BOCC ACTION:
I 1/ 17/10 Ordinance No.: 03 5-2010
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
APPROVEDBY: CountyAtty— OMB/Purchasing_ RiskManagernent
DOCUMENTATION: Included x Not Required
DISPOSITION: ... AGENDA ITEM #
WHEREAS, government in Florida is conducted in the sunshine pursuant to Chapter 28
Florida Statutes, thereby enabling the public to voice its opinions to local elected public officials; an
WHEREAS, subsequent to a court decision finding an ex-parte communication to create
taken by i commission, i Florida it and
WHEREAS, Florida Statute Sec. 286.0115 sets forth certain requirements regarding
access to local public officials # i subsequent quasi-judicialproceedings, !.
hearingsrticularl
such on local government land and
WHEREAS, on November 17, 2010, the Board of County Commissioners passed and adopt(
'O.',,rdinance No. 035-2010 (Ordinance) providing for quasi-judicial proceedings and related ex-parU
� da Statutei
WHEREAS, the purpose of the Ordinance as stated in the agenda itern was to ad
Procedures which "will remove the presumption of prejudice that may arise from ex PI
communications with i officials;" and
he 4
WHEREAS, with this amendment, the adherence to the prescribed procedures shall m
clear that the county intended to remove the presumption of prejudice arising from ex pi
communications with county officials by following the disclosure procedures in Florida Statute Se
i! and
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�� � � , '�' r�' •` ,isi is i i � '
EprocieedMini_
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NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Monroe County, that:
SECTION 1. Monroe County Code, Chapter 2, Article III, Don 7 Sectionherel
amended to read:
rJoriw3run
(c) Ex Parte Communications.
MIX wm� - �P*' - FIMI-WrIl � 7 i r-AA-17
locZpublic official the merits of any matter on which action may be ttaken by any board or
commission on which the local public official is a member. if adopted by county or- ffluairaip
IA--
0--lee fesok#iofi,-aAdb ence to the following procedures shall remove the presumption of
prejudice arising from ex parte communications with local public officials.
a. The substance of any ex parte communication with a local public official which relates to
amzi
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s' 0 Us
I. in Ins ma... a
"Ktn On bitt;1I MaUerS, So Mal Persons W110 nave opinions
contrary to those expressed in the ex parte communication are given a reasonable opportunity
to refute or respond to the communication. This subsection does not subject local public
*fficials to part III of chapter 112 for not complying with this paragraph.
item I ♦
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communications..
Lug
uniform munbi NII of the code.
�1 DOW A
1w IND
'IIII�WIII - ounty• issioners Ot ITIonroe county, Florida, at
regular meeting of said Board held on the day of 2013. 1
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner David Rice
Commissioner Danny L. Kolhage
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By---_ By
Deputy Clerk Mayor George Neugent
Quasi -Judicial Proceedings and Ex Parte Communications 3
Ns-q�
The 2012 Florida Statutes
Title XIX Chapter 286 View Entire Chapter
�IUBLIC BUSINESS PUBUC BUSINESS: MISCELLANEOUS PROVISIONS
—286.0115 Access to local public officials; quasi-judicial proceedings on local government land use matters.—
(1)(a) A county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from
ex parte communications with local public officials by establishing a process to disclose ex parte communications with
such officials pursuant to this subsection or by adopting an alternative process for such disclosure. However, this
subsection does not require a county or municipality to adopt any ordinance or resolution establishing a disclosure
process.
(b) As used in this subsection, the term "local public official" means any elected or appointed public official holding
a county or municipal office who recommends or takes quasi-judicial action as a member of a board or
http://www.leg.state,fl.us/Statutes/index.cfin?App mode —Display Statute&Search Strine--&URL=0200-
body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to b
qualified as an expert witness. The decisionmaking body shalt assign weight and credibility to such testimony as it
deems appropriate. A party or party -intervenor in a quasi-judicial proceeding on local government land use matters,
upon request by another _IaLl�p or paiWA-intervenor, shalt be sworT-'__R_,ar.wyt��s, AVL �le oukjw.ct i't#
other parties or party- intervenors, and shalt be required to be qualified as an expert witness, as appropriate.
(c) In a quasi-judicial proceeding on local government land use matters, a person may not be precluded from
communicating directly with a member of the decisionmaking body by application of ex parte communication
prohibitions. Disclosure of such communications by a member of the deconmaking body is not required, and such
nondisclosure shalt not be presumed prejudicial to the decision of the deonmaking body. All decisions of the
body in a quasi-judicial proceeding on local government land use matters must be supported by
substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications.
(3) This section does not restrict the authority of any board or commission to establish rules or procedures
governing public hearings or contacts with local public officials.
History.—s. 1, ch. 95-352; s. 31, ch. 96-324.
http://www.leg.state.fl.us/Statutes/�ndex.cfin?App mode=Display Statute&Search StrinQ--&TJRT1=0'700-
'T ' i i • ` Ilk
—BOARD !COUNTY
i y y
AGENDA ITEM COMMISSIONERS
SUMMARY
Meeting Date:-41 /;-17/10 --XL Division: COM AttorM
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ITEM BACKGROUND:
Government He Florida is conducted t l.•.sunshine" pursuant E Chapter
i... Florida
enabling #..:'.. public tovoiceopinionsE local ; elected public officials. t'.E :courtdecision
#li4Al" 1 ex-parte communication :'ItH t.create:"..,:rebuttablepresumption !'. prejudice and sufficient._. 1: 1
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E 'lit i. :. i i ii ;.'. # i ! i : 1. '_iw • �': Ii I. .. i ! # i '- 4 i ` Ht :,•
Z is ', I ' i : - t i •: } �.... i ' i ti i :I : +i : 4 #.'. # Z'. I * t '' 'E t.. � Z E i. i..'. r'. w i � # t :.
,: 4 i ' H..... • :i." r i :+# 1:.... � t 4 :. H t. , iltl Z E A •' i '. t.: N ; ':. :# H'. i ti.
PREVIOUS
A RELEVANT A
1 # 1 DOCC approved public hearing for 11/17/10 r pm. li Key Largo, FL
' r
STAFF
RECOMMENDATIONS:
Approval.
TOTAL COST:-NLA INDIRECT COST: BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COS:: r SOURCE
is
APPROVED
1AMPOSITION: AGENDA ITEM #
Nevised 1
#
# #
Wei U DKOT 2019 IM11:
111NOWINIFT&I 0 1 k , y. . 11
125RUM(TV #17MMEM-1.) I I lft-jddia} }. Itox'10 14174t= tiff I LIJUMMIR-irl VA 174417711ml 61 tp # IL-111(air'l if
WHEREAS, subsequent to a court decision finding an ex-parte communication to create a
rebuttable presumption of pre*udiceand sufficie-tt ?* 014
0i
WHEREAS, Section 286.0115, Florida Statutes sets forth certain requirements regarding the
Pccess, to local public officials in connection with subsequent quasi-judicial proceedings, particularly
q!uch hearings on local government land use matters; and
WHEREAS, the promulgation of an ordinance or resolution setting forth those procedures
speced in paragraphs I through 4 of subsection (c) of Sec. 286.0115 and adherence to those
procedures shall remove the presumption of prejudice arising from ex parte communications with
county officials; and
IREWMAS,286.0115 allows, but does not require, a county to adopt by ordinance or
resolution the statutory requirements in order for those requirements to apply; and
WHEREAS, it is desired to set forth the statutory requirements and such supplemental
requirements as may be adopted by means of a resolution;
NOW THEREFORE, BE IT ORDAINED by the Board Of County Commissioners of
Monroe County, that:
SECTION 1. Monroe County Code, Chapter 2, Article 111, Division 7 is hereby created to read:
Section 2.220. QUasi.-Judicial Proceedingg
(a) PLfInitions.
rte communications mean cownimic -uvr
'-A I
(3) Quasi-judicial act means the action • public officers applying regulations or rules to facts
determined through a decision -making process.
(4) Legislative act means the formulation of policy and adoption of a regulation or rule
through which that policy is implemented.
(b) Distinction between quasiAudiclal and Isgidative acts.
k1a
ULI L%M I t I I W-014LI J* I I I a ORI C 4004 4 5 - I I 5VI I F Fit I ri-11 -! ff Ila M,
(c) Ex P_arte Communications.
t
b. A local public official may read a written communication from any person. However, a
written communication that relates to quasi-judicial action -pending before a local public
*,fficial s all -,Tot
Rosure made pursuant to subvaraer Vpf*
Quasi-Judicial Proceedings and Ex Parte Communications 2
Pursuant to court opinions regarding unfair labor practices, no ex parte communications are
allowed between the county commissioners and either members or representatives of the
union, or members of management during a period of impasse. As other matters are identified
for which ex parte communications are prohibited by law, this provision may be updated by
ordinance or resolution.
(d) Minimum Procedures to be Followed In a Qgpijudlcial Proceeding,
I
and the Construction Board of Adjustments and Appeals may adopt procedures additional to
the following. Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support a finding unless it would be
admissible in civil actions. At a minimum, all quasi-judicial proceedings shall provide the
following:
1) Reasonable notice in advance of the proceeding;
opportunity to call and examine witnesses,
(3) An opportunity to ina-oduce evidence;
(4) An Opportunity to cross examine witnesses; ant
(5) An opportunity to rebut evidence.
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'NOWWWWWW' 061IM&M
qT7 nIT"r �I.tVW-Jjr I r=r4r*Tjr4 ngin
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foTicooc9eing,
irrespective of such communications.
UNA I I I I 1 11
IN(IT4119 G M
shall be held t( le to any person, property or Pro
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
# 0 11111111i I A $
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addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the code.
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tmomffl=
PASSED AND ADOPIED by the Board of County Commissionersof Monroe County,
Florida, at a regular meeti of said Board held on the 17'h day of November, 2010. Ing
Mayor Heather Carruthers Yes
Ma or Pro Tern David Rice Y—
I I -JON-
t I
I No �110) A t M-M
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. ............... . "I'll,
CO
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA.1.1040
TEL. (305) 294-4641
FAX (305) 295-3663
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
A3311")WOUA I I I V*71 M,
MONROECOUNTY
www.derk-of-the-courtcom
BRANCH OFFICE:
PLANTATION KEY
COVERNMENT CENTER
88820 OVERSEAS HIGHWAY
TEL. (305) 852-7145
FAX (305) 952-7146
ROTH BUILDING
50 HIGH POIll INT ROAD
a6� *gxtol
TEL. (305) 852-7145
FAX (305) 853-7440
Enclosed please find certified copy of ordinance No. 035-2010 creating Monroe Co
Code chapter 2, Article Ul, Division 7 providing for quasi-judicial proceedings and ex-p
commurucations; and, as allowed pursuant to286.0115, officially adopting by resolution
ordinance the statutory requirements set forth in paragraphs I through 4 of subsection (c)
Section 286.0115, Florida Statutes.
nance was
ot
Darmy L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
91-cl-ri''If Cf :: j
by: Pamela G. Hancock D. c.
cc: Municipal Code via e-mail
County Attorney via e-mail
BOCC via e-mail
File
s
t :I/
Program
µ Administrator
Administrative
BuildingR.A. Gray
South500 € Street
Tallahassee, Florida 32399-02,50
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