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<br />ORDINANCE NO. 2005- .J...:l.$ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, <br />IMPLEMENTING THE PROVISIONS OF SECTION <br />286.0115, FLORIDA STATUTES, TO ESTABLISH A <br />PROCEDURE GOVERNING EX PARTE <br />COMMUNICATIONS WITH LOCAL PUBLIC OFFICIALS <br />CONCERNING QUASI-JUDICIAL MATTERS; <br />PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING <br />PROCEDURES; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR REPEALER; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, Section 286.0115, Florida Statutes, enables a municipality to adopt an <br />ordinance or resolution removing the presumption of prejudice recognized in Jennings v. Dade <br />County from ex parte communications with local officials (as "local public official" is defined in <br />~ 286.0115(2), Fla. Stat.) by establishing a process to disclose ex parte communications with <br />such officials; and <br /> <br />WHEREAS, the City of Sunny Isles Beach finds it necessary to implement Section <br />286.0115, Fla. Stat., by establishing a process to disclose ex parte communications <br />(communications made on behalf of one side only without the presence of the other side) with <br />such official; and <br /> <br />WHEREAS, the Commission of the City of Sunny Isles Beach wishes to adopt a set of <br />procedures for the Commission, such other board or boards as may be appointed by City <br />Commission, and applicants to follow as it assumes the regulatory jurisdiction of zoning and <br />other quasi-judicial matters, including those remanded by Miami-Dade County; and <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Procedures for Conduct of Quasi-Judicial Hearings. Unless otherwise provided by <br />law or by ordinance of the City Commission pertaining to a specific matter, quasi-judicial <br />hearings shall be substantially as follows: <br /> <br />QUASI-JUDICIAL PROCEDURES <br />City of Sunny Isles Beach, Florida <br /> <br />I. Purpose <br /> <br />It is the purPose of these rules to provide a fair, open and impartial procedure for the <br />consideration by members of the City Commission or such other ZOnlng board or boards as <br /> <br />Ex Parte Communications Ord. <br />LMD:jb <br /> <br />1 <br />