HomeMy WebLinkAbout17-166RESOLUTION NO. 17-166
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, AMENDING RESOLUTION NO. 95-235 BY AMENDING THE EX PARTE
COMMUNICATIONS POLICY
WHEREAS, in the case of Jennings v. Dade County, So. 2d 1227 (Fla. 31d DCA 1991), the Third
District Court of Appeal held that an allegation of prejudice resulting from ex parte contact with the
decision makers in a quasi-judicial proceeding states a cause of action; and,
WHEREAS, the 1995 Florida Legislature adopted Chapter 95-353, Laws of Florida, which
authorized a county to adopt an ordinance or resolution establishing a process to disclose ex parte
communications; and,
WHEREAS, on November 14, 1995, the Board of County Commissioners adopted Resolution No.
95-235 which established a policy concerning ex parte communications; and,
WHEREAS, the list of decision included under the definition of "Quasi -Judicial Proceedings" set
forth in Resolution No. 95-235 includes land use amendments of the comprehensive plan's Future Land
Use Map affecting specific parcels; and,
WHEREAS, it is necessary to amend Resolution No. 95-235 to delete land use amendments from
the definition of "Quasi -Judicial Proceedings" based upon the decision rendered by the Florida Supreme
Court in the case of Martin County v. Yusem, 690 So. 2d 1299 (FL 1997).
NOW, THEREFORE, BE IT RESOLVED:
I. Resolution No. 95-235 is hereby amended by amending the definition of "Quasi -Judicial
Proceedings" as follows:
1.a Definitions:
Quasi -Judicial Proceedings—shall include a public hearing or meeting involving decision
makers and the following decisions:
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(a) planned development site plan determination;
(b) conditional use permit:
(c) variance;
(d) rezoning of a specific parcel;
kE4 '.;;Rd- ---Se a R; e A al Aq eint AS f the eempFehensive Plan's FutuFe land Use Map
-.ffer-t,ng a !peeifie Is a r rz e1;
4qL) code enforcement wieaate violation (Code Enforcement Board);
{g3ff I appeals of a decision of an administrative official;
Njg� enforcement proceedings with respect to the environmental regulations
set out in Section 11.13.01 of the St. Lucie County Land Development
Code;
k4Uh disciplinary proceedings conducted by the St. Lucie County Contractor's
Examining Board in accordance with Section 25 2910-66 and 2 5 2110-
67 of the St. Lucie County Code of Ordinances and Compiled"Laws; or,
Development of Regional Impact development order.
Quasi-judicial decision shall not include the adoption or general amendment of the
comprehensive plan or element (including the goals, objections and policies) thereof;
the amendment of the comprehensive plan's Future Land Use Mao affecting a specific
parcel: the adoption or general amendment of the land development code or chapter
thereof, the adoption or amendment of generalized land use or zoning maps; or the
adoption or amendment of other general planning and zoning ordinances.
2. This resolution shall take effect immediately upon its adoption.
PASSED DULY ADOPTED on this 15 day of August 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
N By:
Deputy Clerk Chair an
APPROVED AS TO FORM AND
CORRECTNESS
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