09-16-97 Workshop CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
WORKSHOP MEETING - SEPTEMBER 16, 1997 - 6:00 P.M.
FIRST FLOOR CONFERENCE ROOM
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and
enjoy the benefits of a service, program or activity conducted by
the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199
(TDD), 24 hours prior to the event in order for the City to accom-
modate your request. Adaptive listening devices are available.
AGENDA
(1) Policy concerning yard, garage and moving sales within
residential neighborhoods.
(2) Discussion regarding Old School Square signage
(3) LDR amendment regarding fees.
(4) Commission Comments.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: Tare v. City of Delray Beach and Lake Worth Drainage
District.
Attendees: Mayor Jay Alperin
Commissioner David Randolph
Commissioner David Schmidt
Asst. City Manager Robert Barcinski
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esquire
A certified court reporter
Purpose: Discuss settlement negotiations and strategy
related to litigation expenditures in the
referenced case.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal
is based. The City neither provides nor prepares such record.
Date: September 11, 1997 Agenda Item No. /2)5 ~/~
AGENDA REQUEST
Agenda request to be placed on:
~ Regular __ Special X Workshop __ Consent
When: September 16, 1997
Description of Agenda Item:
Policy Concerning Yard, Garage and Moving Sales Within Residential Neighborhoods
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature
City Att0mey Review/ReCommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manaeer Review:
HoldAppr°veduntil:f°r agenda: ~'/No [-)L 1
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved 1/17/96
MEMORANDUM
TO: David T. Harden - City Manager
FROM: Lula Butler - Director, Community Improvement ~
SUBJECT: POLICY CONCERNING YARD, GARAGE AND MOVING SALES
DATE: September 11, 1997
ITEM BEFORE THE COMMISSION:
Discussion and consideration of policy regarding the provision for yard, garage, and
moving sales conducted within residential neighborhoods.
BACKGROUND:
Currently, there are no City ordinances which directly and explicitly prohibit or limit
garage, yard or moving sales conducted from a residential property, unless they occur
frequently at the same location by the same resident. In such cases, we would proceed
with an investigation through the Code Enforcement process to determine if an
unlicensed business was being conducted. We have experienced problems in several
locations throughout the City regarding the frequency of yard/garage sales and are usually
successful at reducing the frequency at a particular location after contact is made by one
of our Code Enforcement Officer.
Staff contacted the City of Boca Raton and the City of Boynton Beach to determine if
those jurisdictions had ordinances relating directly to yard and/or garage sales. Boca
Raton does not have an ordinance and handles complaints on these activities similar to us.
Boynton Beach has an ordinance that requires a application for permit and an
administrative processing fee of $2.00. Most yard or garage sales are conducted on
weekends. Boynton Beach Code Officers do not work weekends, thus the activity is
largely unregulated.
Staff believes it is appropriate for the City to consider placing a limit on the number of
yard, garage or moving sales events a resident may conduct within a calendar year. We
would recommend to the Commission that no more than three (3) events of this type per
calendar year would be reasonable. In addition, we do not believe a new ordinance
regulating this activity is necessary, but would suggest the Commission consider the
practice to include the following:
Vv'5 /
David T. Harden -2- September 11, 1997
Yard/Garage Sales
· A definition of yard/garage sale should be developed stressing that such sales are non-
business related involving household-type merchandise no longer needed by the
resident at the point of sale and originating from the structure at the point of sale.
· Signage be limited in size, to a maximum of 9 square feet (3 x 3), and be erected no
earlier than two (2) days prior to the sale and be removed immediately at the end of
the sale. We could allow up to two signs per event.
These restrictions would apply to sales conducted by a resident at their place of abode.
Homeowner Associations could assist Code Enforcement staff in monitoring
neighborhoods for those residents who may not be abiding by the rules. As you know,
we have one Code Officer working almost every Saturday (excluding holiday weekends
and scheduled Sundays in lieu of), who would be available and responsive to HOA's
complaints. We expect most activity will occur on Saturdays.
A copy of Boynton Beach's ordinance and application are attached for your reference.
Staff may have additional information from other municipalities for the workshop
discussion.
RECOMMENDATION:
Staff is recommending City Commission give positive consideration to the practice
proposed for controlling the number of garage, yard and moving sales occurring within
residential neighborhoods throughout the City.
LB:DQ
Attachments
yardgar.doc
~9/~.~,/~.~-~7 ~9:49 SB137S~S~j BOYNtON BEACH P & 7 PAGE 02
~person, p~rwee~.., $ 47,00 m~e by thc building o~f~cial.
(C)rd, No~ 83-10, § 1, 5-17-83)
(I,D. r~ili~uaJidu required for Sec, 13-$$. Wr#tm ,tee,nmi ruquirud.
{Ord. No 6-21-94) Prior m issuance of any p~q¢ hie permit
Nore-~,C/(Aor ebew~ ¢/a~$i.f/~d) person conducting such sde 0hall file a
/
foiloowiz~ h~rma~oon:
(t) Tb~ pet'wn's inmut in ~ r~.~Jen~ial
property such ts ownership, currm
ARTICL3~ Il. GARAGE SAI,~* or such other control st thc person may
have.
(b) Ownership of the property to be s~ld.
~ !3-52, Defined, (c) Puritan for which ~e propem-ty ~o be sold
Im ~ previously used.
A "garaie sale," ss used in this article, is
hereby defined to amman auy fa{e or offering for sale (d) Ainfl~ve st~ flLu rJ~ property ~o be
of persouai property by a ml~ber of a felly or sold was ueither &:quired nor comisned for
other household unii, said pets§md property havins the purposes of resale.
been acquired, possessed aug used by th~ family or (Ord. No. 83-10, { 1, ~17-83)
household for perm§hal as opposed to business or
commerciol use, when sub male is to be or is
¢0.ndmXed ai o,e presen~ residence of such family or Sec, 13,.S6. 1'~ tee,
homehoold. 'C, arage sale' shah include sal~s
commouly referred to as patio sales, driveway sales, There shall be an administrative processiu{
yard sales, iud other such sales. "§stage sales" stroll of t~o doldars ($2,00) for the iss,,,_,,ce of 8 gm'age
riot illcludm ~ s&le or §offering for sa/e of any goods sale permit.
on comigomem. It slulJ ir~lude the sale or ol~.riug (Ord. No. 83-10, § 1, $-17-8~)
for sale of goods of moore ~ one fa~mily or
household,
(§rd, No, 83-10, § l, 5-17-$.3) Soc, 13,S7. Lt~ o~n,~,ber orperatib.
Ommly two (2) {Lrnge sale pmnits slmll be issued
Sec. 13-~3. ExcqJtioa to article provbions, to oue remidamce, family or household dufiu8 iuy
TI~ provisiom of this artick: sh~l not st)ply to (Ord. No. 83--10, § l, 5-17-83)
salcm of pets§el property mage pursuiut u2 a valid
order of a coufl of couq~-tem jurisdic~iou,
(§rd, No. 83-10, § 1, ~-1743) Sec. 13-S8. ~ I {uruge role ~tthout
Sec. 13-S4. Permit required, prilns bci, evldmce,
No garase sale ney be ¢oud~ed withJo the city ii shall be uuivm~ul for tomy persou ii)
withou~ & permit h~vin$ beeu Fo'st issued for such or conduci a garde sale, a~ defi~ hereiu, wi~ouI
~9/18/1997 99:d9 5613756259 BOYNTON BEACH P & Z PAGE
s~ ma;I. ~ by ~ 1~..rson or in ~ behalf.
v~o.lafion of ~ ~ ~! ~ ~bj~
~ h ~olmon of ~ ~r.
· e f~t ~ ~ ~ ~ ~ for ~
~, p~fmt~ or ~n,
(~. No, S~lO, ~ 1,
· . 89,."i8/1997 89:49 5613756259 i~0YNTON BEACH P & Z PAGE 04
APPLICATION FOR GARAGE SALE PERMIT
P~rm. it
Name of appliaant .........
Acl .~,ess of ~plie~t ......
A~ress of ~~ ~ 1~o~
O~er of~o~d ~e lo.on
App!i~fs i~t~ ~ loca~o~ (lea~c, 0~er, crc,)
C~m ~ o~ ~e l~oa
M~s~ ~ ~ acq~d for ~e Yes . No
Merch~dise h~ been coasi~d for ~e Yes ... No
N~bsr of f~ili~s o~ households ~volved One = M~fiple ~
N~: A~ess:
N~e: Ad~e~:
N~e: ~. Ad.ess:
I cerf~ that the information contained witl-fin this application is ~-uthtd and complete to the best of my knowledge
and beli¢~ and I acknowledge that it is unlawful for me to engage in or conduct a garage sale und,e.r a permit issued
upon false statement, s:
Dam. ........
Signature of Witness Signature of Applican!
Type o~: print n~7.me Type or print name
W~H:mh ~/t9/95, Rev f~/'26/95, ?t17/9~, 1/9/96, 215196, 8/2.7/96
C:\W~Z~60\~OOCS\~OL:CYt~\$P~CCON\GARAGESA.W~D
89/18/1S97 89:49 5613756259 BOYNTON BEACH P & Z PAGE 85
o
MEMORANDUM
TO: David T. Harden
City Manager
FROM: ~obertA. Barcinski
Assistant City Manager
DATE: September 12, 1997
SUBJECT: AGENDA ITEM CITY COMMISSION WORKSHOP SEPTEMBER 16.
1997 MARQUEE SIGNS OLD SCHOOL SQUARE
Approximately six (6) months ago, City Commission, by amendment to the lease
agreement with Old School Square, agreed to assume responsibility for sign
construction and maintenance. Commission also agreed to fund in this fiscal year up to
$20,000 for signs.
One of the key problems noted in Old School Square's goal setting session was a lack
site signage notifying the general public as to events being held at the site.
A committee was formed with members from Old School Square's Board, a member of
our Historic Preservation Board and the Atlantic Avenue Association to work with an
architect and develop a proposal for a marquee sign.
The attached design was approved by the Committee, Old School Square's Board, and
the Historic Preservation Board. Two signs are proposed, one at the west end and one
at the east end of the property on Atlantic Avenue. The total estimated cost is $30,000.
A presentation will be made by Joe Gillie. As the property owner, we need City
Commission's approval of the sign and the dollar amount to be given to Old School
Square. Funding up to $27,000 is available in the General Fund Capital account 334-
6112-519-62.10.
RAB/tas
File:u:sweeney/agenda
Doc:ossmarqu.doc
BSA CORPORATZON EST]MATEO
OSS SIGNS ON ATLANTIC AVENUE COST SUMMARY ],000 ACSF
02:45 PN
f[lena~e: c:\N[ndoNs\desktop\123rel~l.2\ces3.Nkl 12-5ep-97
bid date: SEPT 10, 1997
0 ]TEN SUBCONTRACT MATER]AL LABOR TOTAL
$2.00 2000 100 GENERAL CONDITIONS
SO.tO 2 Equip Rntl/Misc Exp. 100 0 0 ]00
$0.00 8 Survey 0 0 0 0 EXCLUDE
$].50 '9 Supervision 1,500 0 0 1,500
$0.30 10 Protection 300 0 0 300
$0.10 14 Trash Removal 100 0 0 100 USE OWNER'S DUNPSTER
$0.85 850 200 SITEWORK
$0.30 I Excavation & Grading 300 0 0 300
$0.15 tO Sod Repair 150 0 0 150
$0.40 15 Paver Repair 400 0 0 400
$6.66 6660 300 CONCRETE
$3.36 1 Concrete York 3,360 0 0 3,360
$3.30 5 Precast Conc. 3,300 0 0 3,300
$0.80 800 400 MASONRY
$0.80 1 Concrete Block 800 0 0 800
$2.68 2675 900 FINISHES
$2.20 2 Stucco/Mtl Framing 2,200 0 0 2,200
$0.48 8 Painting 475 0 0 475
$7.60 7600 1000 SPEC]ALT]ES
$7.00 1 Sign Box N/Letters 7,000 0 0 7,000
$0.60 36 Flag Poles 600 0 0 600
$1.50 1500 1600 ELECTR[CAL
$1.50 3 Electric AlloNance 1,500 0 0 1,500
$22.09 SUBTOTAL 22,085 0 0 22,085 22,085
$0.16 Liability Ins Charge ]60
$22.25 $22.25 SUBTOTAL 22,245
$4.45 OVERHEAO & PROFIT 4,449
$26.69 $26.69 BID ANOUNT 26,694
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DIANEDOMINGUEZ ~ i~ ~ ~ ~
DIRECTOR Of PLANNING AND ZONINGI, J~_~
DATE: SEPTEMBER 11, 1997
RE: CITY COMMISSION WORKSHOP OF SEPTEMBER 16, 1997
PROPOSED INCREASE IN PLANNING AND ZONING FEES
The Planning and Zoning Department recently completed a review of fees charged for
rezonings, site plans, conditional uses, plats, and other land use actions processed by our
department. These fees have not been increased since 1990, when the Land Development
Regulations were updated for consistency with the 1989 Comprehensive Plan. Since that time
personnel costs have risen (an average of 3-4% per year), and we have had to add several
steps to our procedures in order to meet the requirements involved in holding quasi-judicial
hearings. The cost of advertising land use actions in the local newspaper has also increased
over the years.
Our review included an assessment of the average man hours spent on each type of
application, and a survey of fees charged by other municipalities in the area. Based on this
review, we feel a significant increase in fees is in order. It would also be appropriate to charge
fees for certain actions for which there is currently no charge. These would include Similarity of
Use Determinations, requests to amend the Land Development Regulations, requests for
Waivers and Adjustments, Appeals of administrative actions and board decisions, and Zoning
Verification Letters (typically requested in connection with real estate closings).
We also feel it is necessary to provide for a range of fees regarding site plan actions. Currently
we have three types of site plans and two fees: Non-Impacting ($50), Minor ($500), and Major
($500). In reality, the types of site plans and site plan modifications that we receive vary
widely, as does the time involved in processing them. We are suggesting the creation of five
categories of site plans, with corresponding fees.
Attached please find the proposed fee schedule, a summary of fees charged by other
municipalities, and a summary of the time involved in processing certain land development
applications. The Planning and Zoning Board reviewed the proposed fees at their September
8th workshop, and were supportive with some minor changes (which have been incorporated
into the attached schedule). Our intention is to have the board and the City Commission take
action on the changes in October.
Attachments:
· Proposed Revised Fee Schedules
· Fee Schedule of Various Municipal Governments
P & Z Memos re: Processing Times for Various Applications
PROPOSED REVISED
FEE SCHEDULE
~ ! i i ~ ~i~i ~l~i ~di~t ! i ii $ 2,000 $ 2,000 (no change )
$1,000 $3,000
i i ~i:~ i~::i:i ~:: i iii iiiiiiRigDt~a~i $500 $500 (no change)
i i: ~::::.i:~i~ i :: ; i i~ :~i~iGe~:!:!i~E~~?~? $ 2 oo $ 300
:~ : ::, ~: ~:~ ~ sP~jfi~?E~S~::~e~ts $50 $150
$450 $900
~:~:~:~:~:~:~:~:~ ~ .:::::.:~:~:~:::::::::::::::::::::
$200 $500
$300 $750 (5)
$500 $~,500 (5)(6)
$500 (4)
::~i~ ?~ "?'~:':: 'i ' ~"~'~'~':'~ :'::: ,~
~ ~:~. ~:~: ~Ske~pla~:::~ ~?: $500 $500 (no change)
'~ ~ ~: ~ ~?~C~Pt ~;~!a~ ~: ~ ~ :~ ~: :~ ~ ~ 0 e~ im inate
:~ ~ :: ~:~;e~i~ ~~ ~ ~ ~ $~50/500 $500
o $5o
0 $1 O0 (2)
: :. :?:: ~ :. ~ :::;::;:~'~:::~:;: : :::::::::::::::::::::: :~ ::;::;:~:~: ~:~::~ :: ::::;::~:~:: ~
$200 (3)
0 $200
(1) Fee may be waived by City Manager, for properties that are developed or sites
under one (1) acre.
(2) During Site Plan Review.
(3) Subsequent to Board Approval.
(4) Same fee that would apply for site plan modification.
(5) Plus $100 per acre over 3 acres
(6) Categories of Platting (Boundary, Preliminary, Final) changed to Minor & Major.
(7) Advertising cost.
(8) Includes appeals of both administrative decisons and board actions.
REVISED FEE SCHEDULE
FOR SITE PLANS
DEFINITIONS
CLASS I Approval of items such as, but not limited to: walls, fences, slabs,
dumpster enclosures, sheds, etc. which do not require Board review; and
changes in architectural elevations which require Board review.
CLASS II Approval of a modification to a site plan with no review of Performance
Standards found in Section 3.1.1, but involves Board review.
CLASS III A modification to the site plan which represents either a change in
intensity of use, or which affects the spatial relationship among
improvements on the land requiring partial review of Performance
Standards found in Section 3.1.1.
CLASS IV A modification to the site plan which represents either a significant change
in the intensity of use or significant changes which affect the spatial
relationship among improvements on the land requiring full review of
Performance Standards found in Section 3.1.1.
CLASS V New application for either vacant land, or for improved land when no valid
site plan of record exists, requiring full review of Performance Standards
found in Section 3.1.1.
(1) Plus $100 per acre over 3 acres
::::::::::::::::::::::::::::::::
+
......................................... ::: : :~
:::::::::::::::::::::::::::::::::::::::::::::::::::::::
o~
0,~
IJ.I
I.IJ
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
TO: DIANE DOMINGUEZ
DIRECTOR OF PLANNING AND ZONING
THRU: JANET MEEKS
SENIOR PLANNER
FROM: SCOTT THATCHER
ASSISTANT PLANNER
DATE: SEPTEMBER 4, 1997
RE: SITE PLAN APPROVAL
Site Plan applications are accepted by the Planning and Zoning
Department for Minor, Major or new development within the City Limits of
Delray Beach.
Review of Site Plans typically takes approximately 56 hours each
(including research, writing staff reports & correspondences, meetings &
phone calls with applicant, and faxing & mailing responses). Site Plans
require some or all of the following steps:
0.50 Hours Pre-Application Process
3.00 Hours Processing Of Application
6.00 Hours Research/Technical Review/Site Visits
0.50 Hours Transmittal Of Application
0.50 Hours Planning And Zoning Staff Meeting Discussion
1.00 Hours T.A.C. Discussion
2.00 Hours Transmittal Letter
2.00 Hours Discussions With Applicant About Revisions
3.00 Hours Quasi-Judicial Preparations
36.00 Hours Staff Report
1.00 Hours Approval Letter And Certification Of Plans By Director
0.50 Hours Copying, Mailing & Distribution Of Letters & Plans ...
(1) Does not reflect staff review from other departments, Board
meetings and follow up documentation to City Commission.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
TO: DIANE DOMINGUEZ
DIRECTOR OF PLANNING AND ZONING
FROM: SCOTT THATCHER
ASSISTANT PLANNER
DATE: SEPTEMBER 4, 1997
RE: NON-IMPACTING MODIFICATIONS
Non-impacting modifications are applications accepted by the Planning
and Zoning Department for changes to an approved site plan that will
have no impact upon adjacent properties and no adverse aesthetic impact
when viewed from a public right-of-way.
Review of a Non-impacting modification typically takes 3 to 10 hours each
(including research, written correspondences, phone calls to applicant,
and faxing & mailing response). These modifications require some or all
of the following steps:
10-20 minutes Call And Explanation Of Application Process
5-20 minutes Accept Application/Follow Up Questions
1 - 3 hours Research/Technical Review/Site Visits
20-40 minutes Planning And Zoning Staff Meeting Discussion
30-40 minutes T.A.C. Discussion
10-30 minutes Discussions With Applicant About Revisions
5-10 minutes Accept Revisions/Follow Up Questions
0 - 3 hours Staff Report
1.00 Hour Approval Letter And Certification Of Plans By Director
10-20 minutes Copying, Mailing & Distribution of Letters & Plans
NON-IMPACTING MODIFICATIONS
September 1996 to September 1997
:..:~::-.::::::::.:~ ~::::::::~::::.:-:.:.".:~:~..;.' :::~::.-¥::~'::::~:::~::.::::'"'::::". ........ ::::::~::....:::::~:!~::.::;~.:::.:..:..::..:.:.:::.-.........:...'.'?~.?:.~.:;'.'.~::..?' ..
September to December 1996 37
January to April 1997 32
May to September 1997 36
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
TO: DIANE DOMINGUEZ
DIRECTOR OF PLANNING AND ZONING
FROM: SCOTT THATCHER
ASSISTANT PLANNER
DATE: SEPTEMBER 4, 1997
RE: ZONING, CONCURRENCY AND USE LETTERS
Zoning, concurrency and use letter range from a standard inquiry of the
current zoning of a parcel to the entire history of a property (including
violations, non-conformities, fines and concurrency issues).
Drafting a letter to respond to the inquiry typically takes between three (3)
to (6) hours each (including research, drafting letter, phone calls to
inquirer, and faxing & mailing response).
Each letter requires some or all of the following steps: research of the
Planning Department files, search of previous and current occupational
licenses, review of Code Enforcement Records and search of Community
Improvement data base of unpaid fees. More complicated inquiries are
also are added to Staff and T.A.C. meetings.
ZONING, CONCURRENCY AND USE LE'I-I'ERS FROM
8/28/96 TO 8/28/97
.................................................................................................................... ~ ...... ::;:;:;:;:;:::;:; i~<:~:::.;:,.;~.;~;.;:;:::;:;:; - -.:o- - ~;~- ~- -:::- - - - -. ..............
September to December 1996 26
(4 months)
January to Apdl 1997 28
(4 Months)
May to August 1997 24
(4 months)
Total 78
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7~1
DELRAY BEACH MEMO~D~
AIl.~ri~aCi~ DATE: September 12, 1997
'IIII Ci~ Co~ission
1993 FROM: Sus~ A. Ruby, Ci~ Attorney
SUBJECT: Tate v. Ci~ of Delray Beach and L~e Wor~ Drainage District
The pu~ose of ~is memor~d~ is to call for a closed attorney-client session pursuant to
Florida Statutes 286.011(8) for the September 16, 1997 Ci~ Co~ission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in ~e above case.
S~ict compli~ce wi~ Florida Statutes Section 286.011(8) is required by law. Therefore,
prior to ~e co~encement of ~e closed attorney-client session ~e Mayor should read ~e
following:
"The Ci~ has scheduled a closed attorney-client session pursuit to Florida
Statutes Section 286.011(8) in ~e case of Sm~ey Tate vs. ~e Ci~ of
Delray Beach and L~e Wor~ Drainage District. The estimated leng~ of
· e closed session shall be 15 minutes. The following persom will be
attending: Mayor Jay Alperin, Co~issioners David Randolph and David
Sc~idt, Acting City Manager Robert Barcinski, Ci~ Attorney Susan
Ruby, Assistant Ci~ Attorney David Tolces, Bill Doney, lawyer for ~e
City, and a certified court reporter."
After ~e closed session is over, the Mayor should a~ounce ~at ~e regulg meeting is
reopened, and ~e closed session is temimted.
By copy of ~is memorandum to David Harden, our office requests ~at ~e agenda be
prepared giving reasonable public notice of ~e t~e and date of ~e closed attorney-client
session for September 16, 1997 and ~at ~e agenda item include ~e nme of ~e case, ~e
nines set for~ above of ~ose persons attending ~e session, and identi~ ~e item as a
closed door session pursuit to Florida Statute 286.011. Our office will arrange for a court
resent as required by statute. Attached is a copy of Fla. Stat. 286.011.
cc: David Harden, Ci~ Manger
Alison MacGregor Har~, Ci~ Clerk
David Tolces, Assistant Ci~ Attorney
Bill Doney, Esq.
Sun Coast Reporters
tate9, sar
FSA § 286.01 i, Public meetings and records: public inspection: criminal and civil penalties Page 1
*29301 West's F.S.A. § 286.011 degree, punishable as provided in s. 775.082 or
s. 775.083.
WEST'S FLORIDA STATUTES
ANNOTATED (c). Conduct which occurs outside the state
TITLE XLX. PUBLIC BUSINESS which would constitute a knowing violation of
CHAPTER 286. PUBLIC this section is a misdemeanor of the second
BUSINESS; MISCELLANEOUS degree, punishable as provided in s. 775.082 or
PROVISIONS s. 775.083.
(4) Whenever an action has been filed against
Current through End of 1996 2nd Reg. Sess.
any board or commission of any state agency or
authority, or any agency or authority of any
286.011. Public meetings and records; county., municipal corporation, or political
public inspection; criminal and civil subdivision to enforce the provisions of this
penalties section or to invalidate the actions of any such
board, commission, agency, or authority, which
(I) All meetings of any board or commission action was taken in violation of this section, and
of any state agency or authority, or of any the court determines that the defendant or
agency or authority of any county, municipal defendants to such action acted in violation of
corporation, or political subdivision, except as this section, the court shall assess a reasonable
otherwise provided in the Constitution, at which attorney's fee against such agency, and may
official acts are to be taken are declared to be assess a reasonable attorney's fee against the
public meetings open to the public at all times, individual filing such an action if the court finds
and no resolution, rule, or formal action shall be it was filed in bad faith or was frivolous. Any
considered binding except as taken or made at fees so assessed may be assessed against the
such meeting. The board or commission must individual member or members of such board or
provide reasonable notice of all such meetings, commission; provided, that in any case where
the board or commission seeks the advice of its
(2) The minutes of a meeting of any such attorney and such advice is followed, no such
board or commission of any such state agency fees shall be assessed against the individual
or authority shall be promptly recorded, and member or members of the board or
such records shall be open to public inspection, commission. However, this subsection shall not
The circuit courts of this state shall have apply to a state attorney or his or her duly
jurisdiction to issue injunctions to enforce the authorized assistants or any officer charged with
purposes of this section upon application by any enforcing the provisions of this section.
citizen of this state.
*29302 (5) Whenever any board or
(3)(a) Any public officer who violates any commission of any state agency or authority or
provision of this section is guilty of a any agency or authority of any county,
noncriminal infraction, punishable by fine not municipal corporation, or political subdivision
exceeding $500. appeals any court order which has found said
board, commission, agency, or authority to have
(b) Any person who is a member of a board or violated this section, and such order is affirmed,
commission or of any state agency or authority the court shall assess a reasonable attorney's fee
of any county,, municipal corporation, or for the appeal against such board, commission,
political subdivision who knowingly violates the agency, or authority. Any fees so assessed may
provisions of this section by attending a meeting be assessed against the individual member or
not held in accordance with the provisions members of such board or commission;
hereof is guilty, ora misdemeanor of the second provided, that in any case where the board or
Copyright (c) West Group 1997 No claim to original U.S. Govt. works
FSA § 286.011, Public meetings and records: public inspection: criminal and civil penalties Page 2
commission seeks the advice of its attorney and No portion of the session shall be offthe record.
such advice is followed, no such fees shall be The court reporter's notes shall be fully
assessed against the individual member or transcribed and filed with the entity's clerk
members of the board or commission, within a reasonable time after the meeting.
(6) All persons subject to subsection (I) are (d) The entity shall give reasonable public
prohibited from holding meetings at any facility, notice of the time and date of the attorney-client
or location which discriminates on the basis of session and the names of persons who will be
sex, age. race. creed, color, origin, or economic attending the session. The session shall
status or which operates in such a manner as to commence at an open meeting at which the
unreasonably restrict public access to such a persons chairing the meeting shall announce the
facili~, commencement and estimated length of the
attorney-client session and the names of the
(7) Whenever any member of any board or persons attending. At the conclusion of the
commission of any state agency or authori~ or attorney-client session, the meeting shall be
any agency or authority of any coun.ty, reopened, and the person chairing the meeting
municipal corporation, or political subdivision shall announce the termination of the session.
is charged with a violation of this section and is
subsequently acquitted, the board or (e) The transcript stroll be made part of the
commission is authorized to reimburse said public record upon conclusion of the litigation.
member for any portion of his or her reasonable *29303
attorney's fees. CR0 I
(8) Notwithstanding the provisions of CREDIT(S)
subsection ( 1 ), any board or commission of any
1997 Electronic Update
state agency or authority or any agency or
authority of any county, municipal corporation, CROI Amended by Laws 1991. c. 91-224. :~ 33: Laws
or political subdivision, and the chief 1993. c. 93-232, ~ l. eft June 30. 1993: Laws 1995, c.
administrative or executive officer of the 95-148. :~ 210, eff. July 10. 1995: La*va 1995. c. 95-353. ~
governmental entity, may meet in private with 1. eft. June 17, 1995.
the entity's attorney to discuss pending litigation
<<For additional credits, if any. see Historical Note
to which the entity is presently a party before a
court or administrative agency, provided that the field.>>
following conditions are met: HISTORICAL NOTES
(a) The entity's attorney shall advise the entity HISTORICAL AND STATUTORY NOTES
at a public meeting that he or she desires advice
concerning the litigation. 1997 Electronic Update
(b) Tile subject matter of the meeting shall be Laws 1991, c. 91-224, a reviser's bill, modified
confined to settlement negotiations or strategy provisions for punishment of misdemeanors = contained in
sessions related to litigation expenditures, this section by deleting reference to punishment pursuant
to § 775.08,* to conform with Laws 1988. c. 88-131 which
deleted all references to misdemeanors from § 775.084.
(c) Thc ~:ntire session shall be recorded by a
certified ct)un reporter. The reporter shall Laws 1993, c. 93-232. § 1. eft. June 30. 1993. added
record thc times of commencement and suhsec.(8).
termhmtion or' the session, all discussion and Laws 1995. c. 95-148. a reviser's bill. removed gender-
procccdiqgs, the names of all persons present at specific references applicable to human beings without
any time, and the names of all persons speaking, substantive changes in legal effect.
Copyright (c) West Group 1997 No claim to original U.S. Govt. works