§ 2-11.39.3. Reasonable opportunity for the public to be heard before county boards.

(a)

In addition to the right to speak on any public hearing matter, if applicable, and notwithstanding and prevailing over any other provision of the Code to the contrary, members of the public shall be given a reasonable opportunity to be heard on any non-public hearing proposition that is under consideration by any county board as set forth in this part pursuant to Florida Statutes, Section 286.0114, as such may be amended from time to time.

(b)

For purposes of this rule, "proposition" shall mean a general substantive policy issue or matter proposed or offered for consideration or adoption, and shall not include:

(i)

Procedural motions on propositions, or

(ii)

Individual components, aspects or line items of a proposition.

While a single proposition may be considered multiple times before a board as the same or different agenda items, there shall only be one reasonable opportunity to be heard on each proposition during the decision-making process as set forth in this rule.

(c)

The opportunity to be heard does 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 requirements would cause an unreasonable delay in the ability of the board to act;

2.

An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations;

3.

A meeting that is exempt from the Sunshine Law; or

4.

A meeting during which the board is acting in a quasi-judicial capacity, provided, however, that this provision does not affect the right of a person to be heard as otherwise provided by law.

(d)

Unless further time is granted by the presiding officer of a county board, the statement shall be limited to no more than two (2) minutes, subject to the limitations as set forth in Rule 6.06 of the Board of County Commissioners Rules of Procedure, as such may be amended from time to time.

(e)

A board may adopt additional rules or policies that govern the reasonable opportunity to be heard. In the event that a board does not adopt rules or policies, or adopted rules or policies do not address a particular situation, then the provisions of Rule 6.06 of the Board of County Commissioners Rules of Procedure, as such may be amended from time to time, shall apply.

(Ord. No. 14-07, § 2, 1-22-14)

Editor's note

Ord. No. 14-07, § 2, adopted January 22, 2014, set out provisions intended for use as § 2-11.39.2. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 2-11.39.3.