Agenda 09/24/2013 Item #16K2n
9/24/2013 16.K.2.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution establishing minimum procedures for public
comment at all meetings before any agency, advisory board, regulatory board, quasi -
judicial board, committee, task force or any other group created and funded in whole or in
part by the Board of County Commissioners and direct the County Manager or his
designee to distribute such Resolution to all members of County Boards.
OBJECTIVE: To establish minimum procedures for public comment periods at all advisory
board meetings.
CONSIDERATIONS: At its 2013 legislative session, the Legislature passed Senate Bill 50
which amended Section 286.0114, Florida Statutes, to require that "Members of the public shall
be given a reasonable opportunity to be heard on a proposition before a board or commission."
Collier County's present Board of County Commissioners meeting procedures fulfill the
requirements of Senate Bill 50 and need not be amended. There is no standard set of procedures
required by the County's various advisory and other boards, and to date this has not been an
issue.
A growing concern among my fellow County Attorneys is that Senate Bill 50 may be held to
apply to advisory boards. As a result, the attached Resolution establishes procedures which
provide guidance to every agency, advisory board, regulatory board, quasi-judicial board,
committee, task force or any other group created and funded in whole or in part by the Board of
County Commissioners relating to public comment. The purpose for establishing such
procedures by resolution, rather than ordinance, is to avoid an additional layer of criminal
responsibility to the Board's volunteer boards should they fail to conduct their meetings in
accordance with Senate Bill 50, which arguably does not even apply to them.
In addition to adoption of the Resolution, it is recommended that the Board directs the County
Manager or his designee to distribute a copy of the Resolution to each existing advisory board
member, and include the Resolution as part of the initial welcome packet for each new board
member.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves the attached
Resolution establishing minimum procedures for public comment at all meetings before any
agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any
other group created and funded in whole or in part by the Board of County Commissioners and
directs the County Manager or his designee to distribute a copy of the Resolution to all members
of such boards.
Prepared By: Jeffrey A. Klatakow, County Attorney
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9/24/2013 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to approve a Resolution establishing minimum
procedures for public comment at all meetings before any agency, advisory board, regulatory
board, quasi - judicial board, committee, task force or any other group created and funded in
whole or in part by the Board of County Commissioners and direct the County Manager or his
designee to distribute such Resolution to all members of County Boards.
Meeting Date: 9/24/2013
Prepared By
Name: JeffKlatzkow
Title: County Attorney
Approved By
Name: Mark Isackson
Date: 9/18/2013 6:22:20 PM
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9/24/2013 16.K.2.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING MINIMUM
PROCEDURES FOR PUBLIC COMMENT AT ALL MEETINGS BEFORE
ANY AGENCY, ADVISORY BOARD, REGULATORY BOARD, QUASI -
JUDICIAL BOARD, COMMITTEE, TASK FORCE OR ANY OTHER
GROUP CREATED AND FUNDED IN WHOLE OR IN PART BY THE
BOARD OF COUNTY COMMISSIONERS.
WHEREAS, the Legislature recently enacted Senate Bill 50 amending Section 286.0114,
Florida Statutes, to require that "Members of the public shall be given a reasonable opportunity
to be heard on a proposition before a board or commission;" and
WHEREAS, the Board of County Commissioners hereby determines that finds that the
intent of Senate Bill 50 should apply to every agency, advisory board, regulatory board, quasi -
judicial board, committee, task force or any other group created and funded in whole or in part
by the Board of County Commissioners (which groups are hereinafter collectively referred to as
"Board'); and
WHEREAS, to accomplish this, the Board desires to establish the following minimum
procedures for its Boards with regard to public comment at all Board meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the following procedures
relating to public comment shall apply to all Boards to the Board of County Commissioners:
A. A public comment period shall be at the end of each Board meeting, and indicated
as such on every Board agenda.
B. For each item to be heard by a Board, the Board shall allow a minimum of 3
minutes to each member of the public that wishes to speak to that item prior to taking official
action.
C. The chairperson of the Board shall be responsible for insuring that members of
the public shall be given a reasonable opportunity to be heard on every proposition before it,
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9/24/2013 16.K.2.
excepting those matters which are quasi judicial. For quasi-judicial matters, only those speakers
with testimony pertinent to the issue at hand need be heard.
D. Should there be large groups or factions at the meeting, the chairperson may allow
a representative of each group or faction to address the Board on a proposition before the Board,
rather than all members of such group or faction, but shall give such representative a minimum
of 15 minutes to address the Board.
E. The County Manager will provide all Boards with Speaker Forms to be filled out
by any member of the public who wishes to speak at a Board meeting.
F. This Resolution shall apply to every agency, advisory board, regulatory board,
quasi-judicial board, committee, task force or any other group created and funded in whole or in
part by the Board of County Commissioners.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this day of
ATTEST:
DWIGHT E. BROCK, CLERK
:
, Deputy Clerk
and legality:
Jeffrey A. 4plat ov7, County Attorney
2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
�0
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GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
9/24/2013 16. K.2 .
CHAPTER 2013 -227
Committee Substitute for
Committee Substitute for Senate Bill No. 50
An act relating to public meetings; creating s. 286.0114, F.S.; defining "board
or commission "; requiring that a member of the public be given a
reasonable opportunity to be heard by a board or commission before it
takes official action on a proposition; providing exceptions; establishing
requirements for rules or policies adopted by the board or commission;
providing that compliance with the requirements of this section is deemed
to have occurred under certain circumstances; providing that a circuit
court has jurisdiction to issue an injunction under certain circumstances;
authorizing a court to assess reasonable attorney fees in actions filed
against a board or commission; providing that an action taken by a board
or commission which is found in violation of this section is not void;
providing that the act fulfills an important state interest; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 286.0114, Florida Statutes, is created to read:
286.0114 Public meetings; reasonable opportunity to be heard; attorney
fees.—
(1) For purposes of this section, "board or commission" means a board or
commission of any state agency or authority or of any agency or authority of a
county, municipal corporation, or political subdivision
(2) Members of the public shall be given a reasonable opportunity to be
heard on a proposition before a board or commission The opportunity to be
heard need not occur at the same meeting at which the board or commission
takes official action on the proposition if the opportunity occurs at a meeting
that is during the decisionmaking process and is within reasonable proximity
in time before the meeting at which the board or commission takes the official
action. This section does not prohibit a board or commission from maintain -
ing orderly conduct or proper decorum in a public meeting The opportunity
to be heard is subject to rules or policies adopted by the board or commission_
as provided in subsection (4).
(3) The requirements in subsection (2) do not apply to:
(a) An official act that must be taken to deal with an emergency situation
affecting the public health, welfare, or safety, if compliance with the
requirements would cause an unreasonable delay in the ability of the
board or commission to act•
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Ch. 2013 -227 LAWS OF FLORIDA
9/24/2013 16.K.2.
Uh. 2U13 -227
(b) An official act involving no more than a ministerial act, including, but
not limited to, approval of minutes and ceremonial proclamations-,
(c) A meeting that is exempt from s. 286.011; or
(d) A meeting during which the board or commission is acting in a quasi -
judicial capacity. This paragraph does not affect the right of a person to be
heard as otherwise provided by law.
(4) Rules or policies of a board or commission which govern the
opportunity to be heard are limited to those that:
(a) Provide guidelines regarding the amount of time an individual has to
address the board or commission:
(b) Prescribe procedures for allowing representatives of groups or
factions on a proposition to address the board or commission, rather than
all members of such groups or factions, at meetings in which a large number
of individuals wish to be heard:
c) Prescribe procedures or forms for an individual to use in order to
inform the board or commission of a desire to be heard: to indicate his or her
support, opposition, or neutrality on a proposition; and to indicate his or her
designation of a representative to speak for him or her or his or her group on
a proposition if he or she so chooses; or
(d) Designate a specified period of time for public comment.
(5) If a board or commission adopts rules or policies in compliance with
this section and follows such rules or policies when providing an opportunity
for members of the public to be heard, the board or commission is deemed to
be acting in compliance with this section.
(6) A circuit court has jurisdiction to issue an injunction for the purpose of
enforcing this section upon the filing of an application for such injunction by a
citizen of this state.
(7)(a) Whenever an action is filed against a board or commission to
enforce this section, the court shall assess reasonable attorney fees against
such board or commission if the court determines that the defendant to such
action acted in violation of this section. The court may assess reasonable
attorney fees against the individual filing such an action if the court finds
that the action was filed in bad faith or was frivolous. This paragraph does
not apply to a state attorney or his or her duly authorized assistants or an
officer charged with enforcing this section.
(b) Whenever a board or commission appeals a court order that has found
the board or commission to have violated this section and such order is
affirmed, the court shall assess reasonable attorney fees for the appeal
against such board or commission.
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Ch. 2013 -227 LAWS OF FLORIDA Uh. 2u13 -227
(8) An action taken by a board or commission which is found to be in
violation of this section is not void as a result of that violation
Section 2. The Legislature finds that a proper and legitimate state
purpose is served when members of the public have been given a reasonable
opportunity to be heard on a proposition before a board or commission of a
state agency or authority, or of an agency or authority of a county, municipal
corporation, or political subdivision Therefore, the Legislature determines
and declares that this act fulfills an important state interest
Section 3. This act shall take effect October 1, 2013.
Approved by the Governor June 28, 2013.
Filed in Office Secretary of State June 28, 2013.
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