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HomeMy WebLinkAboutResolution 13 243RESOLUTION 13-243 REGARDING AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO BE HEARD BEFORE COUNTY ADVISORY BOARDS, COMMISSION, AND COMMITTEES WHEREAS, in 2013 the Florida Legislative passed and the Governor signed Chapter 2013-227, Laws of Florida, which, effective October 1, 2013, requires the members of the public be given a reasonable opportunity to be heard on a proposition before a Sunshine board or commission; and WHEREAS, Chapter 2013-227, Laws of Florida, codified at section 286.0114, Florida Statutes, provides that the opportunity to be heard on such a proposition shall be subject to certain rules and policies adopted by the board or commission; and WHEREAS, the St. Lucie County Board of County Commissioners ("Board") finds it is advisable to adopt its own rules and policies applicable to County advisory boards, commissions and committees in conformity with the scope and limitation allowed in Section 286.0114, Florida Statutes, to be used by ali boards, commissions,. and committees under its authority (hereafter called "Sunshine Boards"). BE IT RESOLVED BY THE_ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Proposition: For purposes of the rules and policies in section 2, herein, the term "proposition" shall have the same meaning as a proposition described under Section 286.0114, Florida Statutes, but shall not include any of the enumerated items set forth in Subsection 286.0114(3), Florida Statutes. Section 2. Q.pnortunity to be Heard: As provided in Subsection 286.0114(5), Florida Statutes, the Board does. hereby adopt the following rules and policies governing the opportunity for members of the public to be heard on a proposition before all Sunshine boards that are under the Board's authority: (a) Each published agenda for a Sunshine board meeting where action is proposed to be taken shall include a period at the beginning of each meeting for public comment to afford citizens the opportunity to speak before the Sunshine board on a proposition before the-Board. (b) The requirements of subsection 2(a), above, do 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 public comment requirement would cause an unreasonable delay in the ability of the board or commission to act; 2. An official act involving not more than a ministerial act, including but not limited to, approval of minutes and ceremonial proclamations; 3. A meeting that is exempt from Section 286.011, Florida Statutes; 4. An informal meeting or work session where no official action on a proposition will be taken; or 5. A meeting during which the Sunshine board is acting in aquasi-judicial capacity. This paragraph does not affect the right of a person to be heard otherwise provided by law. (c) Each individual desiring- to address the Sunshine board on a proposition under "General Public Comment" may have up to three minutes to speak. Each -1- individual desiring to address the Sunshine board on a proposition at an advertised public hearing may have up to five minutes to speak. (d) The Chair is authorized to modify speaker limits and otherwise control .presentations to avoid repetition. Section 3. Nonagenda Items: A nonagenda item shall be defined as any item that is not on the printed agenda or any printed supplemental agenda that requires Board action, Nonagenda items shall be introduced only when deemed by the Sunshine board Chairperson or another Sunshine board member to require urgent attention. (a) Adequate information shall be given to all Sunshine board members on nonagenda items that are being requested. (b) The procedure for the public's right to be heard, described in Section 2, above, shall be followed prior to the Sunshine board taking action on a nonagenda item, unless compliance with Section 2, above, would cause an unreasonable relay in the ability of the Sunshine board to act in a situation affecting the public health, welfare or safety. (c) A vote of a majority of Sunshine board members shall be required to pass a nonagenda item. Section 4. Addressing the Governing Board; Decorum: Members of the public or non-agency personnel seeking to address the Governing board or Sunshine board should prepare their remarks before addressing the Governing board or Sunshine board in an effort to be concise and to the point. Speakers must come to the lectern to speak, but they may come to the lectern only after they have been recognized by the presiding Chair. Members of the public shall not address individual members of the governing board orindividual members of a Sunshine board but shall address the board or committee being addressed as a whole through the presiding Chair.. Any speaker who becomes unruly, screams, uses profanity, or shows poor conduct, may be asked to leave the lectern and return to the speaker's seat by the presiding Chair. Should the speaker refuse to leave the lectern and return to speaker's seat, the Chair, as the presiding officer, may rule the speaker °out of order." Should the speaker still refuse to leave the lectern and return to the speaker's seat, the Chair may ask a law enforcement officer to remove the speaker from the meeting. Section 5. This resolution shall take effect o January 1, 2014 j .., PASSED AND DULY-ADOPTED this 3 day of ~ ~ ~~~~'~~ 201 BOARD OF COUNTY COMM SIGNERS ST. L CI OUNTY, FL DA f BY Chair APPROVE S TO FORM AND CORREC/TN ~~~ BY: G ~ Coun Attorn i' -2-