13-2536 Amending City Commission Meeting & Agenda Policies

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RESOLUTION 13 -2536 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING THE CITY COMMISSION MEETING AND AGENDA POLICIES; REPEALING RESOLUTION 13 -2497; PROVIDING THAT ALL CITY BOARDS WILL ALLOW PUBLIC COMMENT AT THEIR MEETINGS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry, Florida, previously adopted policies and rules governing the conduct of meetings of the City Commission by Resolution 13 -2497, as amended and supplemented; and WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified at Laws of Florida 2013 -227, creating Section 286.0114, Florida Statutes, with an effective date of October 1, 2013; and WHEREAS, Section 286.0114, Florida Statutes, provides that members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission; and WHEREAS, Section 286.0114(1), Florida Statutes, defines "board or commission" as a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision; and WHEREAS, the legislative history of Section 286.0114, Florida Statutes, provides that it is intended to be consistent with Section 286.01 1(1), Florida Statutes, which provides that "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, ... at which official acts are to be taken are declared to be public meetings open to the public at all times... "; and WHEREAS, a "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the board or commission takes official action on t he proposition, if the opportunity occurs at a meeting that is during the decision malting process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action; and WHEREAS, the requirement under Section 286.0114, Florida Statutes, that the public shall be given a reasonable opportunity to be heard does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting; and WHEREAS, the opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in Section 286.0114(4), Florida Statutes; and