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HomeMy WebLinkAboutDocumentation_Regular_Tab 9C_1/9/1997 • a cid • JONES, FOSTER, JOHNSTON & STUB! ATTORNEYS AND COUNSELORS Villa€ FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR WIRY B.ALEXANDER MICHAEL T.KRANZ WEST PALM BEACH,FLORIDA 33401 •CARL ANOELOFF JOHN BWR McCRACKEN O M.TRACEY BIAGIOTTI SCOTT L.McMULLEN HARRY ALLISON OHNSTON CLAY C.BROOKER DAVID PRATT P.O. BOX 3475 1893-1 JOYCE A.CONWAY JOHN C.RANDOLPH Village Manager's �'q�p E NES MARGARET L COOPER STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 g ger's VI1J1 EDWARD DIAZ PETER A.SACHS VIL1 REBECCA G.DOANE' 0.CULVER SMITH III (561)859-3000 CHR19TOPHER S.DUKE SIDNEY A STUBBS FAX:(581)832-1454 oLFE H.MICHAEL EASLEY ALLEN R.TOMLINSON 1933.1991 SCOTT G.HAWKINS JOHN S.TRIMPER THORNTON M.HENRY BRIAN K.WAXMAN RETIRED PETER S.HOLTON H.ADAMS WEAVER WRITER'S DIRECT LINE: WILLIAM A.FOSTER 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, ;TER, JOHNSTON & STUBBS, P.A. j• - A •hn C. Randolph JCR\ssm Enclosure Ch. 98-324 LAWS OF FLORIDA Ch. 98-324 Ch. 96-324 LAWS OF FLORIDA Ch. 98-324 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 (2) An alternative methodolo so longas the amount of the assessment imposed or mandated by federal or state law and for all judgments and past gyp dtie 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 gig whish are not affordable. 8A1115 :Act to local public officials;.quasi-i rdicial proceedinae on local 3. The prohibition of a level of operations which can be government land use matters.— sustained only with nonrecurring revenues. (1)jj AUTHORITY. A county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communi- (4) During the financial emergency period, the local governmental entity cations with local public officials by establishing a process to disclose ex parte guver-wrwowtal--uwis may not seek application of laws under the bankruptcy communications with such officials pursuant to this subsection section or by provisions of the United States Constitution except with upon the prior 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 resolution establishing a disclosure process. Section 28. Section 218.504, Florida Statutes,is amended to read: DEFINITION.—As used in this subsection sestion,the term"local 218.504 Cessation of state action.—The Governor hgg shall-have the au- public official"means any elected or appointed public official holding a county thority to terminate all state actions pursuant to es.218.50-218.504.Cessation or municipal office who recommends or takes quasi-judicial action as a•nem- 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 gene +aetat: fc1 4 ACC I-EriMrmmET 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 prote- 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. j(a) The substance of any ex parte communication with a local public Section 29. Each county and municipality shall annually provide the De- 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 bejimited 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. sible.The Department of Transportation shall inform each local governmental 2(� A local public official may read a written communication any entity of the method and format for submitting the data.The Department of person.However,a written communication m yi read thatw relates to quasi-judicial fromscan Transportation shall compile the data and shall furnish the compilation of pending before a local public official shall not be presumed prejudicial to the data to any interested person upon request. 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. ,a.-(c) Local public officials may conduct investigations and site visits and 170.201 Special assessments.—In addition to other lawful authority to levy may receive expert opinions quasi-judicial pending and collect special assessments,the governing body of a municipality may levy m them. Such activities shall not regarding presumed prejudicial actionl to the actiondingif beforee and collect c ud specialn assessments it fund capital improvements me and en municy medical existence of the investigation,site visit,or expert opinion is made a part of the services, including, but not limited to, fire protection, emergency medical record before final action on the matter. services,garbage disposal,sewer improvement,street improvement,and park- ing facilities. The governing body of a municipality may apportion costs of 4,(4.) Disclosure made pursuant to subparagraphs 1..2.,and 3.paragraphs such special assessments based on: • (a),- )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 str+ken are deletions;words lintitLit di are additions. 251 • VILLAGE OF TEQUESTA • �•� office It x ;_''; • ;;- Teque t.i Drive e �. Teque>u. Fl('fl(J _3 1 i�)-')2-j • i;( l) c-5-(1�1 K) t ti�L\�''�i Fax: (i( l 1 ����I t{ fC ! 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 . e 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 Sc. STUBBS, P. A. ATTOrINEYS AND COUNSELORS FLAQLER CENTER TOWER Village of Tequesta 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR HENRY F. UENTHAL LARRY B.ALEXANDER MICHAEL T.KRANZ (� c 1 • 1982 CARL ANOELOFF JOHN BLAIR MCCRACKEN WEST PALM BEACH,FLORIDA 33401 DEC 0 6 199EI M.TRACEY BIAGIOTTI SCOTT L.MCMULLEN ARRY ALLI=•N JOHNSTON CLAY C.BROOKER DAVID PRATT P.O. BOX 3475 1.- 1993 JOYCE A.CONWAY JOHN C.RANDOLPH MAROARET L.COOPER _STEVEN J.ROTHMAN WEST PALM BEACH,FLORIDA 33402-3475 R.BRU•E JONES EDWARD OIAZ PETER A.SACHS CT -19N REBECCA G.DOANE D.CULVER SMITH IB (581)859-3000 \ i aO . anagerge 's Off•, •• WOLFS CHRISTOPHER S.DUKE SIDNEY A.STUBBS FAX:(581)832-1454 «.1991 H.MICHAEL EASLEY ALLEN R.TOMUNSON • SCOTT O.HAWKINS JOHN S.TRIMPER RETIRED THORNTON U.HENRY BRIAN K.WAXMAN WRITERS DIRECT UNE: WIwAM A.FOSTER PETER S.HOLTON H.ADAMS WEAVER MARK B.KLEINFELD OF COUNSEL L.MARTIN FI.ANAOAN JACK A.PUSCO • December 5, 1996 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Our File No. 13153 .1 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, FO TER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR\ssm .1 • iperson, group or entity with whom the communication took place is disclosed and made a part of the 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 record before final action on the matter. ij 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 prejudicial to the action if the existence of the • t, investigation, site visit, or expert opinion is made a part of the record before final action on the matter. D. Disclosure made pursuant to paragraphs A, B and C must be made before or during the public meeting at which 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. 2 \ i • ti 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 land use matters, a person who appears before the decisionmaking body who is not a party or party- i, 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 j! to be subject to cross-examination, and is not required to be qualified as an expert witness . The decisionmaking body shall assign weight and credibility to such testimony as it deems f\ I. 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, � f 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. B. In a quasi-judicial proceeding on local government land use matters, a person may not be precluded from communicating directly with a member of the 3 decisionmaking body or by application of ex parte communication prohibitions . Disclosure of such communications by a member of the decisionmaking body is not required, and such nondisclosure shall not be presumed prejudicial 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 be supported by substantial, competent evidence in the ii record pertinent to the proceeding, irrespective of such communications . Section 3 . This Resolution shall become effective 11 immediately' upon passage. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The Resolution , was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION • 4 The Mayor thereupon declared the Resolution duly passed and 111 adopted this 9th day of January , 1997 . MAYOR OF TEQUESTA Ron T. Mackail ATTEST: . • H • 11 Village Clerk • • I. JCR\13153-01\RESOLUTI.EX2 I • • • • • 5 The front or square footage of each parcel of land; or a vote is taken on such matters, so that persons who have opinions contrary ) An alternative methodology, so long as the amount of the assessment to those expressed in the ex parte communication are given a reasonable as compared opportunity to refute or respond to the communication. This subsection Goo-- each parcel of land is not in excess of the proportional benefitsIther assessments on other parcels of land. too does not subject local public officials to part III of chapter 112 for not complying with this paragraph subsection. action 31. Section 286.0115, Florida Statutes, is amended to read: (2)(a) Notwithstanding the provisions of subsection(1).a county or munic- 16.0115 ;.Access.to_local public officials;quasi-iudicial Proceedinee on local inaliity may adopt an ordinance or resolution establishing the procedures and =rnmerit land use matters.— provisions of this subsection for auasi-judicial proceedings on local govern- ment land use matters.The ordinance or resolution shall provide procedures Kai AUTHORITY—A county or municipality may adopt an ordinance and provisions identical to this subsection. However,this subsection does not :solution removing the presumption of prejudice from ex parte communi- require-a county or municipality to adopt sucl an ordinance or resolution, Dns with local public officials by establishing a process to disclose ex parte munications with such officials pursuant to this subsection section or by (b) In a auasi-iudicial proceeding on local government land use matters,ti pting an alternative process for such disclosure. However,this subsection person who appears before the decisionmaking body who is not a party or ion does not require a county or municipality to adopt any ordinance or party-intervenor shall be allowed to testify before the decisionmaking body. elution establishing a disclosure process. ;ubiect to control by the decisionmaking body. and may be reauested to respond to questions from the decisionmaking body.but need not be sworn as 1 As used in this subsection section,the term local j witness. is not reauired to be subject to cross-examination. and is not re- lic official"means any elected or appointed public official holding a county luired to be auelified as an expert witness. The decisionmaking body shall municipal office who recommends or takes,quasi-judicial action as a mem- ;amen weight and credibility to such testimony as it deems appropriate. !1, of a board or commission. The term does not include a member of the 3arty or party-intervenor in a auasi-iudicial proceeding on local government rd or commission of any state agency or authority. and use matters.upon reauest by another nartv or party-intervenor..shall be 1 ACCESS PERMITTED Any person not otherwise prohibited by ;worn as a witness.shall be subiect to cross-examination by other Parties or ute, charter provision, or ordinance may discuss with any local public party-intervenors.and shall be required to be auelified as an expert witness, Dial the merits of any matter on which action may be taken by any board is appropriate, :ommission on which the local public official is a member. If adopted by (c) .In aauasi-iudicial proceeding on local government land use matters. my or municipal ordinance or resolution,adherence to the following prose- 3erson may not be Precluded from communicating directly with a member of es shall remove the presumption of prejudice arising from ex parte comma- :he decisionmaking body by application of ex parte communication Prohibi- dions with local public officials. :ions.Disclosure of such communications by a member of the decisionmaking (a) The substance of any ex parte communication with a local public body is not required.and such nondisclosure shall not be Presumed Prejudicial :id which relates to quasi-judicial action pending before the official is not to the decision of the decisionmaking body.All decisions of the decisionmaking iumed prejudicial to the action if the subject of the communication and the body in a auasi-iudicial Proceeding on local government land use matters must itity of the person, group, or entity with whom the communication took le supported by substantial,competent evidence in the record Pertinent to the. :e is disclosed and made a part of the record before final action on the )roceedine. irrespective of such communications. :ter. I1444 RULES. This section does not restrict the authority of any board 4i4 A local public official may read a written communication from any - )r commission to establish rules or procedures governing public hearings or son.However,a written communication that relates to quasi-judicial action :ontacts with local public officials. ding before a local public official shall not be presumed prejudicial to the Section 32. This act shall take effect October 1, 1996. ion, and such written communication shall be made a part of the record ore final action on the matter. Became a law without the Governor's approval May 31, 1996. (c) Local public officials may conduct investigations and site visits and Filed in Office Secretary of State May 30, 1996. y receive expert opinions regarding quasi-judicial action pending before m. Such activities shall not be presumed prejudicial to the action if the ;tense of the investigation,site visit,or expert opinion is made a part of the Drd before final action on the matter. (4 � Disclosure made pursuant to subparagraphs 1..2,.and 3, s _(.b},-and--(c)must be made before or during the public meeting at which 25 26 CODING: Words striken are deletions;words underlined are additions. 251 CODING: Words stfiken are deletions;words underlined are additions.