HomeMy WebLinkAboutResolution No. 2013-24 RESOLUTION NO.2013-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING A POLICY
REGARDING AFFORDING THE PUBLIC A REASONABLE
OPPORTUNITY TO BE HEARD ON PROPOSITIONS PRESENTED FOR
FINAL OFFICIAL ACTION AT CITY COUNCIL AND OTHER CITY
BOARD OR COMMITTEE MEETINGS IN COMPLIANCE WITH SECTION
286.0114, FLORIDA STATUTES; PROVIDING FOR DISTRIBUTION OF
THIS RESOLUTION TO ALL CITY BOARDS AND COMMITTEES FOR
IMPLEMENTATION AND ACTIONS CONSISTENT HEREWITH;
PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT
RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified at Section
286.0114,Florida Statutes, with an effective date of October 1, 2013; and
WHEREAS, Section 286.0114, Florida Statutes, provides that members of the public
shall be given a reasonable opportunity to be heard on a proposition before a board or
commission; and
WHEREAS, Section 286.0114(1), Florida Statutes, defines "board or commission" as a
board or commission of any state agency or authority or of any agency or authority of a county,
municipal corporation, or political subdivision; and
WHEREAS, the legislative history of Section 286.0114, Florida Statutes, provides that
it is intended to be consistent with Section 286.011(1), Florida Statutes, which provides 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 taken are declared to be public meetings open to the public at all times..."; and
WHEREAS, a "reasonable opportunity to be heard" pursuant to Section 286.0114,
Florida Statutes, 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
decision making process and is within reasonable proximity in time before the meeting at which
the board or commission takes the official action; and
WHEREAS, the requirement under Section 286.0114, Florida Statutes, that the public
shall be given a reasonable opportunity to be heard does not prohibit a board or commission from
maintaining orderly conduct or proper decorum in a public meeting; and
WHEREAS, the opportunity to be heard is subject to rules or policies adopted by the
board or commission, as provided in Section 286.0114(4),Florida Statutes; and
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Resolution No.2013-24
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WHEREAS, the opportunity to be heard requirement does not apply to certain actions of
a board or commission, as provided in Section 286.0114(3),Florida Statutes; and
WHEREAS, the circuit courts have jurisdiction to enforce Section 286.0114, Florida
Statutes; and
WHEREAS, Section 286.0114, Florida Statutes provides that 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.
WHEREAS, the City Council hereby finds that it is in the best interests of the City and
the public health, safety and welfare to adopt this Resolution to provide supplemental procedures
for City Council and other City board and committee meetings for purposes of complying with
Section 286.0114, Florida Statutes.
NOW, THEREFORE,be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by this reference.
SECTION 2. Supplemental Public Input Procedures. The City Council of the City
of Cape Canaveral hereby adopts the following procedure affording members of the public a
reasonable opportunity to be heard on propositions presented for final official action at City
Council and other City board and committee meetings in accordance with Section 286.0114,
Florida Statutes, as follows:
1. Public Comments on Agenda Items. Agendas shall be ordered in a manner that
allows public comments on agenda items at the beginning of each City Council
and other City board and committee meeting prior to the Council, board or
committee voting on a proposition that is on the agenda for final official action,
except as provided in Sections 2 and 3 of this Resolution.
2. Statutory Exceptions. As provided in Section 286.0114, Florida Statutes, public
comment will not be required on the following propositions:
a. Emergency items, meaning an official act that must be taken to deal with an
emergency situation affecting the public health, welfare, or safety, if
compliance with Section 286.0114, Florida Statutes, would cause an
unreasonable delay in the ability of the Council, board or committee to act;
b. Ministerial items, meaning an official act involving no more than a ministerial
act, including, but not limited to, approval of minutes and ceremonial
proclamations. Ministerial items also include motions or questions of
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parliamentary procedure that do not result in a final official action of an item
before the Council;
c. Quasi-judicial items.
3. Public Hearing Items. Public comments on public hearing agenda items will be
taken at such time the item is presented and considered by the Council, board or
committee unless otherwise permitted by the Council, board or committee at the
beginning of the meeting or at such time the public hearing is continued.
4. Propositions Not on the Agenda. If a proposition is considered by the City
Council or other City board or committee at a scheduled meeting, which is not
listed on the agenda, and consideration shall constitute final official council,
board or committee action, then the Mayor or presiding officer will offer the
public an opportunity to speak to that item before the decision is made. However,
{ if final official action on the proposition will occur at a subsequent council, board
or committee meeting, the Mayor or presiding officer will offer the public an
opportunity to speak to that item at the meeting at which the council, board or
committee takes final official action on the proposition subject to the applicable
provisions of this Resolution.
5. City Council and other City Board or Committee Workshops. The City Council
and other City boards and committees hold workshops to consider certain items
which are not ready for official action. The public is always welcome to attend,
and is welcome to provide comments regarding workshop items to the City
Council or City board or committee and Staff outside a meeting. Typically
workshops provide the City Council and City boards or committees an
opportunity to discuss the topic of the workshop among themselves and with City
staff. Public comment will not be heard at workshops unless authorized by
majority vote of the City Council or City board or committee,but public comment
on workshop items will be taken at the very next regular City Council or City
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board or committee meeting following the workshop during the public comment
portion of the meeting on that item.
6. Exempt Meetings. Public comments will not be taken at meetings that are
exempt from the Sunshine Law and not open to the public including, but not
limited to, attorney-client executive sessions, security meetings, and collective
bargaining negotiation meetings of the City Council and the City's executive
negotiating representatives.
7. Designated Speaker Time Periods. Unless otherwise provided by a more
specific City Council or City board or committee rule, public comment shall be
limited to three (3) minutes per speaker. The City Council or City board or
committee may adjust this time period by majority vote in order to ensure the
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meeting is conducted in an orderly and efficient manner and all persons desiring
to speak are afforded a reasonable opportunity to be heard.
8. Savings Clause. The failure of the City Council, City board or committee, or the
Mayor or presiding officer to abide by the provisions of this Resolution shall not
have any adverse effect on any final official action made by a majority vote of the
City Council or City board or committee.
9. Speaker Forms. The City Clerk's office is authorized to prepare forms for an
individual to use in order to inform the City Council and other City boards and
committees of a desire to be heard; to indicate the individual's support,
opposition, or neutrality on a proposition; and to indicate the individual's
designation of a representative to speak for him or her or his or her group on a
proposition if the individual so chooses.
SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council are hereby expressly repealed to the extent of the
conflict.
SECTION 4. Severability. If any section, clause, phrase, word, or provision of this
Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct,
and independent provision, and such holding shall not affect the validity of the remaining
portions of this Resolution.
SECTION 5. Distribution. This Resolution shall be distributed to all City boards and
committees for immediate implementation and action consistent with the provisions set forth
herein.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon its
adoption.
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ADOglii4V4iifilii&cityrouncil of the City of Cape Canaveral, Florida, this 15th day of
October 3.
I_ � , Rocky Randels, Mayor
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Name For Against
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Angel Apperson, ,Assistant John Bond Motion
City Manager/City Clerk
Robert Hoog Second
Buzz Petsos X
Rocky Randels X
Betty Walsh X
Approved as to legal form and sufficiency
for the C. f Cape Canaveral only by:
f's
Anthony A. Garganese, City Attorney
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Resolution No.2013-24
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