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Item R6 �s R.6 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting November 17, 2020 Agenda Item Number: R.6 Agenda Item Summary #7580 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 No AGENDA ITEM WORDING: Approval of a resolution rescinding Resolution 299-2017 and amending the County's rules for conducting public meetings by means of communications media technology. ITEM BACKGROUND: In 2017, the Legislature adopted a special act (chapter 2017-214, Laws of Florida) that permits the County Commission and other public bodies in Monroe County to hold workshops and certain other meetings using Communications Media Technology ("CMT"). The special act was adopted as limited exception to the Sunshine Law, which requires that a majority of the members of a public body to meet in a physical location to establish the quorum. The special act applies only in Monroe County. The authority to hold virtual meetings authorized by the special act predates and is distinct from the Governor's Executive Order 20-69, which authorized virtual meetings during the COVID pandemic, and which had been extended a few times before lapsing on October 31, 2020. The special act has two conditions: a) the board must adopt rules of procedure for conducting virtual meetings and b)no final action can be taken at a virtual meeting. The Commission adopted rules for virtual meetings when it passed Resolution 299-2017. The existing rules require that a public facility be made available for those who prefer to attend in person, even if the rest of the meeting participants appear virtually. That requirement was established before CMT video conferencing platforms such as Zoom became so accepted by the public. Due to Covid-19 many public meetings have been conducted utilizing CMT over the past several months, which has allowed for boards and members of the public to become more familiar and comfortable with utilizing such technology for public meetings. In addition, the Center for Disease Control ("CDC")recommends against public gatherings to contain the spread of the Covid-19 The proposed resolution would amend the County's rules for virtual meetings to remove the physical location requirement when conducting a public meeting via CMT methods. The proposed amendments would still prohibit the Commission or one its advisory boards from taking final action at a virtual meeting conducted pursuant the special act. Packet Pg. 2610 R.6 PREVIOUS RELEVANT BOCC ACTION: BOCC 10/18/17 (N2): Board approved Resolution 299-2017 adopting rules of procedure for the conduct of public meetings via CMT. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution revising rules of procedure for CMT meetings Draft of Revised MC CMT rules Resolution 299-2017 adopting CMT rules 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: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 11/04/2020 1:52 PM Christine Limbert Completed 11/04/2020 1:56 PM Purchasing Skipped 11/04/2020 1:53 PM Budget and Finance Completed 11/04/2020 1:59 PM Packet Pg. 2611 R.6 Maria Slavik Skipped 11/04/2020 1:54 PM Liz Yongue Completed 11/04/2020 3:37 PM Board of County Commissioners Pending 11/17/2020 9:00 AM Packet Pg. 2612 R 6.a RESOLUTION NO. - 2020 c 0 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; c t� 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 E continuing to practice social-distancing guidelines as established by the Center for Disease Control (CDC); and 0 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 c participating in public meetings via CMT; and 0 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 T and participate virtually- a copy of which is attached hereto and incorporated herein as Exhibit A 2 to the Resolution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY y COMMISSIONERS OF MONROE COUNTY, FLORIDA: Resolution revising rules of procedure for the conduct of public meetings via CMT Page 1 of 5 Packet Pg. 2613 R 6.a 1. The Rules of Procedure are attached to and incorporated into this Resolution as Exhibit A are hereby approved and adopted. 0 2. This resolution shall take effect immediately upon adoption. 0 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 day of November, 2020. E 0 Mayor Mayor Pro Tem Commissioner Commissioner Commissioner (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA N By By As Deputy Clerk Mayor 0 2 0 c 0 Resolution revising rules of procedure for the conduct of public meetings via CMT Page 2 of 5 Packet Pg. 2614 R 6.a c 0 EXHIBIT A MONROE COUNTY'S COMMUNICATIONS MEDIA TECHNOLOGY- RULES These rules are promulgated pursuant to the authority set forth in chapter 2017-214, y 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. c 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 N 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. 8 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 N 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 y in F.S. 286.011 may be held by CMT provided such meeting follows these rules. Resolution revising rules of procedure for the conduct of public meetings via CMT Page 3 of 5 Packet Pg. 2615 R 6.a 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. c 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. 0 0 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 N 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 0 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. c 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. Resolution revising rules of procedure for the conduct of public meetings via CMT Page 4 of 5 Packet Pg. 2616 R 6.a 6. All agency meetings at which official acts are to betaken are declared to be 51 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. y c 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. 0 c c N c 2 0 N c Resolution revising rules of procedure for the conduct of public meetings via CMT Page 5 of 5 Packet Pg. 2617 R.6.b MONROE COUNTY'S COMMUNICATIONS MEDIA TECHNOLOGY- RULES r 0 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 y 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. 0 W 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 y 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 W 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 m 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, h® 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 W 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. W 0 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 CIVET methods Packet Pg. 2618 R.6.b 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 W of audio communication remains available. y 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 CJ and shall include: 0) a. The address ivekflink or other CIVET access link of all access points- yg e-wee- a �a� 1. c; r .________ __________ ___________ .-.-- _ Where a person may lc it Jr clll' ! Formatted:Indent Left. 1", No bullets or nurn---------------------------------------------------------------------------------------------------- 3 �3x r33 inge to attend the meeting; c:b. An address, email, and phone number where a person may write/call for additional information; and m 4-^cThe 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. CJ U 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 c9 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, U Packet Pg. 2619 R.6.b or formal action shall be considered binding except as taken or made at such CD meeting. 0 C 7. Except when final action is being taken, a quorum may be established by U W members attending via CMT. 8. Each advisory board or committee may establish by majority vote of the total W members of that panel rules for use of CMT for that panel's meetings that are y more restrictive than those set forth herein. 0 CJ 0 W m CJ C� c� U Packet Pg. 2620 RESOLUTION NO. 299 -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING RULES OF PROCEDURE FOR THE 0 CONDUCT OF PUBLIC MEETINGS VIA COMMUNICATIONS MEDIA TECHNOLOGY. 0 WHEREAS, Monroe County consists of the Florida Keys, an island chain extending m 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 0 its advisory boards to conduct public meetings via communications media technology with certain limitations, provided that rules of procedure are adopted; and y 0 WHEREAS, the Board finds that conducting certain meetings via communications 0 media technology will further the public interest of the citizens of Monroe County in several 0 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 0 consideration, a copy of which is attached hereto and incorporated herein as Exhibit A to the Resolution; N NOW THEREFORE, BE IT RESOLVED BY THE COUNTY BOARD OF 4 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. Page 1 of 2 Packet Pg. 2621 R.6.c PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 181h day of October, 2017. Mayor George Neugent Yes 0 Mayor Pro Tem David Rice Yes 0 Commissioner Danny Kolhage Yes `IZ "t Commissioner Heather Carruthers Yes -'y Commissioner Sylvia Murphy Yes m {� AL) BOARD OF COUNTY COMMISSIONERS Attest: 'VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA BY: BY: 'e` E eputy Clerk Mayor 0 0 0 0 m 0 0 '4- Uj = v OCR i CC') vo Yx v MONRO11 COU NTV Ar"N EyAPPRO D3 TM:U.t R1 Df COtgrTM R�JR. N w 0 0 0 Page 2 of 2 Packet Pg. 2622 r 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 0 1. For purposes of these rules, the term "agency" shall mean the County Commission, one o 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. Q 3. For purposes of implementing Chapter 2017-214, Laws of Florida and these rules, the 0 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 0 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. 0 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. N 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. Page 1 of 2 Packet Pg. 2623 R.6.c 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: 0 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; 0 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 0 CMT proceeding. 0 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. N 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 EXHIBIT A. Page 2 of 2 Packet Pg. 2624 R.6.d CHAPTER 2017-214 House Bill No. 1295 An act relating to Monroe County; providing definitions; providing an U 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 q 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: Section 1. (1) As used in this act, the term "communications media technology" has the same meaning as provided in s. 120.54(5)(b)2., Florida 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, 0 and workshops to be conducted 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 such meeting. The rules must 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. The rules must provide that all evidence, •— testimony, and argument presented shall be afforded equal consideration, Lo- regardless of the method of communication. (3) If a public meeting,hearing, or workshop is to be conducted by means cn of communications media technology, or if attendance may be provided by such means, the notice shall so state. The notice for public meetings, 111 hearings, and workshops using communications media technology shall state how persons interested in attending may do so and shall name locations, if any, where communications media technology facilities will be available. L- (4) This act does not limit a person's right to inspect public records under CL chapter 119, Florida Statutes. Limiting points of access to public meetings, hearings, and workshops subject to s. 286.011, Florida Statutes,to places not .. 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 U and remedial provisions, apply to public meetings, hearings, and workshops ZU conducted by means of communications media technology, and shall be 1 CODING: Words strieken are deletions; words underlined ar, Packet Pg. 2625 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. CL CODING: Words strieken are deletions; words underlined are a Packet Pg. 2626 R.6.e HOUSE OF REPRESENTATIVES FINAL BILL ANALYSIS BILL #: HB 1295 FINAL HOUSE FLOOR ACTION: SUBJECT/SHORT Monroe County 117 Y's 1 N's TITLE SPONSOR(S): Raschein and others GOVERNOR'S ACTION: Pending COMPANION N/A BILLS: 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 55 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 LO 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 y governmental entities in Monroe County to lower the cost of providing public access to governmental meetings. ch Subject to the Governor's veto powers, the bill is effective upon becoming law. 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 Packet Pg. 2627 1. 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.2 The constitutional requirement is self-executing but the Legislature is required to enact laws for the enforcement of the section.3 Government in the Sunshine Law c 0 C Section 286.011, F.S., also known as the "Government in the Sunshine Law," 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 12 taken must be open to the public at all times.4 The board or commission must provide reasonable notice of all public meetings.5 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 facility.6 Minutes of a public meeting must be promptly recorded and be open to public inspection.' Notices of Meetings and Hearings 0 U 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.i9 The Office of �-- the Attorney General recommends notice of the time and place of the meeting be provided at least 7 LO days before the meeting except in instances of emergency or special meetings.10 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 printed matter, audio, full- motion video, freeze-frame video, compressed video, and digital video by any method available."" Art.I, s.24(a),Fla.Const. Art.I, s.24(b),Fla.Const. s Art.I, s.24(c),Fla.Const. 4 Section 286.01l(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. Ist DCA 1991) citing Op.Atty. Gen.Fla., 73-170 (1973). 10 Office of the Attorney General, Govertametat-ira-the-Surashirae Manual,40(2017 ed.). " Section 120.54(5)(b)2.,F.S. STORAGE NAME:hl295z.LFV PAGE:2 DATE: May 19,2017 Packet Pg. 2628 Section 120.54(5)(b)2., F.S., requires the Administration Commission (Commission)92 to adopt u R•6.e 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 -51 any, where communications media technology facilities will be available. c r- These uniform rules do not diminish the right to inspect public records under ch. 119, F.S.93 If any agency limits points of access to public meetings, hearings and workshops subject to s. 286.011, F.S., e® 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. c The Commission adopted uniform rules governing proceedings by communications technology, currently codified as ch. 28-109, F.A.C. Separate rules provide definitions,94 application,95 notice,96 and for taking evidence and testimony." 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.99 c 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.20 0) Florida's Voting Requirement Law -- LO 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.29 In 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. E 13 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. 17 Rule 28-109.006,F.A.C. 18 Op. Att'y. Gen.Fla. 98-28. See Office of the Attorney General, Govermnew-ira—the-Stmshirae Manual, 35 (2017 ed.). 19 Canney v. Board ofPublic Mstructiora 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. Gen.Fla. 2001-66. See Office of the Attorney General, Goverramerat-ira-the-Surzshirae Manual, 35 (2017 ed.). 21 Section 286.012,F.S.See ss. 112.311, 112.313, 112.3143,F.S. STORAGE NAME:hl295z.LFV PAGE: 3 DATE: May 19,2017 Packet Pg. 2629 such cases, the member must comply with the disclosure requirements in the Code of Ethics for R•6.e Officers and Employees.22 School Boards and Board of County Commissioners The legislative and governing body of a county has the power to carry on county government.23 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.24 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 31 development, adoption, and repeal, and district school board meeting procedures, including c 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.25 Monroe County c Monroe County's Board of County Commissioners (Board) is composed of five members serving staggered terms of four years.26 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.27 Meeting in various locations in part is due to Monroe County's length and limited road access.28 Effect of the Bill c 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 LO 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. Id.See also s. 112.3143,F.S. 23 Section 125.01(1),F.S. 24 Section 125.01(1)(w),F.S. "Section 1001.43(10),F.S. 26 Art.VIII, s. 1,Fla. Const. "Monroe County Board of County Commissioners website, available at http://www.monroecomty-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://fdotewpLdot.state.fl.us/CityToCityMileage/viewera.aspx(last accessed 3/21/2017). STORAGE NAME:hl295z.LFV PAGE:4 DATE: May 19,2017 Packet Pg. 2630 The bill does not limit a person's right to inspect public records under ch. 119, F.S. Additionally, li R•6.e points of access to public meetings, hearings, and workshops subject to the "Government in the Sunshine Law," to places not normally open to the public is presumed to violate the right of access of the public and will result in any official action taken under such circumstances being void. Any other laws relating to public meetings, hearings, and workshops, including penal and remedial provisions, will apply to public meetings, hearings, and workshops conducted by means of communications media technology and must be liberally construed in their application. 11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: c 0 None. 2. Expenditures: None. c B. FISCAL IMPACT ON LOCAL GOVERNMENTS: .E 1. Revenues: None. c c 2. Expenditures: None. C. ECONOMIC IMPACT STATEMENT FILED? Yes, attached [X] No [] D. NOTICE PUBLISHED? Yes [X] No [] IF YES, WHEN? February 1, 2017 LO WHERE? Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida. E. REFERENDUM(S) REQUIRED? Yes [] No [X] T N IF YES, WHEN? STORAGE NAME:hl295z.LFV PAGE: 5 DATE: May 19,2017 Packet Pg. 2631 Monroe County Advisory Boards and Committees c 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 y Historic Preservation Commission Human Services Advisory Board KWIA Ad Hoc Committee on Noise 0 Land Authority Advisory Committee Library Advisory Board 0 Marine & Port Advisory Committee LN Older Americans Advisory Board Parks & Recreation Advisory Board Planning Commission ca 2 RESTORE Act Advisory Committee Shared Asset Forfeiture Fund Advisory Board Substance Abuse Policy Advisory Board Tourist Development Council Packet Pg. 2632