§ 2-3. Access to county officials.

(a)

As used in this section, the term "county official" means any elected or appointed officer or employee of the county who recommends or takes quasijudicial action as a member of the county council, other county boards or commissions.

(b)

Any person not otherwise prohibited by statute, charter provision or ordinance may discuss with any county official the merits or any matter on which action may be taken by the county council, other county boards or commissions on which the county official is a member. Adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials:

(1)

The substance of any ex parte communication with a county official which relates to a quasijudicial action pending before the county official is not presumed prejudicial to the action if the subject of the communication, and 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 county official may read a written communication from any person; however, a written communication that relates to a quasijudicial action pending before the county 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.

(3)

County officials may conduct investigations, make site visits, and receive expert opinions regarding quasijudicial action pending before them. Such activities shall not be presumed prejudicial to the action, if the existence of the investigation, site visit or expert opinion is made a part of the record before final action is taken on the matter.

(4)

Disclosure made pursuant to subparagraphs (1), (2) and (3) must be made before or during the public hearing at which a vote is to be taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communications.

(c)

This section does not subject county officials to F.S. ch. 112, pt. 3 (1995), as may be subsequently amended, for not complying with this section.

(d)

In a quasijudicial proceeding relating to land use matters held by the county council or other county boards and commissions, hereinafter referred to as the "decision-making body," a person who appears before the decision-making body who is not a party or party-intervenor shall be allowed to testify before the decision-making body, subject to control by the decision-making body, and may be requested to respond to questions from the decision-making body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The decision-making body shall assign weight and credibility to such testimony as it deems appropriate. A party or party-intervenor in a quasijudicial proceeding held before the decision-making body relating to land use matters, upon request by another party or party-intervenor, shall be sworn as a witness, 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.

(e)

In a quasijudicial proceeding relating to land use matters before the county council or other county boards or commissions, hereinafter referred to as the "decision-making body," a person may not be precluded from communicating directly with a member of the decision-making body by application of ex parte communication prohibitions. Notwithstanding subsection (b)(1) through (4), disclosure of such communications by a member of the decision-making body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the decision-making body. All decisions of the decision-making body in a quasijudicial proceeding relating to land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications.

(Ord. No. 95-36, § I, 9-7-95; Ord. No. 96-33, § I, 12-19-96)