§ 2-227. General rules on public participation.  


Latest version.
  • (a)

    Members of the public shall be given a reasonable opportunity to provide public comments on any action item before official action of a board or commission is taken.

    (b)

    Before official action is taken on an action item, the presiding official of the board of commission shall convene a public hearing to receive public comments from those in attendance. At the option of the board or commission, a public hearing may be convened to hear public comment regarding one (1) or more action items.

    (c)

    Each person desiring to give a public comment shall be given five (5) minutes to speak before the board or commission during the public hearing. The presiding official of the board or commission may, in his or her discretion:

    (1)

    Equitably extend additional time to any person to speak;

    (2)

    Equitably limit the amount of time for any person to speak, as may be reasonable under the circumstances, so as to increase the opportunity for other persons to speak;

    (3)

    Limit the total number of persons allowed to speak or the total time allotted for the public hearing, as may be reasonable under the circumstances, in order to eliminate duplicative or repetitive comments and further the expeditious resolution of public business; and

    (4)

    Take any action, as may be reasonable under the circumstances, in furtherance of civility, orderly conduct and maintenance of proper decorum consistent with a public meeting.

    (d)

    Notwithstanding the foregoing, no public hearing shall be required before a board or commission:

    (1)

    Acts on any ministerial item of business;

    (2)

    Entertains any workshop item of business;

    (3)

    Takes official action to deal with an emergency situation affecting the public health, welfare or safety, if compliance with this ordinance would cause an unreasonable delay in the ability of the board or commission to act;

    (4)

    Meets in any session exempt from F.S. § 286.011; or

    (5)

    Takes any quasi-judicial official action.

    (e)

    Each board or commission may develop rules or policies that prescribe:

    (1)

    Procedures for allowing representatives of groups or factions to address the board or commission, rather than all members of such groups or factions, at meetings in which a large number of persons wish to be heard;

    (2)

    Forms for persons to use in order to inform the board or commission of a desire to be heard during a public hearing, an indication of support, opposition or neutrality on an action item, or to designate a representative to speak during a public hearing on his or her behalf or on behalf of a group or faction to which such an individual may designate to speak on his or her behalf; and

    (3)

    A specific time for public comments on action items.

    (f)

    A board or commission shall be considered in compliance with this section if it develops an official agenda, makes it reasonably available to members of the public in attendance, and convenes one (1) or more public hearings as noted thereon to receive public comments on listed action items before taking official action. For any action item not appearing on an official agenda, a board or commission shall be considered in compliance with this ordinance if it convenes a special public hearing on the unlisted action item prior to taking official action. With respect to an ordinance or a resolution, a board or commission shall be considered in compliance with this ordinance if it convenes one (1) or more public hearings pursuant to the general law that governs the subject matter of the proposed act or the procedure for its enactment.

    (g)

    No official action of a board or commission shall be invalidated or declared void as a result of a violation of this section.

(Ord. No. O-13-25, §§ 2, 3, 9-9-13)