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Agenda 06/28/2022 Item #10B (Moving Item #7 Public Comments to end of meeting)06/28/2022 EXECUTIVE SUMMARY Recommendation to move Item 7, Public Comments on General Topics Not on the Current or Future Agenda to the end of the meeting. OBJECTIVE: To save taxpayer dollars. CONSIDERATIONS: Recently I have noticed that the Board is getting more and more public speakers for Item 7, Public Comments on General Topics Not on the Current or Future Agenda. Many of these public speakers are raising issues that are outside of the Board’s purview. During these comments, which can be lengthy at times, the Boardroom is full of County staff there to assist the Board with its published agenda. Members of the public, including their paid counsel and consultants, are also waiting during these comments for their particular item to be heard by the Board. I am advised by the County Attorney that Public Comments on General Topics Not on the Current or Future Agenda was not always placed towards the very beginning of the meeting. Between 1992 - 2012 Public Comments on General Topics was heard at the end of the meeting. Since the February 28, 2012 agenda, this item was moved to number 7 on the agenda, right after Presentations. Moving Public Comments on General Topics Not on the Current or Future Agenda back to the end of the meeting will only save appreciable staff time, which is better spent working on the public’s business rather than sitting in the Boardroom during Public Comments. It will also better serve those members of the public who are waiting during these comments for their particular item to be heard by the Board. FISCAL IMPACT: Not calculable, but clearly would result in a saving of taxpayer dollars. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this request. LEGAL CONSIDERATIONS: A detailed legal overview of Agenda Item 7 was presented to the Board on October 12, 2021 (Item 16K6), which is included as back-up to this item. With that noted, this item is approved as to form and legality and requires majority vote for Board approval. -JAK RECOMMENDATION: To move Item 7, Public Comments on General Topics Not on the Current or Future Agenda, to the end of the meeting. Prepared by: William L. McDaniel, Jr., District 5, Chairman ATTACHMENT(S) 1. Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (PDF) 10.B Packet Pg. 89 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 10.B Doc ID: 22625 Item Summary: Recommendation to move Item 7, Public Comments on General Topics Not on the Current or Future Agenda to the end of the meeting. (Sponsored by Commissioner McDaniel) Meeting Date: 06/28/2022 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 06/22/2022 12:52 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/22/2022 12:52 PM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/22/2022 12:54 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/22/2022 12:55 PM Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 06/22/2022 1:49 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/22/2022 3:28 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 10.B Packet Pg. 90 10/12/2021 EXECUTIVE SUMMARY Overview of Agenda Item 7, Public Comments on General Topics not on the Current or Future Agenda. OBJECTIVE: To provide the Board an overview of Agenda Item 7, Public Comments on General Topics not on the Current or Future Agenda. CONSIDERATIONS: The question arose during the Board’s September 28th meeting as to the breadth of what is allowed under public comment with respect to items which may appear at a future meeting. Background In Collier County citizens have always had the ability to address the Board on any particular item on the agenda. Prior to 1992 there was a section of the agenda titled Public Petitions where citizens could come and address the Board on any item that wasn’t on the agenda. During 1991 the Board made several adjustments to their agenda process, and on January 7, 1992, the Board added Public Comment on General Topics to the agenda. On May 19, 1998, the Board passed Resolution No. 1998-167, which established procedures for presentations and public comment before the Board and the Planning Commission. The resolution distinguishes between the various types of presentations or comments the public makes before the Board, whether Public Comment on General Topics, Public Petitions, Advertised Public Hearings, or other items, and provides written guidelines for each type of presentation. During the adoption of Resolution No. 1998-167, the minutes reflect the Board’s discussion that the Public Comment on General Topics portion of the agenda was for: public comment which is not an agenda item and at which no action is taken; a general topic discussion element for business relative to the county commission; for the purpose of conducting the business of the county, not a personal or political soap box. During the Board’s meeting on October 8, 2013, the Board directed the County Attorney to bring back an item with recommendations for adjustments to the Board’s policy on public speakers at meetings. On October 22, 2013 during the discussion of item 16K4 (moved to 12A), Chairwoman Hiller directed the County Manager to change the labeling on the printed agenda to clarify that this item is for discussion of items not on a current or future agenda. Discussion As set forth above, the Board of County Commissioners has a long history of allowing Public Comment during its meetings. Traditionally, the Board has heard public speakers on any topic, with the limited exception of public speakers who wished to discuss an item that was appearing on a future agenda. An example would be neighboring homeowners who wish to speak against a rezoning that was scheduled to be heard by the Board at a later date. Since that would be a quasi-judicial proceeding with the right by the applicant to cross examine, it could be deemed unfair to allow public comment of the issue prior to the hearing. The following discussion is adapted from the Government in the Sunshine Manual (pg. 45). 16.K.6 Packet Pg. 1265 10.B.1 Packet Pg. 91 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 10/12/2021 Prior to 2013, Florida courts had determined that the public had a right to attend public meetings but did not have a right to be heard. In 2013 the State Legislature enacted s. 286.0114, F.S., which mandates that m]embers 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 does not have to occur at the same meeting at which the board or commission takes official action if the opportunity “occurs at a meeting that is during the decision-making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action.” The public’s “opportunity to be heard” does not apply to: 1. 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; 2. An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; 3. A meeting that is exempt from the Sunshine; or 4. A meeting during which the board or commission is acting in a quasi-judicial capacity. The statute does not prohibit a board or commission from “maintaining orderly conduct or proper decorum in a public meeting.” In addition, the opportunity to be heard is “subject to rules or policies adopted by the board or commission.” These rules or policies are limited to those that: 1. Provide guidelines regarding the amount of time an individual has to address the board or commission; 2. 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; 3. 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 4. Designate a specified period of time for public comment. Conclusion Agenda Item 7, Public Comments on General Topics not on the Current or Future Agenda, is a Collier County Board policy, which has for decades allowed far greater public participation than what the State requires. The Board is welcome to apply its policy as it deems appropriate given the circumstances of each meeting, provided that it abides with the minimum requirements of Florida law as set forth above. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: None. Prepared by: Jeffrey A. Klatzkow, County Attorney 16.K.6 Packet Pg. 1266 10.B.1 Packet Pg. 92 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 10/12/2021 ATTACHMENT(S) 1. BCC minutes 1.7.92 excerpt - adding Public Comment to agenda (PDF) 2. Resolution 98-167 (PDF) 3. Section 286.0114 Fla. Stat. (PDF) 16.K.6 Packet Pg. 1267 10.B.1 Packet Pg. 93 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 10/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.6 Doc ID: 20254 Item Summary: Overview of Agenda Item 7, Public Comments on General Topics not on the Current or Future Agenda. Meeting Date: 10/12/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 10/04/2021 11:38 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 10/04/2021 11:38 AM Approved By: Review: Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/04/2021 11:47 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/04/2021 2:45 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/05/2021 3:14 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 10/06/2021 5:01 PM Board of County Commissioners Geoffrey Willig Meeting Pending 10/12/2021 9:00 AM 16.K.6 Packet Pg. 1268 10.B.1 Packet Pg. 94 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 16.K.6.a Packet Pg. 1269 10.B.1 Packet Pg. 95 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public RESOLUTION 98--1.6L- A RESOLUTION ESTABI.lSHING PROCEDURES FOR f'RESENTATIONS AND PUBUC COMMENT DEFORE TilE BOARD OF COUNTY COMMISSIONERS AND TilE COLLIER COUNTY PLANNING COMMISSION. WHEREAS. the Collier County Board of Commissioners (Board). as Ihe duly elected goveming hody for Collier County. holds rcgularly scheduled puhlic hearings to discllss. review ,lOti .lcl upon items of concem to and affecting Ihe residents of Collier County; and WHEREAS. the Collier County Planning Commission (CCPC). serving as the local planning agency and the land development regulation commission as re~uired by r.s. ~* 163.3174 and 163.3194. holds regularly scheduled puhlie hearings 10 discuss. review, aClupon and make recommendations 10 the Board relative 10 items of concern 10 md affecting the residents of Collier Coullly; and WIIERE/\S. included in these items may be ad\'ertised public hearings ofa quasi- judicial or legislative nature; and WHEREAS. lhe public may wish to comment on these items scheduled for consideration before the Bo,m! or Ihe CCPC; and WHEREAS. in order 10 maintain. equity. decorum and ordcr at Ihese regularly schedulcd public he:Jrings, it is necessary to establish standard procedures for presentations and public comment before lhe Board and the CCPC; :Jnd WHEREAS. the Board has prepared Ihese rules in an atlemptlo encourage public participation during advertised public hearings. including quasi-judicial hearings. in a manner consistent with the requirements of law. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. FLORIDA that: TIle Board of County Commissioners tlecl.lres thuI the procedures sel forth. auached hereto, and incorporated by rererence herein as Exhibit A. applicable 10 the 8 A 1 .~ 16.K.6.b Packet Pg. 1270 10.B.1 Packet Pg. 96 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 8 A 1 -. Board and the Collicr County Planning Commission as stated in said Exhibil. arc fair and rcasonable, and are hercby adopted. BE IT FURTHER RESOLVED that this Rcsolution relating to procedures for Board and CCPC presentations and public comment be reeorded jn the minutes of this Board. This Rcsolution adoptcd afier motion, second and majority vote favoring samc. Done this /9 day of '~ 7 1998. ATTEST Dwight E. Brock. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA fk"v-<_~;:})/~ ~ ~ Barbara 8, Berry, Chainnan I , utest IS to Chatrun.s slgnature onl,. Approved as to fonn and legal sufficiency: 2 16.K.6.b Packet Pg. 1271 10.B.1 Packet Pg. 97 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public BAl~ Exhibit "A" Procedures for Presentations before the Collier County Board of Commissioners and as Applicable to the Collier County Plannin2 Commission A. Puhlic Commcnt on Gcneral Topics: Memhcrs of the public may register to speakongeneraltopicsunderthePublicCommentportionoftheBoardofCountyCommissioner's (Board) agcnda. The number of speakers penllilted to registerunderpubliccommentonanygivenagendashallbelimitedtoamaximumoffive, unless the Chainnan recognizes additional speakers. I. Sneaker Rcaistration: Individuals wishing to speak to the Board underpubliccommcntatanyregularly !icheduled meeting of the Board of CountyCommissionersshallrcgistertospeakinwritingonthefonnprovidedbythe County prior to the public comment portion of the agenda being called bytheChainnan. H. Time Limits: a) Public Commcnt: J. Maximum 5 minutes per speaker. B. Public Petitions: Public Petitions arc limited 10 a single speaker. In general, theBoardwillnottakeactiononpublicpetitionitemsonthedaythepelitionis presented, but may direct staff to take action. or bring back the item to the Board at a future date for consideration. The County Administrator may defer schedulingapublicpctitionforareasonableperiodoftimeinordertoallowsufficienttimeforstafftoreviewthecontentandthusprepareforquestionsfromtheBoard. 1. Reaistration: Individuals wishing to make a public petition to the Board ofCountyCommissionersshaflpresentsucharequestinwritingtotheCountyAdministratoraminimumof13dayspriortotheBoardmeetingdateonwhichthepublicpetitionisrequestedtobeheard. The \"'Titten request shall include the name(s) and address(es) 0" all petitioners, including a primary contact name. address and telephone number. and shall state the nature of the petition. includinganyexhibitsand/or back up material which mny be pertinent to the petition. II. Time Limits: Maximum 10 minutes per speaker. C. Advcrtised Public Hearings: For procedural purposes, advertised publichearingsfallintotwocategories: those \vhich arc qunsi-jlldicial in nature; and other typesofadvertisedpublicheJrings, illClllUiTlg those which arc legislativc in nature. I. Quasi-Judicial Public Ilcarilll!S~ 16.K.6.b Packet Pg. 1272 10.B.1 Packet Pg. 98 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 8A 1.A:,_ a) Purnose and Intent: The Board has prepared these rules in an .lltempt to encourage public participation during quasi-judicial hearings in a manner consistent with the requirements of law. As part of that efCort and withintheconfinesofthelaw, the Board intends its hearings to be infomlal while recognizing the need for certain structure to maintain orderly hearings. Notwithstanding the procedures established by resolution, the Board may modi fytheseprocedurestoeffectuatetheeffectivepresentationofevidence. b) ili'>nlicahilitv of these Procedures: I) OU:lsi-Judicial Proceedings. These procedures apply to all quasi-judicial proceedings heard by the Board and the CCPC regardless of the capacityinwhichtheT10ardissilting. Quasi-Judicial actions concern the implementation of policy, which has already bcen set, and affording the Board, and in some instances the cepe, limited discretion in decidingwhethertoapproveordenyalandllsepermit. These include land use actions which have an impact on a limited number of persons or property owners on identifiable parties and interests, where the decision is contingent on a Cact or facts arrived at from distinct alternatives presented at a hearing. Examples of quasi-judicial proceedings include but arc not limited to: site specific rezonings (provided they involve policy implementation); development of regional impact hearings: conditional use permits: variances: boat dock extension petitions; and administrative appeals, 2) Lecislative Proceedinl.!s. Utilization of these procedures by the Board or the cepc when silting in u legislative capacity docs not change the character of the legislativc proceeding nor docs it confer any additional rights or rcmedies upon <lny person or party. C) Pre-Ilcarinl! Submittals: I) Almlicalion. An applicant (as detined in the Collier County Land Development Codc) shall make application as provided in thc proceduresestablishedfortheindividualdecisionbeingrequested. 2) Slafl/Al.!encY Recommendation. To the extent that the OlpplieOlbleprocedurcrcquiresaSI;]I'!' review and written recommendation to be prl'sented to the Bo;]nJ. such writtcn recommendation shall becompletedand :lv:1ilable for public inspection no later than ten calendar days prior to the hearing beCore the Board. 3) Writtcn Presentation. No latcr than one week prior to the scheduledpublichearingbeforetheBoard, any applicant, proponent, or opponentmaysubmitanywrittenarguments, evidence, explanations, studie!\, reports. pt:titions or other documentation to staff for intended considerntion by the Board in SUPPOI' of or in opposition to the application. In order tobeincludedinaBoardorCCPCAgendapacket. any \'vTilten arguments. evidcncc. cxplan:1tions. studies, reports, petitions or other documentation mll~t be submitted to the appropriate staff no later than three weeh priortothescheduledhearingbeforetherespectivebody. All written 2 16.K.6.b Packet Pg. 1273 10.B.1 Packet Pg. 99 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public tiA 1 ~ submissions, not including pictorial displays (maps, graphs and the like) must be on 8-1/2 x II-inch paper. No '''Tillen materials will be acceptedbytheBoardatitshearingunless, at the Board's discretion. acceptance is necessary to decide the issue. Written comments submitted shall beconsideredandenteredintotherecordofthemeetinginaccordancewith subsection C. I. d)(4) below. d) Public Hearings before the Board or the CCPC: I) General. It is the expectation that the hearing will be infonnal. All members of the public who address the Board or the cepe shall utilize the speaker's podium to allow their comments 10 be recorded. Each speaker shall stale his or her name and address for the record. Additionally, speakers shall indicilte whether they arc speaking onbehalfofthemselvesorothers. a) Time Limitation Guidelines. It is expected that presentations will be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons of the following status will prepare their discussions ilnd comments to be comr1eted within the prescribed time limits: I. Staff shall be responsible lor presenting the case on behalf of Collier County and shall limit their presenlations to twenty (20) minutes. 2. The applicant shall present his or her entire case intwenty20) minutes. J. Expert witnesses shall be limited to ten (10) minutes cach. 4. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the orgilnization or group waive their time. 5. All other persons may speak for a maximum of five (5) minutes each. I. No speaker may give his or her time to any other speaker. At the discretion of the Chairman. the time allowed for any speaker may be extended. b) Registration of Spcakers. Persons who desire to speak on an item 5:114111. prior to the item being called to be heard by the Chairman, register with the County Administrator on the forms provided, five (5) or more persons deemed by the Doard to be associated together or otherwise represent a common point of View, as 3 16.K.6.b Packet Pg. 1274 10.B.1 Packet Pg. 100 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public SA 11 proponents or opponents on any item may be requested to select a spokespcrson. 2) Order and Subicct of Armearance: To the extent possible, thefollowingshnllbetheorderoftheproceeding: a) Preliminary Statement. The Chairman shall read a preliminary statement once at the beginning of the quasi-judicial hearing portion of the agenda outlining the procedure, which shall be followed. h) Bworn Testimony. The applicant, staff, and all witnesses requesting to speak shall he collectively sworn. c) AlZreement with Staffs Recommendation. If the applicant or agent of the applicant agrees with staffs recommendation and wishes to waive his or her right to present additional evidence, and if no commissioner or anyone from the audience wishes to speak for or against the quasi-judicial agenda item, the Board mayvoteontheitembaseduponstaffspresentationandthematerials in the agenda o:3ck-up. d) Initial Presentation by Staff. County staff shall make the initial presentation to the Board regarding any item under consideration. After completion of the staff presentation, the Board may make inquiries of staff at this time. An applicant or appellant may ask questions of, or seek clarification from, staff by request throughtheChairmanatthetimethatpartymakesitsinitialpresentationtotheBoard. e) Applicant's Presentation. After staff presentation, the applicant(s) shnll be nllowed [0 make a presentation 10 the Board based on the time limitation guidelines outlined in the preceding subsection Cd) I) (a), above. During and after the applicants' presentation. the Bonrd shall have an opportunity to comment or ask questions of or seck clarification from the applicant. The Board mayalsoallowstafftocomment, ask questions or seek clarification from the applicant(s) at this time. f) Speakers. ^fter Board and staff inquiry of the applicant, speakersshallheallowcdtospeakbasedonthetimelimitationguidelinesoutlinedintheprecedingsuhsectionCd) (I) (a), above. Duringandafteraspeaker's presentation, the Board shall have anopportunitytocommc:nt or ask questions of or seek clarilication from such speaker. The Board may also allow staff to comment, ask questions of or seek clarification from speakers. g) Slafr Resl'lom;e and SummarY. The staff shall he allowed an opportlJllity for response to the presentations by the applicant, propunents and opponents and a summary with any changesinpositionalil'r considcration of relevant public comment. Proponents 4 16.K.6.b Packet Pg. 1275 10.B.1 Packet Pg. 101 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 8AII and opponents who believe that the staff response includes errors of fact or law may ask for and may be allowed an opportunity to point out such errors of fact or law. h) Armlicant's Rebuttal Presentation. I. Applicant's rebuttal shall be allowed only on items where there is an applicant other than the Board or Board staff. After staff response, the applicant shall be allowed an opportunity for rebuttal. Rebuttal shall he limited to five 5) minutes unless otherwise set by the Board. Rebuttal shall only address previous comments. 2. Staff, who believe that the rebuttal presentation includes an error of fact or law, may ask for and may be allowed an opportunity to point out such error of fact or law. i) Board and Staff Inquiry. After all presentations have been made as outlined above, the Board shall have a final opportunity to comment or ask questions. 111e Board may allow staff to respond to comments previously made at this time. U> Limit on Presentations. No person who has made a presentation for or against an item at a given meeting shall be allowed to make additional comments, unless requested to do so by the Board. k) Closing of Public Comment. In those matters on which public comment is heard by the Board, the Chainnan shall close the public comment portion of the meeting (on that item) upon the conclusion of the last speaker's comments or, in the Board's discretion, if no new relevant infonnation is being presented. No additional public comments shall be allowed, except in specific response to questions by members of the Board. 3) M iseellaneolls Items: a) Continuinu Record ISpeakers Oualifications. The Clerk to the Board ("Clerk") shall maintain a tile with the most recent copies of resumes previously filed \vith the Clerk by county staff presenters. All other persons testifying on issues requiring educational. occupational and other experience who wish to be qualified as cxperts shall submit their qualifications in \\Titten form for thc Board's approval to speak as expert witnesses. b) Organizational or Group Spcakers. Prior to presenting hislher case. any person representing an organization or other persons shall indicnte, in writing, the organization or group he/she represcnts and how he/she received authorization to speak on behnlf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. 16.K.6.b Packet Pg. 1276 10.B.1 Packet Pg. 102 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 8A! e) Restrictions on Testimonv or Presentation of Evidence. Notwithstanding any provisions herein. any Board member may interrupt any presentation that contains matters which need not be considered in deciding the mattcr then before the Board for consideration. At any Board procceding, the Chainnan. unless overruled by majority of the Board mcmbcrs prescnt. may restrict or tcmlinate pn:sentations which in the chairman's judgment are frivolous. unduly repetitive or Ollt of order. d) Public Officials. Notwithstanding other prOVISIons hereof. the Board may allow any elected or appointed public official. or representative thereof, to appear and make prcscntations at any time with regard to mallers under consideration. c) Continucd Public Ilearinl.!s. In any maller \vherc it is known that a scheduled public hearing will bc continucd to a future date certain, the staff report may be abbreviated and public comment may be limited to those persons \vho state that they believe they cnn not be available to speak on the dale to which the public henring is being continued. Such persons may make their comments at the current meeting; provided, however. that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. This waiver shall not preclude Stich persons from making different presentations based on new infonmllinn or from offering response to other persons' prcsenti:ltion, i r otherwise allowable, at any subsequent meeting. 4) The Record a) Automatically Included in the Record: The following documents shall 4lutomatically he inclLldcd in the record of the hearing oeforc the Bonrd: I ) The record from any preliminnry henring. the agenda packet. Ihe staff report. and the trnnscript of thehearingheforetheBoard: 2) Written comments and documents previously entered into the record at a prior Board meeting on the pi:lrticular mailer. h) Items Which Shali Oe Placed in the Record: Any additional documents. exhibits, diagrams. petitions, letters or other materials presented ill support of. or in opposition to, an item to be considered by the Board shall be entered into the record, as long as it was recci\'cd by the Board's Clerk or the npplicable Collier ounty departl11cnt seven (7) days prior to the date of the hearing. 16.K.6.b Packet Pg. 1277 10.B.1 Packet Pg. 103 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public BA! c) Additional Evidence. Except pursuant to subsection C) (3) abo\'e. Written Presentation, any additional written or documentary evidence filed within seven (7) days of the date of the hearing shal1 not become part of the record. d) Custodian. '111e Clerk shall he the offici'll custodian of the record. e) Exhiblls. Unless an oversized exhibit is absolutely essential, documentary paper or photographic exhibits should not exceed 24 inches by 36 inches and, if mounted on a backboard, shall be removable therefrom. All documentary evidence should be capable of being folded and filed. II. Other Puhlic lIearin~s: The following rules apply to advertised public hearings other than those which are quasi-judicial in nature, including those advertised public hearings which arc legislative in nature. a) Pre-J learin~ Submittols: I) Armlication. An applicant (as defined in the Collier County Land Development Code) shall make application as provided in the procedures established for the individual decision being requested. 2) Staff/Af.!cncy Recommendation. To the extent that the applicable procedure requires a st:lff review and written recommendotion to be presented to the Board. thot written recommendation shall be completed and available for public inspcclion no later than ten calendar days prior to the hearing before the Board. 3) Written Presentation. No later than one week prior to the scheduled public hearing before the Board, any applicant. proponent, or opponent may submit, in support of or in opposition to the issue which is the subject of the advertised public hearing, any \witten arguments, evidence. explanations, studies. reports, petitions or other documentation to staff for intcndl'd c()nsidcration hy the Board. All written submissions, not including pictorial ulsplays (maps. graphs and the like) must be on 8- 1/2 x II-inch paper. b) Publ ic I [carinI!: I) Generul. All members of the public who address the Board shall utilize the speaker's podium to allow their comments to be recorded, and shall identIfy themsc\vcs by name and local addresses, if applicable. Further. any speaker speaking on behal f of an organizaiion or group of individuals exceeding live) shall indicntc such and shall cite the source of such authority whether by request, petition. \Iote, or otherwise. n) Time Limitation Guidelines. It is expected that presentations \vill be organized and efficiently presented. As a guideline to presentations, in addition to the written comments submitted as part of the preliminary record, it is expected that persons in the 7 16.K.6.b Packet Pg. 1278 10.B.1 Packet Pg. 104 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 11 following status will prepare their discussions and comments to be completed within the prescribed time limits: I. Staff shall be responsible for summarizing the item for the Board and shall limit such presentation to a maximum of twenty (20) minutes. 2. For advertised public hearing items (other than those which arc quasi-jlJdicial in nature), where there is an applicant other than the lJoard of County Commissioners or staff, following the staff summary of the item the applicant will have an opportunity to make a maximum 10) minute presentation. 3. Persons who have been authorized to represent an organization with five (5) or more members or a group of five (5) or more persons should limit their presentation to ten (10) minutes. It is expected that others in the organization or group waive their time. 4. All other persons may speak for a maximum of five (5) minut<:s each. 5. No speaker may give his or her time to any other speaker. At the discretion of the Chairman. the time allowcd for any speaker may be cxtended b) Sneaker Re~istration. Persons. other than starr and the applicant where applicabk), wishing to speak on an advertised public hearing item shall, prior to the item being heard, register with the County Adminislrator on the forms provided. Five (5) or more persons deemed by the Board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to selcct a spokesperson. 2) Miscellaneous Items: a) ()rl!~mizatl(1nal or Cirolln Sneakers. Prior to mJking hislher comments. any person n:rresenllng an organization or other rersons shall indicate who he/she represents and how he/she received authorization to speak on behalf of such organization or group of persons. The Board may make further inquiry into the represented authority of such person if necessary. h) Restrictions on Comments Deemed Not Gennane to the Item. NOI\vithstanding any provisions herein. any Board member may internlpt and/or stop any presentation lilat discusses matters that need not bc considered in deciding the mailer then before the Board for considcr:ltion. At :lny Board proceeding. the ChJinnan. unless overmkd hy majority of the Board members present, may 1< 16.K.6.b Packet Pg. 1279 10.B.1 Packet Pg. 105 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public SAl restrict or terminate presentations which in the chainnan's judgment Clre frivolous, unduly repetitive or out of order. e) Puhlic Officials. Notwithstanding other provisions hereof. the Board may allow any elected or appointed public official or representative thereof, to appear and make presentations at any time with regard to matters under consideration. d) Continued Public J learings. In any matter where it is known that a scheduled public hearing will be continued to a future date certain, the staff report may be abbreviated and public comment may be limiled 10 those persons who stale that they believe they cannot bc Clvailable to speak on the dale to which the public hearing is being continued. Such persons may make their comments at the current meeting; provided. however. that upon making their comments, such persons shall waive the right to repeat or make substantially the same presentation at any subsequent meeting on the same subject. D. Other ^Qend~ Items Before the Board: In addition to public hearing, public comment and public petition items, with the approval of the Board, members of the public may speak on other Board agenda items. I. Registration: Persons wishing to speak on agenda items other than advertised public hearing items, public comment on general topics and public petition items, shall register to speak on the fonn provided by the County prior to the item being called by the Chairm;m to be heard. II Time Limits: Where the Board has requested or otherwise authorized public input on agenda items other than public hearing, public comment on general topic. or public petitions items. speakers will be limited to a maximum of 5 minutes. f) 16.K.6.b Packet Pg. 1280 10.B.1 Packet Pg. 106 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public Select Year:2021 Go The 2021 Florida Statutes Title XIX PUBLIC BUSINESS Chapter 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 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 maintaining 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; 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. 16.K.6.c Packet Pg. 1281 10.B.1 Packet Pg. 107 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public 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. 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. History.—s. 1, ch. 2013-227. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us 16.K.6.c Packet Pg. 1282 10.B.1 Packet Pg. 108 Attachment: Agenda 10_12_2021 Item #16K6 (Overview of Agenda Item #7, Public Comments) (22625 : Recommendation to move Item 7, Public