HomeMy WebLinkAboutReso 2020-3081 RESOLUTION NO. 2020-I
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ADOPTING RULES OF PROCEDURE FOR VIRTUAL SPECIAL
MAGISTRATE HEARINGS THAT TAKE PLACE DURING THE
PENDENCY OF THE STATE OF EMERGENCY DECLARED IN
FLORIDA GOVERNOR'S EXECUTIVE ORDER 20-52; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute
respiratory illness that can spread among humans through respiratory transmission and other
potential methods, and presents symptoms similar to those of influenza, and in some cases can be
fatal; and
WHEREAS, as a result of COVID-19, on March 9, 2020, Governor DeSantis issued
Executive Order Number 20-52 declaring a State of Emergency in the State of Florida; and
WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach
("City") also declared a Local Emergency, which has been renewed every seven (7) days and is
still in effect at this time; and
WHEREAS, the Center for Disease Control and Prevention has advised that in order to
slow the spread of COVID-19, individuals should adopt far-reaching social distancing measures;
and
WHEREAS, there are open civil violation notices resulting from violations of the City's
Code of Ordinances, some of which may present a threat to the public health, safety, that need to
be brought before a Special Magistrate prior to when in-person meetings will be permitted; and
WHEREAS, the City's Code of Ordinances also provides that a violator who has been
served with a civil violation notice has the right to request an administrative hearing before a
Special Magistrate to appeal the decision of the Code Enforcement Officer that resulted in the
issuance of the civil violation notice; and
WHEREAS, the City has a need to conduct administrative hearings before the Special
Magistrate to address pending civil violation notices and liens, but appreciates that there may be
potential health risks associated with conducting an in-person hearing, where social distancing
measures may not be feasible; and
WHEREAS,finding it necessary and appropriate to take action to ensure that COVID-19
remains controlled and that residents and visitors in Florida remain safe and secure, on March 20,
2020, the Governor of the State of Florida issued Executive Order No. 20-69 ("Order") expressly
permitting local governments to utilize communications media technology, such as telephonic and
video conferencing, as provided in Florida Statute 120.54(5)(b)(2); and
WHEREAS, the Eleventh Judicial Circuit of Florida is holding virtual evidentiary
hearings where sworn testimony is taken, as set forth in Administrative Order 20-05 and 20-07,
and the Florida Supreme Court has issued Administrative Order 20-23 allowing for court
proceedings using electronic means; and
R2020 Reso Approve Virtual Special Magistrate Hrg Procedure Page 1 of 3
WHEREAS, the Order does not waive any other requirement under the Florida
Constitution or"Florida's Government in the Sunshine Law," including Florida Statutes Chapter
286; and
WHEREAS, in accordance with Florida Statute 120.54(5)(b)(2), local government bodies
may adopt rules of procedure for virtual meetings and hearings; and
WHEREAS, all evidence, testimony, and argument presented during a virtual Special
Magistrate hearing shall be afforded equal consideration, regardless of the method of
communication; and
WHEREAS, the City Commission believes it is in the best interest of the City to adopt
Rules of Procedure for Virtual Special Magistrate Hearings, which are attached hereto as Exhibit
"A" and incorporated by reference.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH,FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby ratified and confirmed
by the City Commission and are incorporated herein by this reference.
Section 2. Adoption of Rules of Procedure for Virtual Special Magistrate Hearings. In
accordance with the Order, Chapter 252, F.S., and Section 120.54, F.S., the City Commission
hereby adopts the Rules of Procedure attached hereto as Exhibit"A" for virtual special magistrate
hearings that take place during the pendency of the state of emergency declared in the Governor's
Executive Order 20-52. The City Attorney is authorized to make changes to the rules, consistent
with the Commission's intent and in order to comply with best practices, as they are developed.
Section 3. Effective Date. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 16th day peji.4 2020.
George H. Scholl, Mayor
ATTEST:
AO
4fiuric'o Betancur, MC, City Clerk
82020 Reso Approve Virtual Special Magistrate Hrg Procedure
Page 2 of 3
APPROVED AS TO FORM
AN LEGAL SUF NCY:
1631/4.Edward A. Dion, City Attorney `
MotiU ' t if j d j Second by:e.OW ` . l'1/41 P en/ k/ id
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman ,..//(Yes) (No)
Commissioner Lama V (Yes) (No)
Commissioner Viscarra / (Yes) (No)
Page 3 of 3
R2020 Reso Approve Virtual Special Magistrate Hrg Procedure
r
RULES OF PROCEDURES FOR SPECIAL
MAGISTRATE HEARINGS
OF THE CITY OF SUNNY ISLES BEACH
(CORONAVIRUS/COVID-19)
These rules are adopted in accordance with the Florida Governor's Executive Order 20-69, Florida
Statutes Chapter 252,and§ 120.54(5)(b)(2) in order to provide for quasi-judicial virtual meetings of
the Special Magistrate. This action is taken in response to the Coronavirus/COVID-19 pandemic,
in order to comply with social distancing recommendations intended to protect the life and safety of
individuals in the community,while ensuring that quasi-judicial matters may be heard.Accordingly,
Commission Chambers will be closed to the public except as provided below.
PLATFORM:
The video conference platform Zoom will be used for virtual quasi-judicial meetings. The City
already has a subscription with Zoom, it is the platform used by the City Clerk for live remote public
comments during traditional City Commission meetings, and it is the platform used by the Special
Magistrate for virtual Special Magistrate meetings.
NOTICE:
Virtual Special Magistrate Hearings will be noticed in the same manner and at the same locations as
all quasi-judicial meetings are typically noticed (including mailed notice, as may be required by the
City Code). The Zoom conference number(along with instructions)will be published on the agenda
and will be included everywhere that the meeting is noticed. The Zoom conference number will
also be included on the agenda and everywhere that the meeting is noticed.Additionally,instructions
on how to provide a comment via e-comment and an email address will be provided everywhere that
the meeting is noticed.
All notices will make clear that Commission Chambers will be closed to the public.
All notices will provide that any person needing an accommodation in order to listen to or
participate in the meeting should contact the City Clerk at 305-792-1703, TTY 305-792-1589 no
later than 48 hours prior to the proceedings.
SPECIAL MAGISTRATE HEARING:
Virtual Special Magistrate hearings shall be conducted in the same manner as traditional quasi-
judicial hearings with the following stipulations that account for the virtual nature of the hearing:
Exhibits:
For all Special Magistrate hearings,a list of all proposed exhibits and a copy of the proposed exhibits
shall be provided to the City Clerk, five (5) days prior to the hearing, in a format that is easily
viewable on the Zoom platform. All exhibits shall be clearly labeled so as to allow for efficient
retrieval and display on the Zoom platform during the hearing. All exhibits will be posted online.
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Testimony/Public Participation:
A list of all individuals who will be called as witnesses during the hearings, shall be provided to the
City Clerk, five (5) days prior to the hearing. At the beginning of the hearing,the City Clerk shall
call each witness by name, one-by-one, in order to swear each person in. Any witness who wishes
to testify during the hearing and is not included in the previously provided witness list, shall be
sworn in after all witnesses on the list are sworn in, and prior to testifying. All witnesses providing
testimony must appear by video conference. The City Clerk shall administer the oath to any
individual who is appearing by video conference and shall establish the identity of the witness on
the record as well as the witness's consent for the hearing to be recorded.
A phone number and email address will be provided for individuals who may have questions on
how to access the meeting or participate in the meeting, prior to the date of the meeting.
MINUTES:
Minutes, a transcript, and/or recording of the meeting will be kept as customary.
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