O-609-99 ORDINANCE NO. 609-99
AN ORDINANCE OF MIAMI SHORES VILLAGE RELATING
TO QUASI-JUDICIAL PROCEEDINGS; ESTABLISHING
REGULATIONS RELATING TO EX PARTE
COMMUNICATIONS AND SITE VISITS; MAKING
FINDINGS; CREATING SECTION 2-86, MIAMI SHORES
VILLAGE CODE; PROVIDING INTENT AND
DEFINITIONS; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING A SEVERABILITYANTERPRETATION
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 286.0115, Florida Statutes, enables a municipality to adopt an
ordinance removing the presumption of prejudice recognized in Jennings v. Dade County,
from ex parte communications with local public officials (as "local public official" is defined
in Statute 286.0115(2)) by establishing a process to disclose ex parte communications with
such officials; and
WHEREAS, Florida Courts have issued opinions discouraging elected and appointed
local governmental decision-making officials from visiting the property which is the subject of
a quasi-judicial planning, zoning, building or land development permitting proceedings; and
WHEREAS, Miami Shores Village finds it necessary to implement Section 286.0115,
Florida Statute, by establishing a process to disclose ex parte communications
(communications made on behalf of one side only without the presence of the other side) with
such official; and
WHEREAS, Article I, Section V of the Florida Constitution of 1968 assures the people
the right to "instruct their representatives, and to petition for redress of grievances" and the
Village Council also finds that so-called "site visits" can play a role which is helpful and
important in understanding the context of a quasi judicial planning, zoning, building or land
development permit application; and
WHEREAS, it is the intent of the Village Council that this Ordinance is intended to
remove the presumption of prejudice from ex parte communications with local governmental
officials, and to permit site visits, the receipt of expert opinion, and the review of
communications relating to certain quasi-judicial proceedings
NOW, THEREFORE, BE IT ORDAINED BY MIAMI SHORES VILLAGE, THAT:
SECTION 1. The Village Code of Miami Shores Village is hereby amended by adding
to Chapter 2 thereof an Article and Section to be numbered Chapter 2, Article V, Section 2-86
which shall read as follows:
CHAPTER 2. ADMINISTRATION
[Articles I through IV remain unchanged]
ARTICLE V. HEARING PROCEDURES
SECTION 2-86. Procedures for quasi-judicial hearings; ex parte communications; site
visits; receipt of expert opinion; and review of mail and other communications.
(a) Pursuant to Section 286.0115(1), Florida Statutes (1995), this Section is intended
to remove the presumption of prejudice from ex parte communications with Village officials and
permit site visits, the receipt of expert opinion, and the review of mail and other communications
relating to certain quasi judicial proceedings by said Village officials.
(b) Definitions. As used in this Section, the following terms shall be defined as
follows:
(1) "Village official" means and refers to a member of any Miami Shores
Village board or council authorized under this code or State Statutes to engage in determinations
which are functionally quasi-judicial in nature, including but not necessarily limited to the Village
Council, the Planning and Zoning Board, the Code Enforcement Board and the Historic
Preservation Board.
(2) "Ex parte communication" means a communication involving a Village
official and a member of the public, Village staff or a Village consultant regarding a pending
quasi-judicial matter, application or appeal, such that the Village official may be exposed to only
one perspective or part of the evidence with regard to a quasi-judicial matter pending before the
council or board on which the Village official serves.
(3) "Member of the public" refers to any person interested in any quasi-judicial
matter, including but not limited to an applicant, an appellant from a building official's decision,
an officer or member of a homeowners association, an officer or member of an environmental,
homebuilding/development or concerned citizens organization, an official or employee of a
governmental entity other than the Village, a developer, a property owner, or an interested citizen,
as well as any representative or attorney for any of the foregoing.
(4) "Quasi-judicial" refers to a land use, zoning, planning, code enforcement
or building related permit or appeal matter in which Village officials, in accordance with law, are
required to give notice and an opportunity to be heard to certain substantially affected persons,
investigate facts, ascertain the existence of facts, hold hearings, weigh evidence, draw up
conclusions from the facts, and apply the law to the facts, as a basis for their decision.
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(5) "Site visit" means an inspection of the real property subject to an application
for any quasi-judicial permit, determination or appeal conducted by a Village official. The mere
act of driving by a site in the regular course of driving to a particular location, such as work,
shopping or the like, which act is not undertaken for the purpose of inspecting a particular parcel
or real property is not a site visit for purposes of this Section.
(c) Ex parte communications between Village officials and members of the public.
If any person not otherwise prohibited by Statute, Charter provision, or Ordinance, discusses with
any Village Official representing Miami Shores Village, the merits of any matter on which action
may be taken by any board or council on which the Village Official is a member, such
communication shall not raise any presumption of prejudice, provided that the following process
of disclosure occurs:
(1) The subject and substance of any ex parte communication with a Village
Official which relates to a quasi-judicial action pending before the Official, as well as the identity
of the person, group or entity with whom the communication took place, is disclosed and made
a part of the record before final action is taken on the matter.
(2) A Village Official may read a written communication from any person,
however, a written communication that relates to a quasi-judicial action pending before such
Official shall be made a part of the record before final action is taken on the matter.
(3) A Village Official may have an ex parte communication with a member of
the public, expert witness , Village staff member, or consultant, or conduct investigation, make
site visits or receive expert opinions regarding quasi judicial action pending before him or her,
provided that such activities and the existence of such investigations, site visits, or expert opinions
are made a part of the record before final action is taken on the matter.
(4) Disclosure, either written or oral, made pursuant to paragraphs (1), (2) and
(3) above must be made before or during the public meeting at which a vote is taken on such
matters and must be made a part of the record. Persons who have opinions contrary to those
expressed in the ex parte communication shall be given a reasonable opportunity to refute or
respond to the communication.
SECTION 2. Severability/interpretation. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any Court of competent jurisdiction, such decision shall not effect the validity of the remaining
portions of this Ordinance. The Village Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the
fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be
declared invalid or unconstitutional. The invalid or unconstitutional section, subsection, sentence,
clause or phrase of this Ordinance shall be severed from this Ordinance.
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SECTION 3. Ordinances and resolutions in conflict. All ordinances and resolutions or
parts of ordinances and resolutions in conflict herewith, are hereby repealed.
SECTION 4. Effective date. This Ordinance shall become effective upon final adoption.
PASSED ON FIRST READING on this 16 day of March , 1999.
PASSED AND ADOPTED ON SECOND READING on this 6 day of
Apri 1 , 1999.
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111-A"2,ij i4-� 14t�
Mary Ro# Agosta, Mayor
ATTEST:
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Barbara A. Fugazzi, C C
Village Clerk
APPROVED AS TO FORM:
f
Richard Sarafan
Village Attorney
C AQuasiORd
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