Resolution 397-2020 RESOLUTION NO. 397 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
REVISING THE RULES OF PROCEDURE FOR THE
CONDUCT OF PUBLIC MEETINGS VIA
COMMUNICATIONS MEDIA TECHNOLOGY AND
RESCINDING RESOLUTION 299-2017.
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 allowing for the public to attend and participate in public meetings while
continuing to practice social-distancing guidelines as established by the Center for Disease
Control (CDC); and
WHEREAS, due to Covid-19 and the CDC social-distancing guidelines many public
meetings have been conducted utilizing CMT in the past several months, which has allowed for
board members and members of the public to become more comfortable with utilizing and
participating in public meetings via CMT; and
WHEREAS,the County Attorney's office has drafted revised rules of procedure which
removes the physical location requirements from Resolution 299-2017 to allow for CMT
meetings to be conducted so long as access points are provided to allow for the public to attend
and participate virtually-a copy of which is attached hereto and incorporated herein as Exhibit A
to the Resolution;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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I. The Rules of Procedure are attached to and incorporated into this Resolution as
Exhibit A are hereby approved and adopted.
2. This resolution shall take effect immediately upon adoption.
3. This resolution shall rescind Resolution 299-2017 however, any actions taken in
reliance upon Resolution 299-2017 shall remain valid and enforceable as if that
Resolution remained in full force and effect.
4. If a court of competent jurisdiction shall determine that any particular rule or portion
of a rule set forth in Exhibit A is unlawful, the other rules shall remain in full force
and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17`11 day of November, 2020.
Mayor Michelle Coldiron Yes
..�2'A Mayor Pro Tern David Rice Yes
(4°
C�7 `�tl'j� Commissioner Craig CatesAbsent
- Commissioner David RiceYes
Commissioner Mike Forster Yes
s BOARD OF COUNTY COMMISSIONERS
'`e� � VIN MADOK, Clerk OF MONROE I - " , '- I
By By
As Deputy Clerk Mayor
Approved as to form and legal sufficiency, Robert B. Shillinger, Monroe County Attorney
Robert B. DDiNicn=Robert B.Shillbg o signed byrtB Shillinger
of Monroe County,FL,ou=County
S h l l n e r Attorney,email=shillinger Y
(y bob@monroecounty-fLgo¢r-US '? `T -,1
`J- Date:2020.11191528:18-05'00' ES
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EXHIBIT A
MONROE COUNTY'S COMMUNICATIONS MEDIA TECHNOLOGY- RULES
These rules are promulgated pursuant to the authority set forth in chapter 2017-214,
Laws of Florida.
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 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. 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.
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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 via CMT methods.
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.
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 (weblink or other CMT access link) of all access points where
a person may log in or call in to attend the meeting;
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.
5. 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.
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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. Each advisory board or committee may establish by majority vote of the total
members of that panel rules for use of CMT for that panel's meetings that are
more restrictive than those set forth herein.
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