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Reso 2020-3070
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Reso 2020-3070
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Last modified
8/7/2020 10:47:49 AM
Creation date
8/7/2020 10:33:03 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3070
Date (mm/dd/yyyy)
06/18/2020
Description
Adopting Rules of Procedure for Virtual Quasi-Judicial Meetings that Take Place During the Pendency of the State of Emergency
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RESOLUTION NO. 2020 - 30/0 <br /> A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, <br /> FLORIDA,IN ACCORDANCE WITH THE FLORIDA GOVERNOR'S <br /> EXECUTIVE ORDER 20-69, ADOPTING RULES OF PROCEDURE <br /> FOR VIRTUAL QUASI JUDICIAL MEETINGS THAT TAKE PLACE <br /> DURING THE PENDENCY OF THE STATE OF EMERGENCY <br /> DECLARED IN FLORIDA GOVERNOR'S EXECUTIVE ORDER 20- <br /> 52; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS,it is well established in opinions issued by the Florida Attorney General that <br /> in order to establish a quorum,the requisite number of members must be physically present in the <br /> room and, that if a quorum is physically present, the participation of an absent member by <br /> telephone/video is permissible due to extraordinary circumstances;and <br /> WHEREAS, the Center for Disease Control and Prevention has advised that in order to <br /> slow the spread of the Coronavirus/COVID-19, individuals should adopt far-reaching social <br /> distancing measures; and <br /> WHEREAS, finding it necessary and appropriate to take action to ensure that <br /> Coronavirus/COVID-19 remains controlled and that residents and visitors in Florida remain safe <br /> and secure, on March 20, 2020, the Governor of the State of Florida issued Executive Order No. <br /> 20-69 ("Order") suspending any Florida Statute, "that requires a quorum to be present in <br /> person or requires a local government body to meet at a specific public place"; and <br /> WHEREAS, the Order also expressly permits local government bodies to utilize <br /> communications media technology, such as telephonic and video conferencing, as provided <br /> in Florida Statute 120.54(5)(b)(2); and <br /> WHEREAS, the Eleventh Judicial Circuit of Florida is holding virtual evidentiary <br /> hearings where sworn testimony is taken, as set forth in Administrative Order 20-05 and 20- <br /> 07, and the Florida Supreme Court has issued Administrative Order 20-23 allowing for court <br /> proceedings using electronic means; and <br /> WHEREAS, certain pending quasi-judicial items may need to proceed prior to when in- <br /> person meetings are permitted; and <br /> WHEREAS, the Order does not waive any other requirement under the Florida <br /> Constitution or"Florida's Government in the Sunshine Law," including Florida Statutes Chapter <br /> 286; and <br /> WHEREAS,the Order requires that local government bodies adopt rules of procedure <br /> for virtual meetings,in accordance with Florida Statute 120.54(5)(b)(2). <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> Sectionl. Incorporation of Recitals. The foregoing recitals are hereby ratified and confirmed <br /> by the City Commission and are incorporated herein by this reference. <br /> R2020 Adopt Virtual Quasi-Judicial Procedures Page 1 of 2 <br />
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