Agenda 05/26/2020 Item #11E (Emergency/Executive Order)05/26/2020
EXECUTIVE SUMMARY
Recommendation to approve an Executive Order establishing Hybrid Virtual Quasi-Judicial
Hearing Procedures during the current COVID-19 emergency.
OBJECTIVE: To ensure the continuity of government operations in accordance with CDC guidance and
the Executive Orders of the Governor for safety during a currently declared public health emergency
arising out of COVID-19.
CONSIDERATIONS: To address the issues associated with the COVID-19 global pandemic, the
Governor of the State of Florida issued Executive Orders 20-51 and 20-52 declaring a public health
emergency and the Board of County Commissioners (Board) issued Proclamation/Resolution 2020 -50
declaring a Local State of Emergency, which authorizes the County to take all necessary action to protect
human health and safety. Recognizing the need to maintain the functionality and continuity of
government, the Governor further issued Executive Order 20-69, which suspends the requirement for
local governing bodies to have a quorum physically present to conduct public meetings.
At the May 12, 2020 meeting, the Board directed staff to begin holding quasi -judicial hearings related to
land use petitions.
The proposed procedures enable the County to use this methodology as a means of holding Quasi -Judicial
Hearings without the requisite quorum physically present and establishes procedures for doing so. More
specifically, this methodology provides procedures for the following:
Ex Parte Communications;
General Procedures;
Hybrid Virtual Quasi-Judicial Hearing Procedures; and
Technical Information for Communication Media Technology (CMT).
These procedures allow for the use of CMT pursuant to Section 120.54(5)(b)(2), Florida Statutes, and
supplement and amend Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and
County ordinances and resolutions governing land use matters. A hybrid quasi-judicial proceeding allows
for in person participation and CMT participation
FISCAL IMPACT: There is no fiscal impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is specifically
tailored to be consistent with the Governor’s Executive Orders, including Executive Order No. 20 -69, and
the Board’s direction that Planning Commission meetings recommence and that quasi-judicial matters be
heard. This procedure will need to be modified or terminated should Executive Order No. 20 -69 be
modified or expire. With that noted, this item is approved as to form and legality, and requires majority
vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
RECOMMENDATION: To approve the proposed Executive Order and adopt the associated procedures.
Prepared by: Jeremy Frantz, AICP, Land Development Code Manager
11.E
Packet Pg. 97
05/26/2020
ATTACHMENT(S)
1. Executive Order 5-15-20 (PDF)
2. Collier procedures for hybrid virtual quasi-judicial hearings final (DOCX)
11.E
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05/26/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E
Doc ID: 12399
Item Summary: Recommendation to approve an Executive Order establishing Hybrid Virtual
Quasi-Judicial Hearing Procedures during declared emergencies. (Jeremy Frantz, AICP, LDC Manager,
Zoning Division)
Meeting Date: 05/26/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
05/15/2020 4:13 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
05/15/2020 4:13 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/18/2020 9:41 AM
Growth Management Department James C French Deputy Department Head Review Completed 05/18/2020 9:15 PM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/19/2020 8:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Completed 05/19/2020 11:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/19/2020 9:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/19/2020 12:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/19/2020 1:07 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/19/2020 1:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM
11.E
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Page 1 of 3
EMERGENCY/EXECUTIVE ORDER NO. 2020 - ____
AN EXECUTIVE ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR HYBRID VIRTUAL QUASI-
JUDICIAL HEARING PROCEDURES DURING THE CURRENT COVID-19
STATE OF EMERGENCY
WHEREAS, COVID-19 is a respiratory illness caused by a virus that spreads rapidly
from person to person, which may result in serious illness or death, and which constitutes a clear
and present danger to the health, welfare and safety of the citizens of Collier County; and
WHEREAS, on March 1, 2020, Governor DeSantis declared a Public Health Emergency
as a result of COVID-19, and on March 9, 2020, Governor DeSantis issued Executive Order 20 -
52, declaring a State of Emergency as a result of COVID -19, which has been supplemented by
subsequent Executive Orders all relating to the threat of COVID-19, which Orders are
incorporated herein; and
WHEREAS, on March 16, 2020, the Board of County Commissioners of Collier County,
Florida adopted Proclamation/Resolution No. 2020-50 declaring a state of emergency due to
COVID-19 for all territory within the legal boundaries of Collier County; and
WHEREAS, Florida Statutes Sec. 252.38 provides that “Safeguarding the life and
property of its citizens is an innate responsibility of the governing body of each political
subdivision of the state;” and
WHEREAS, Florida Statutes Sec. 252.46 provides in relevant part that “In accordance
with the provisions of Chapter 120, the political subdivisions of the state…are authorized and
empowered to make, amend, and rescind such orders and rules as are necessary for emergency
management purposes…” so long as such powers are not in conflict with the State; and
WHEREAS, Governor DeSantis’ Executive Order No. 20-69 specifically provides:
“Section1: I hereby suspend any Florida Statute that requires a quorum to be
present in person or requires a local government body to meet at a specific public
place.
Section 2: Local government bodies may utilize communications media
technology, such as telephonic and video conferencing, as provided in section
120.54(5)(b)2., Florida Statutes. . .
11.E.1
Packet Pg. 100 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
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Section 3. This Executive Order does not waive any other requirement under
the Florida Constitution and “Florida’s Government in the Sunshine Laws,”
including Chapter 286, Florida Statutes.
Section 4. This Executive Order shall expire at the expiration of Executive
Order 20-52, including any extension.” ; and
WHEREAS, Governor DeSantis directed that Executive Order No. 20-69 shall expire at
the expiration of his Executive Order 20-52, including any extension thereof, which the
Governor extended on May 8, 2020 for an additional sixty days from that date; and
WHEREAS, on April 28, 2020, the Board of County Commissioners of Collier County,
Florida adopted Emergency/Executive Order No. 2020-01, which implemented Collier County
Hybrid Remote Public Meeting Procedures to facilitate conducting the Board’s meetings,
including its advisory boards, councils and committees during the COVID-19 declared state of
emergency; and
WHEREAS, on May 12, 2020, during a regular meeting of the Collier County Board of
County Commissioners the Board discussed its interest in implementing procedures to conduct
hybrid virtual quasi-judicial proceedings before the Board, the Collier County Planning
Commission, and its other Quasi-Judicial bodies to insure fair hearings that are accessible to the
public and to all participants to such proceedings, while allowing for the Centers for Disease
Control’s direction to practice “social distancing”; and
WHEREAS, on May 26, 2020, during a regular meeting of the Collier County Board of
County Commissioners the Board reviewed and approved the attached Hybrid Virtual Quasi-
Judicial Hearing Procedures to be implemented during declared emergencies to include the
COVID-19 pandemic; and
WHEREAS, the Board of County Commissioners believes that these procedures are
necessary to promote the health, safety and welfare of the County residents and the general
public.
NOW THEREFORE, IT IS ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Collier County Hybrid Virtual Quasi-Judicial Hearing Procedures During
Declared Emergencies attached hereto as Exhibit “A,” is hereby approved, adopted and shall be
11.E.1
Packet Pg. 101 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
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implemented by all Collier County boards, the Collier County Planning Commissions and its
other Quasi-Judicial bodies.
2. The attached Collier County Hybrid Virtual Quasi-Judicial Hearing Procedures
supplements and amends Collier County Executive Order No. 2020-01, County Resolution No.
98-167, and County ordinances and resolutions governing land use matters.
3. The attached procedures are hereby ordered to be followed immediately.
4. Effective Date; Duration. This Order shall remain in effect as long as the
Governor DeSantis’ Executive Order 20-52 remains in effect, including any extensions by the
Governor.
THIS ORDER ADOPTED after motion, second, and majority vote favoring same this
26th day of May, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ________________________________ By: ________________________________
, Deputy Clerk BURT L. SAUNDERS, Chairman
Approved as to form and legality:
________________________________
Jeffrey A. Klatzkow, County Attorney
11.E.1
Packet Pg. 102 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
[20-CPS-01995/1541018/1]32 Rev. 5-15-20 Page 1 of 3
COLLIER COUNTY HYBRID VIRTUAL QUASI-JUDICIAL HEARING
PROCEDURES DURING DECLARED EMERGENCIES
1. Applicability.
These procedures allow for the use of communications media technology (CMT) pursuant to
Section 120.54(5)(b)(2), Florida Statutes, and supplement and amend Collier County Executive Order No.
2020-01, County Resolution No. 98-167, and County ordinances and resolutions governing land use
matters. A hybrid quasi-judicial proceeding allows for in person participation and CMT participation as
described in these procedures.
2. Ex parte communications.
All ex parte disclosures by the Board of County Commissioners or members of the Planning
Commission, or other body subject to ex parte communication disclosures (Quasi-Judicial Body), who
are appearing virtually, will be made in writing before the public hearing. There will be no ex parte
communication by any party to the proceeding beginning five business days before each public hearing.
Staff will send the written disclosures electronically to the Applicant and any person that requests a
copy.
3. General procedures.
(a) Condition to Scheduling Hearing. When an Application has progressed to the point of
scheduling a quasi-judicial hearing (as determined by the County), Applicants shall choose either (i)
delaying consideration of their Application and proceeding with the public hearing, after the declared
emergency has ended, at a meeting that is not a hybrid virtual meeting; or (ii) proceeding during the
declared emergency, while the County conducts a hybrid virtual meeting, and waiving Applicant’s right to
contest any procedural irregularity. Such election by an Applicant shall be provided in writing.
(b) Oaths. A person who appears remotely before the Quasi-Judicial Body who is not a party
or party-intervenor shall be allowed to testify before the Quasi-Judicial Body, subject to control by the
Quasi-Judicial Body, and may be requested to respond to questions from the Quasi-Judicial Body, but
shall not be sworn as a witness, is not subject to cross-examination, and is not required to be qualified as
an expert witness. The Quasi-Judicial Body shall assign weight and credibility to such testimony as it
deems appropriate. A party or party-intervenor in a quasi-judicial proceeding on local government land
use matters, upon request by another party or party-intervenor, shall be sworn as a witness, shall be
subject to cross-examination by other parties or party-intervenors, and shall be required to be qualified as
an expert witness, as appropriate. Each Staff person participating remotely will be sworn one time for all
quasi-judicial proceedings during the duration of the Declared Emergency.
(c) Technical Malfunction During Hearing. In the event the County’s communications media
technology malfunctions during the Hybrid Virtual Quasi-Judicial Hearing, the County shall use its best
efforts to provide notice to all parties as to the date and time of the continuation of the Hybrid Virtual
Quasi-Judicial Hearing.
(d) Record. The Clerk shall maintain custody of all recordings of testimony, evidence, and
documents submitted into evidence at the Virtual Quasi-Judicial Hearing in the same manner as for non-
emergency quasi-judicial hearings.
11.E.1
Packet Pg. 103 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
[20-CPS-01995/1541018/1]32 Rev. 5-15-20 Page 2 of 3
(e) Notice. The notice of Hybrid Virtual Quasi-Judicial Hearing will provide the instructions for
accessing the meeting using CMT.
4. Hybrid Virtual Quasi-Judicial Hearing Procedures.
Public meetings conducted as hybrid virtual meetings will be conducted in accordance with the
procedures in County Resolution No. 98-167 subject to the following:
a) Quorum; Voting. If there is not a physical quorum present at the meeting, the Chairman
or his designee will call the roll and verbally verify that a quorum is present at the beginning of the
meeting and all voting shall be conducted verbally by roll call. Unless a physical quorum is required, any
requirement that the voting members be physically present at the meeting, either to vote or to be
counted for quorum requirements, is hereby waived for the duration of the declared State of Emergency
provided that a quorum of such members participate in the meeting by means of a hybrid virtual meeting.
b) Staff and Applicant Participation. The Applicant and its witnesses will attend the meeting
in person. Staff will appear in person, unless staff in their individual discretion believes attendance poses
a health risk to that individual; in such case, they will appear electronically.
c) General Public. The public may attend in person or electronically. All public comment or
participation will be limited to a maximum of 3 minutes, unless the Chairman, in his/her discretion allows
additional time. Remote participants will not be allowed to receive speaking time from another speaker
or to provide speaking time to another speaker. Remote participation is at the users’ risk. The County is
not responsible for technical issues.
d) Participation by way of electronic media. All speakers participating electronically must be
recognized by the Chair prior to speaking, and no more than one person will speak at the same time. To
facilitate the orderly conduct of the meeting, the County will "mute" or otherwise disable the lines of
members of the public until such time as they are recognized to speak. Interested persons desiring to
provide public comment should comply with the directions provided in the meeting notice and/or
otherwise described by the Chair and/or County staff operating the electronic media. Electronic
participants will be placed in a queue on a first-come, first serve basis, and will be notified by a member of
County staff when they will be permitted to speak.
(e) Order of presentation. The initial presentation will be by Applicant followed by Staff’s
presentation. Applicant and Staff are limited to the use of Powerpoint. Unless approved by the Chair, a
visualizer will not be available.
5. Technical Information for CMT Quasi-Judicial Hearings.
(a) Participating in the Virtual Quasi-Judicial Public Meeting. Individuals who would like to
participate remotely, should register in advance through the link provided on the front page of the county
website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public
hearing detailing how they can participate remotely in this meeting. Virtual meeting attendees will be able
to hear the members of the Quasi-Judicial Body and other persons when speaking.
11.E.1
Packet Pg. 104 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
[20-CPS-01995/1541018/1]32 Rev. 5-15-20 Page 3 of 3
(b) Viewing the Virtual Quasi-Judicial Public Meeting. The meeting may be viewed online via
livestreaming at www.colliercountyfl.gov. or live on Comcast Channel 97, within the County limits. The
public will be able to listen to the meeting, but no comments can be made without registering in advance
in accordance with the prescribed procedure.
11.E.1
Packet Pg. 105 Attachment: Executive Order 5-15-20 (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
Rev. 5-15-20 Page 1 of 3
COLLIER COUNTY HYBRID VIRTUAL QUASI-JUDICIAL
HEARING PROCEDURES DURING THE DECLARED
COVID-19 EMERGENCY
1. Applicability.
These procedures allow for the use of communications media technology (CMT) pursuant
to Executive Order No. 20-69, Section 120.54(5)(b)(2), Florida Statutes, and supplement and amend
Collier County Executive Order No. 2020-01, County Resolution No. 98-167, and County
ordinances and resolutions governing land use matters. A hybrid quasi-judicial proceeding allows
for in person participation and CMT participation as described in these procedures.
2. Ex parte communications.
All ex parte disclosures by the Board of County Commissioners or members of the
Planning Commission, or other body subject to ex parte communication disclosures (Quasi-
Judicial Body), who are appearing virtually, will be made in writing before the public hearing.
Unless waived by an individual Commissioner of the Board of County Commissioners, there will
be no ex parte communication by any party to the proceeding beginning five business days before
each public hearing. Staff will send the written disclosures electronically to the Applicant and any
person that requests a copy.
3. General procedures.
(a) Condition to Scheduling Hearing. When an Application has progressed to the point
of scheduling a quasi-judicial hearing (as determined by the County), Applicants shall choose either
(i) delaying consideration of their Application and proceeding with the public hearing, after the
declared emergency has ended, at a meeting that is not a hybrid virtual meeting; or (ii) proceeding
during the declared emergency, while the County conducts a hybrid virtual meeting, and waiving
Applicant’s right to contest any procedural irregularity. Such election by an Applicant shall be
provided in writing.
(b) Oaths. A person who appears remotely before the Quasi-Judicial Body who is not
a party or party-intervenor shall be allowed to testify before the Quasi-Judicial Body, subject to
control by the Quasi-Judicial Body, and may be requested to respond to questions from the Quasi-
Judicial Body, but shall not be sworn as a witness, is not subject to cross-examination, and is not
required to be qualified as an expert witness. The Quasi-Judicial Body shall assign weight and
credibility to such testimony as it deems appropriate. A party or party-intervenor in a quasi-judicial
proceeding on local government land use matters, upon request by another party or party-intervenor,
shall be sworn as a witness, shall be subject to cross-examination by other parties or party-
intervenors, and shall be required to be qualified as an expert witness, as appropriate. Each Staff
person participating remotely may be sworn one time for all quasi-judicial proceedings during the
duration of the Declared Emergency.
11.E.2
Packet Pg. 106 Attachment: Collier procedures for hybrid virtual quasi-judicial hearings final (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
Rev. 5-15-20 Page 2 of 3
(c) Technical Malfunction During Hearing. In the event the County’s communications
media technology malfunctions during the Hybrid Virtual Quasi-Judicial Hearing, the County shall
use its best efforts to provide notice to all parties as to the date and time of the continuation of the
Hybrid Virtual Quasi-Judicial Hearing.
(d) Record. The Clerk shall maintain custody of all recordings of testimony, evidence,
and documents submitted into evidence at the Virtual Quasi-Judicial Hearing in the same manner
as for non-emergency quasi-judicial hearings.
(e) Notice. The notice of Hybrid Virtual Quasi-Judicial Hearing will provide the
instructions for accessing the meeting using CMT.
4. Hybrid Virtual Quasi-Judicial Hearing Procedures.
Public meetings conducted as hybrid virtual meetings will be conducted in accordance with
the procedures in County Resolution No. 98-167 subject to the following:
a) Quorum; Voting. Unless a physical quorum is required, any requirement that the
voting members be physically present at the meeting, either to vote or to be counted for quorum
requirements, is hereby waived for the duration of the declared State of Emergency provided that
a quorum of such members participate in the meeting by means of a hybrid virtual meeting. If there
is not a physical quorum present at the meeting, the Chairman or his designee will call the roll and
verbally verify that a quorum is present at the beginning of the meeting and all voting shall be
conducted verbally by roll call.
b) Staff and Applicant Participation. Unless waived by a majority of the voting
members of the Quasi-Judicial Body, the Applicant and its witnesses will attend the meeting in
person. Staff and its witnesses may attend in person or electronically.
c) General Public. The public may attend in person or electronically. All public
comment or participation will be limited to a maximum of 3 minutes, unless the Chairman, in their
discretion allows additional time. Remote participants will not be allowed to receive speaking time
from another speaker or to provide speaking time to another speaker. Remote participation is
provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues.
d) Participation by way of electronic media. All speakers participating electronically
must be recognized by the Chair prior to speaking, and no more than one person will speak at the
same time. To facilitate the orderly conduct of the meeting, the C ounty will "mute" or otherwise
disable the lines of members of the public until such time as they are recognized to speak. Interested
persons desiring to provide public comment should comply with the directions provided in the
meeting notice and/or otherwise described by the Chair and/or County staff operating the electronic
media. Electronic participants will be placed in a queue on a first-come, first serve basis, and will
be notified by a member of County staff when they will be permitted to speak.
11.E.2
Packet Pg. 107 Attachment: Collier procedures for hybrid virtual quasi-judicial hearings final (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)
Rev. 5-15-20 Page 3 of 3
(e) Order of presentation. The initial presentation will be by Applicant followed by
Staff’s presentation. Applicant and Staff are limited to the use of Powerpoint. Unless approved by
the Chair, a visualizer will not be available.
5. Technical Information for CMT Quasi-Judicial Hearings.
(a) Participating in the Virtual Quasi-Judicial Public Meeting. Individuals who would
like to participate remotely, should register in advance through the link provided on the front page of
the county website at www.colliercountyfl.gov. Individuals who register will receive an email in
advance of the public hearing detailing how they can participate remotely in this meeting. Virtual
meeting attendees will be able to hear the members of the Quasi-Judicial Body and other persons
when speaking.
(b) Viewing the Virtual Quasi-Judicial Public Meeting. The meeting may be viewed
online via livestreaming at www.colliercountyfl.gov. or live on Comcast Channel 97, within the
County limits. The public will be able to listen to the meeting, but no comments can be made
without registering in advance in accordance with the prescribed procedure.
11.E.2
Packet Pg. 108 Attachment: Collier procedures for hybrid virtual quasi-judicial hearings final (12399 : Hybrid Virtual Quasi-Judicial Hearing Procedures)