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HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_12/12/1996 • -1. • JONES, FOSTER, JOHNSTON & STUB ATTORNEYS AND COUNSELORS Villa FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE LARRY B.ALEXANDER MICHAEL T.KRANZ ELEVENTH FLOOR CARL ANGELOFF JOHN BLAIR McCRACKEN WEST PALM BEACH,FLORIDA 33401 M.TRACEY BIAGIOTTI - SCOTT L.MCMULLEN CLAY C.BROOKER DAVIO PRATT P.O. BOX 3475 JOYCE A.CONWAY JOHN C.RANDOLPH Village Manaer MARGARET L COOPER STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 O E NES EDWARD DIAZ PETER A.SACHS b .$ 11 1 3 REBECCA G.DOANE D.CULVER SMITH M (561)859-3000 CHRISTOPHER S.DUKE SIDNEYJL STUSBS FAX:(561)832-1454 . OLFE N.MICHAEL EASLEY ALLEN R.TOMLINSON 1933-1991 SCOTT O.HAWKINS JOHN S.TRIMPER THORNTON M.HENRY BRIAN K.WAXMAN WRITER'S DIRECT UNE: RETIRED WILLIAM A.FOSTER PETER S.HOLTON H.ADAMS WEAVER MARK B.KLEINFELD OF COUNSEL L.MARTIN FLANAGAN JACK A.PLISCO November 14, 1996 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Quasi-Judicial Proceedings Our File No. 13153 .1 Dear Tom: I am providing you with a copy of revised Florida Statute Section 286 .0115 which relates to quasi-judicial proceedings on local government land use maters. This law took effect October 1, 1996, and is applicable for those local governmental entities who wish to • adopt it by way of resolution or ordinance. You will note that the primary changes to the law which we already have in effect in the .Village come at sections (2) (a) , (b) and (c) which are underlined. The purpose of this letter is to simply advise you, the Mayor and Village Council of this new law, in the event you wish to consider incorporating this new language into a resolution. Sincerely, JONES, i.TER, JOHNSTON & STUBBS, P.A. .hn C. Randolph JCR\ssm Enclosure Ch. 96-324 LAWS OF FLORIDA Ch. 96-324 Ch. 96-324 LAWS OF FLORIDA Ch. 96-324 1. Provision Providing for payment in full of all payments due or to come (1) The front or square footage of each parcel of land; or due on debt obligations, pension payments, and all payments and charges imposed or mandated by federal or state law and for all judgments and past (2) An alternative methodology, so long as the amount of the assessment due accounts,as priority items of expenditures. for each parcel of land is not in excess of the proportional benefits as compared to other assessments on other parcels of land. 2. Establishment of a basis of priority budgeting or zero-based budgeting, so as to eliminate low-priority Section 31. Section 286.0115, Florida Statutes, is amended to read: ity items that,whisk are not affordable. ,286.0115 Access to local public officials;Quasi-iudicial proceedings on local 3. The prohibition of a level of operations which can be government land use matters.— sustained only with nonrecurring revenues. (1W AU HORIT-. A county or municipality may adopt an ordinance (4) During the financial emergency period, the local governmental entity or resolution removing the presumption of prejudice from ex parte communi- cations with local public officials by establishing a process to disclose ex parte thecommunications with such officials pursuant to this subsection section or by prior provisions of the United States Constitution except with open ap- adopting an alternative process for such disclosure. However,this subsection proval of the Governor. section does not require a county or municipality to adopt any ordinance or Section 28. Section 218.504,Florida Statutes,is amended to read: resolution establishing a disclosure process. j)2)( DEFINITION.—As used in this subsection section,the term"local 218.504 Cessation of state action.—The Governor hal shall•-have the au- public official"means any elected or appointed public official holding a county thority to terminate all state actions pursuant toss.218.50-218.504.Cessation or municipal office who recommends or takes quasi-judicial action as a mem- of state action jnust shall not occur until the Governor has determined that: ber of a board or commission. The term does not include a member of the board or commission of any state agency or authority. (1) The unit-of local governmental entity government: )(3) ACCESS-nERMITTED Any person not otherwise prohibited by (a) Has established and is operating an effective financial accounting and statute, charter provision, or ordinance may discuss with any local public reporting system. official the merits of any matter on which action may be taken by any board or commission on which the local public official is a member. If adopted by (b) Has corrected or eliminated the fiscal emergency conditions outlined county or municipal ordinance or resolution,adherence to the following proce- in s. 218.503. dures shall remove the presumption of prejudice arising from ex parte commu- nications with local public officials. (2) No new fiscal emergency conditions exist. Section 29. Each countyand municipality shall annuallyprovide the De- �c The substance uf any diex parte communication with a local public p y official which relates to quasi-judicial action pending before the official is not partment of Transportation with uniform program data.The data must con- presumed prejudicial to the action if the subject of the communication and the form to the local governmental entity's fiscal year and must include,but need identity of the person, group, or entity with whom the communication took not be limited to,details on transportation receipts and expenditures and on place is disclosed and made a part of the record before final action on the the number of miles of road for which the local governmental entity is respon- matter. Bible.The Department of Transportation shall inform each local governmental entity of the method and format for submitting the data.The Department of 1414 A local public official may read a written communication from any Transportation shall compile the data and shall furnish the compilation,of person.However,a written communication that relates to quasi-judicial action data to any interested person upon request. pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record Section 30. Section 170.201,Florida Statutes, is created to read: before final action on the matter. 170.201 Special assessments.—In addition to other lawful authority to levy 3,4e Local public officials may conduct investigations and site visits and and collect special assessments,the governing body of a municipality may levy may receive expert opinions regarding quasi-judicial action pending before and collect special assessments to fund capital improvements and municipal them. Such activities shall not be presumed prejudicial to the action if the services, including, but not limited to, fire protection, emergency medical existence of the investigation,site visit,or expert opinion is made a part of the services,garbage disposal,sewer improvement,street improvement,and park- record before final action on the matter. ing facilities. The governing body of a municipality may apportion costa of 4.,(4 Disclosure made pursuant to subparagraphs 1..2..and 3.paragraphs such special assessments based on: )rand--(c) must be made before or during the public meeting at which 24 25 CODING: Words strikes are deletions;words underlined are additions. CODING: Words stfikes are deletions; words underlined are additions. 251 Ch. 96-324 LAWS OF FLORIDA Ch. 96-324 252 a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication.This subsection sec- tion does not subject local public officials to part III of chapter 112 for not complying with this paragraph subsection. (2)(a) Notwithstanding the provisions of subsection(1).a county or munic- ipality may adopt an ordinance or resolution establishing the procedures and provisions of this subsection for quasi-iudicial proceedings on local govern- ment land use matters.The ordinance or resolution shall provide procedures and provisions identical to this subsection.However,this subsection does not require a county or municipality to adopt sucl an ordinance or resolution,. (b) In a auasi-iudicial proceeding on local government land use matters. person who appears before the decisionmaking body who is not a party or party-intervenor shall be allowed to testify before the decisionmaking body, subject to control by the decisionmaking body. and may be requested to respond to questions from the decisionmaking body.but need not be sworn as a witness._is not required to be subject to cross-examination.and is not re- quired to be qualified as an expert witness, The decisionmaking body shall assign weight and credibility to such testimony as it deems appropriate. A • party or party-intervenor in a quasi-iudicial proceeding on local government land use matters.upon reauest 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 aualified as an expert witness, cis appropriate, (c) In a quasi-judicial proceeding on local government land use matters,q person may not be precluded from communicating directly with a member of the decisionmaking body by application of ex parte communication prohibi- tions.Disclosure of such communications by a member of the decisionmaking body is not required.and such nondisclosure shall not be presumed Dreludicial to the decision of the decisionmaking body.All decisions of the decisionmaking body in a quasi-judicial Proceeding on local government land use matters must he supported by substantial.competent evidence in the record pertinent to the proceeding. irrespective of such communications, jay RULES. This section does not restrict the authority of any board or commission to establish rules or procedures governing public hearings or contacts with local public officials. Section 32. This act shall take effect October 1, 1996. Became a law without the Governor's approval May 31, 1996. Filed in Office Secretary of State May 30, 1996. 26 CODING: Words sirikea are deletions;words underlined are additions. VILLAGE OF TEQUESTA r;fdi /;�' Post Office Box 32-3 • S- Teque;t.i I)rive ;ZW. �.�� � o Tequesta, FloricL•t 33.409-02-3 • (it, ) ;;-h_2(x) (i61) i�i?tt3 N eO November 19, 1996 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 3475 West Palm Beach, Florida 33402-3475 Re: Quasi-Judicial Proceedings Dear Skip: This is in response to your letter dated November 14, 1996, regarding the above referenced subject. . It is my recollection that the Village Council adopted a Resolution relative to quasi-judicial proceedings relative to local government land use matters . Accordingly, I believe we should adopt a new resolution that would cause our procedures to comply with the new Florida Statute Section 286.0115 . Would you be so kind as to draft such a resolution and forward it to me for consideration by the Village Council at their meeting on December 12, 1996 . Should you have any questions in regard to this request, please contact me at your convenience. Sincerely, Thomas G. Bradford Village Manager TGB/cm c: Scott D. Ladd, Building Official, w/attachment attorney\111996 JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND ooUNSELoRB FLAMER CENTER TOWER 606 SOUTH FLAOLE1 DRIVE ,t I ALammI yiaumr.,QWQ ELEVENTH FLOOR JONN Y�/�G12N WEST PALM BEACH.FLORIDA 37401 HMW F.L1yE MML �V• a UQQ KMJIfR Otn T L I&I FN ALtlCf.m W C.6f10VNElI QAYIO FMTf WRY maws:*��' A.m JWA OHN c.K�NDOlr1 P.O. BOX 3476 uw.tw ..roc. P A WEST PALM BEACH.FLORIDA 7340za176 • E O E.u,KE M ONEY A. te+v bII (551)5S .3OOo ~ttfw,w�l'� I.EKa.EY ALLEN R.�bMu1iON . FAX:(681)572-1464 .AUL C.WOIFE �1 ear IIENp1le.rwYMA MW+m �' U.N M.I M y MIER'S DIRECT LINE:IL WAXMAN rM A.R !KiF1NFg,�,p WLLIAY A.FO{Tlll OF comm. L YMTN FLAN11LiAI. JACA A PUBCO December 5, 1996 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 viliaoe of Tequesta Tequesta, Florida 33469-0273 RE: Village of Tequesta PLC 5 1996 OLfir File No. 13153 .1 \':'Tags Managers Office Dear Tom: Enclosed for your consideration and the consideration of the Village Council is draft Resolution incorporating the provisions of Florida Statute 286.0115. Please call me if you have any questions. Sincerely, JONES, e TER, JOHNSTON & STUBBS, P.A. 404 -4gi John C.; Randolph O'CR\ssm . • 1 I • • RESOLUTION NO. 4-96/97 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, • FLORIDA, AUTHORIZING EX PARTE COMMUNICATIONS IN QUASI-JUDICIAL MATTERS RELATING TO THE VILLAGE OF TEQUESTA COUNCIL, ITS COMMISSIONS AND BOARDS, PURSUANT TO THE TERMS OF FLORIDA STATUTE 286.0115 ATTACHED HERETO; PROVIDING AN i EFFECTIVE DATE. WHEREAS, the Florida legislature, has amended Florida Statute 286.0115 relating to quasi-judicial proceedings on local government ' land use matters; and I WHEREAS, the Village Council of the Village of Tequesta wishes to adopt the disclosure requirements contained within the provisions of Florida Statute 286.0115. NOW, TuEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE I VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: I Section ', The Village hereby adopts the provisions of 1. Florida Statute 286.0115, relating to quasi-judicial proceedings on local provideI government land use matters so as to that ex parte j jlcommunications in regard to such matters shall not be presumed il prejudicial. 11 Section 2. The Village hereby adopts the following 1 I' disclosure requirements incorporated within Florida Statute j !I ii 286.0115_ r I 1; A. The substance of any ex parte communication with a I ;. local public official which relates to quasi- i d judicial action pending before the official, is not i ,I !; _ presumed prejudicial to the action if the subject jl of the communication and the identity of the I I '1 0 I •I person, group or entity with whom the communication took place is disclosed and made a part of the ii record before final action on the matter. ' B. . A local public official may read a written communication from any person. However, a written communication that relates to a quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the I record before final action on the matter. I C. Local public officials may conduct investigations • and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed I ' prejudicial to the action if the existence of the investigation, site visit, or expert opinion is r' I Ii made a part of the record before final action on I i the matter. i I ara Pgraphs A, H and C D. Disclosure made pursuant to r I II must be made before or during the public meeting at I 11 which a vote is taken on such matters, so that persons who have opinions contrary to those is expressed in the ex parte communication are given a I i �' reasonable opportunityr to refute or respond to the I i communication. I II I I. 2 H . I i i ii I; Section 3. Notwithstanding the provisions of Section 2 hereof, the following provisions shall apply to quasi-judicial proceedings relating to local government land use matters: . A. In a quasi-judicial proceeding on local government i. land use matters, a person who appears before the I; decisionmaking body who is not a party or party- : intervenor shall be allowed to testify before the decisionmaking body, subject to control by the decisionmaking body, and may be requested to respond to questions from the decisionmaking body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The I decisionmaking body shall assig n weight and • credibility to such testimony as it deems appropriate. A party or party-intervenor in a i quasi- judicial proceeding on local government land I ±� use matters, upon request by another party or jl I II party-intervenor, shall . be sworn as a witness, i 1 ., shall be subject to cross-examination by other �; parties or party-intervenors, and shall be required I �� to be qualified as an expert witness, as 11 appropriate. j li( i r iiii B. In a quasi-judicial proceeding on local government land use matters, a person may not be precluded I! from communicating directly with a member of the 0 111 3 F i� 1 1 decisionmaking body or by application of ex parte Communication prohibitions, Disclosure of such communications by a member of the decisionmaking 1 body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the • i decisionmaking body. All decisions of the decisionmaking body in a quasi-judicial proceeding on local government land use matters must be I supported by substantial, competent evidence in the 1 record pertinent to the proceeding, irrespective of such communications. Sectim-1.. This Resolution shall become effective immediately upon passage. TIM FOREGOING RESOLUTION was offered by Councilmember III , who moved its adoption. The Resolution was seconded by Councilmember _ and upon being put to a vote, the vote was as follows: !I FOR ADOPTWN AGAINST ADOPTION 1I Ii 4 The Mayor thereupon declared the Resolution duly passed and adopted this dayof 1996. !! i MAYOR OF TEQUESTA ' I Ron T. Mackail 1 ATTEST: ii Village Clerk JCR\13153-01\RESOLU=I.ES(2 • • • •i II • 5 it • • {1) 'natant err square helm deeds pascal etf teems;or _ .:. .�.�, , • .• . .► , , , ,r.r.�-Trrt l ., . a . Fears* parcetoTlandls notln excess ottlu prnpor tvnelbenelita as compared �frA T'�ratite or respond to the communication. his palmation see- to other assessments on other parcels of land. t+an does not subject local public officials to part III of chapter 112 for not t complying with this Daraerenh subsection. r r Section 31. Section 288.0116,Florida Statutes,le amended to reed: (2i(el Notwithatandinfthe provisions ofaubse tion fn.a county ormunic- c ‘Q1380116.A topeal ublicofficiale;auaei-iudlcisinroceedingeonload • - c lien . .. ,r •vrf .r . ill ,. .�.,., . , t . . ,. sc4erti ere laic 8'rrtat ' provision;of this-subsection for ausai-iu•(c al nroceedinds on focal rn- merpt Ian _use maw.Thnyrdltpnce or resolution shell Provide vrocedurr (i) A county or municipality may adapt an ordinance and oroylanE!.(denticel to this subsection However this automation do s not or resolution removingthe presumption of prejudice from al parte oommunl- rewrite a county onunicioelity to adopt euci en ordinance or resoluti ,- cations with local purz on, public officials by establishing a process to d iecloee ex parte G communications with such officials pursuant to!hie eeotiaa`or by fill in aueei lndiclai proceeding on local rovernment land usesnettere.e ado thi an alternative process for such disclosure. owI r,this ubeectlon, person who aanes befog he dreidonmaline body who is not a arty pr - seottes►doe not require a county or municipality to adopt any oldinanoe or oath-intervenor a�I1 be al owed to etifv before the deciei nmeki=biddy L resolution establishing a disclosure process. rubiect to control by the ecl�i ionmakGn body, and may be ?minuted to c used In this motion,the term"local respond to Questions from the decietonmak ng body.but need not be ewom u r public official'means any elected or appoint public official holding a county 3 iced to.witness,'"not jffe required to be sots to croae-edect for al and body o el c- or municipal office who recommends or takes quasi-judicial action as a mem- bred to aha and�j credibility el 1a t expert witness The as deems am seep c maiden welirht_ansLcnd�b(ljsv to such testimony as it deems aagronrfate:.� c bar of a board or commission.The term does not Include a member of the 2Arty or party-intervenor in a a esi-in ciel proceeding n local eovernment board or commission of any state agency or authority. and usematters.upon reoueet by another party or vary-intervenor.shalt be prom as a witness.shall be subject to cross-examination by other particle or c j�{3} may discus s otherwise prohibited by arty-intervenors.and shell he reaufred to be qualified as in ezvert witness, statute, charter provision, or ordinance discuss with any local public � Q official the merits of any matter on which action may be taken by any board is azprooriete. t or commission on which the load public official is a member.If adopted by county or municipal ordinance or resolution,adherence to the following prose- lc) .In a aueai-iudicial proc-sedinp on local aoyentmen lanF ee matters.a nurse shall remove the presumption of prejudice arising from ex parte comma- lemon may not be PrecludedJrorncommunicetinr directly with a member of 9 he eciaio makine bodv by epvlicatlon of ex parte communication vrohib- oicatione with local public officials. 3 - c ;ions.Disclosure of such communications by a member of the decisionmaking C delThe substance of any ex parte communication with a local public body is not recuired.end such nondisclosure shall not be presumed preiudicial C l which relates to quasi-judicial action pending before the official is not post a decision of the deeisionmakinr body.All decisions of the deciaionmaki g c presumed prejudicial to the action if the subject of the communication and the body in a Quasi-iuulicia i oloceedins on local royernmcnt land use matters must, identity of the person,group,or entity with whom the communication took ae sunvorted byeubstantiel.competent evidence in the record_pertinentto the place is disclosed and made a part of the record before final action on the lroceedinr,irreanective of such communications, matter. ( RULES.—Thies section does not restrict the authority of any board 2.(b) A local public official may read a written communication from any 3r commission to establish rules or procedures governing public hearings or person.However,a written communication that relates to quasi-judicial action mntacts•with local public officials. pending before a local public official shell not be presumed prejudicial to the action,and such written communication shell be made a part of the record Section 92. This act shall take effect October 1, 1996. before final action on the matter. Became a law without the Governor's approval May 31, 1996. (S Local public officials may conduct investigations end Nita visite and Filed in Office Secretary of State May 90, 1996. may receive expert opinions regarding quasi-judicial action pending before them. Such activitiea shell not be presumed prejudicial to the action if the existence of the inveetigetlon,site visit,or expert opinion is made a put of the record before final action on the matter. 4,d Disclosure made pursuant to puboarsrrenhs 1..2..and 3,paragraphs - (a)rib),and-(a)must be made before or during the public meeting et which 25 28 CODING: Words slailisa an deletions;wads yodsriinsd are additions. 251 CODING: Words striiren are deletions;words underlined are additions.