Resolution 069-2020 RESOLUTION NO. 069 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA RATIFYING AND ADOPTING
TEMPORARY RULES OF PROCEDURE FOR
THE CONDUCT OF PUBLIC MEETINGS VIA
COMMUNICATIONS MEDIA TECHNOLOGY
("CMT") DURING THE PERIOD OF DECLARED
STATE OF EMERGENCY DUE TO THE COVID-
19 VIRUS, PURSUANT TO EXECUTIVE ORDER
20-69.
WHEREAS, on March 9, 2020, Governor DeSantis declared a State of
Emergency for the entire state of Florida in Executive Order 20-52 due to the outbreak
of the COVID-19 virus; and
WHEREAS,pursuant to the COVID-19 virus,the Centers for Disease Control
and the Florida Department of Health have warned against gatherings of ten (10) or
more individuals; and
WHEREAS, pursuant to his powers during a declared State of Emergency,
Governor DeSantis issued Executive Order 20-69,which authorized local governments
to dispense with the requirement in Florida law that local government bodies must meet
at a specific public place to establish a quorum; and
WHEREAS, the Board finds that conducting meetings via communications
media technology("CMT") will further the public interest of the residents of Monroe
County by permitting the County Commission to meet in a virtual public meeting using
while safeguarding the public against the spread of COVID 19; and
WHEREAS, the County Commission and other county boards, committees,
and panels that are required to meet in the Sunshine cannot meet without the adoption
of rules; and
WHEREAS, it is necessary for the County Commission and other county
boards, committees, and panels to meet to conduct the business of the County; and
WHEREAS,holding a public meeting by traditional means of gathering in one
location would violate the due to the social distancing guidelines issued by the Centers
for Disease Control and various executive orders issued by the Governor; and
WHEREAS, the Governor issued Executive Order 20-91, directing all
Floridians to stay at home unless conducting essential services or engaged in essential
activities; and
WHEREAS, the County Attorney has consulted with the Attorney General's
Office on the requirements necessary to hold a meeting exclusively via
communications media technology; and
WHEREAS, the Administrator of the Monroe County Health Department has
advised that due to the social distancing directives against public gatherings that is
advisable to only conduct the meeting using communications media technology and
advised against designating a public place for members of the public to gather and give
comment to the Board; and
WHEREAS,the County Attorney has drafted rules that are consistent with and
implement the intent of Executive Order 20-69 and the Government in the Sunshine
Law;
WHEREAS,the County Attorney has drafted proposed rules of procedure for
the Board's consideration, a copy of which is attached hereto and incorporated herein
as Exhibit A to the Resolution; and
WHEREAS, the Emergency Management Director previously promulgated
identical rules pursuant to the authority vested in her during a state of local emergency
under Section 11-3 of the County Code;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The above recitals are incorporated herein as findings of fact.
Section 2. The Rules of Procedure attached hereto and incorporated into this
Resolution as Exhibit A are hereby approved and adopted. The
Emergency Directive promulgating these rules is hereby ratified.
Section 3. This resolution shall take effect immediately upon adoption and
shall apply retroactively to the beginning of the meeting during
which the rules are adopted.
Section 4. These rules shall expire at the expiration of Executive Order 20-52
or Executive Order 20-69, including any extensions, whichever is
lifted earlier.
Section 5. If a court of competent jurisdiction shall determine that any
particular rule or portion of a rules set forth in Exhibit A is
unlawful,the other rules shall remain in full force and effect.
Section 6. These rules may be adapted and utilized by subordinate boards of
the County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of April , 2020.
Mayor Heather Carruthers Yes
.,4 4,�� R Mayor Pro Tern Michelle Coldiron Yes
4:05— w --,ram Commissioner Craig Cates Yes
`,i7�--\\c°�!'�, :�"rya``,. Commissioner David Rice Yes
'„ ,r._ \�\ c} . ';j? :\, Commissioner Sylvia Murphy Yes
j,(SEAL)) .�'r BOARD OF COUNTY COMMISSIONERS
'=Attest KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
By G--. By
As Deputy Clerk Mayo Hea Carruthers
Approved as to form and legal sufficiency on April 6, 2020.
Rabei^f 3 Sk LLi age#-, Monroe County Attorney
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Exhibit A
MONROE COUNTY'S TEMPORARY RULES FOR USE OF COMMUNICATIONS
MEDIA TECHNOLOGY DURING COVID-19 EMERGENCY
These rules are promulgated pursuant to the authority set forth in Executive Order 20-
69, issued by Governor DeSantis on March 20, 2020:
Section. 1. 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. These rules are separate and distinct from those rules adopted in Resolution
299-2017, for purposes of implementing 2017-214, Laws of Florida.
4. For purposes of these rules, the term "meeting" means any gathering of two or
more members of the County Commission, one of its duly constituted advisory
committees, and/or a commission of county staff serving in any capacity that •
triggers the applicability of the Government in the Sunshine Law, chapter 286,
Florida Statutes. The term "meeting" including a public hearing or workshop
meeting.
5. 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. 286.011 may be held by CMT provided such meeting follows these
rules.
Section 2. Conducting Proceedings by Communications Media Technology(CMT):
1. A meeting may be held exclusively by CMT.
2. 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.
3. When a meeting is to be held via CMT, the County 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 County must provide notice to describe how interested persons may attend.
That notice shall include:
a. The method by which a member of the public may access the meeting
using CMT.
b. An address, email, and phone number where a person may write/call for
additional information; and
c. 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.
4. Any evidence, testimony, argument, or other information 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.
5. 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.
6. Pursuant to Section 2 of Executive Order 20-69, a quorum may be established
by members attending the meeting via CMT.