§ 1-327. Ex-parte communication.

Pursuant to Section 286.0115, Florida Statutes, which authorizes a county to establish a process for disclosure of ex-parte communication with public officials in order to remove the presumption of prejudice, any commissioner may choose to discuss the merits of any matter on which action may be taken by the Board with any person not otherwise prohibited by statute, charter provision, or ordinance if the commissioner complies with the procedures set out in this section.

Compliance with the following disclosure procedures, as set forth in Section 286.0115, Florida Statutes, shall remove the presumption of prejudice arising from ex-parte communication with any commissioner:

(a)

Oral communications . The substance of any oral ex-parte communication with a commissioner which relates to a quasi-judicial action pending before the Board 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 on the matter.

(b)

Written communications. Any written communication shall be forwarded to the appropriate staff for inclusion in the official file and made part of the record before final action on the matter. It shall be the responsibility of the applicant to review the official file periodically to determine whether written ex-parte communications have been placed in the official file.

(c)

Investigations and site visits . Commissioners may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigations, site visit, or expert opinion is made a part of the record before final action on the matter.

(d)

Disclosure. Disclosures must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication.

(Ord. No. 95-55, § 1, 12-12-95; Ord. No. 2013-43, § 1, 12-10-13)