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HomeMy WebLinkAbout2006-03-30 - City Commission Special Workshop Meeting MinutesSPECIAL CITY COMMISSION WORKSHOP MEETING THURSDAY, MARCH 30, 2006 TAMARAC COMMUNITY CENTER COCONUT PALM ROOM 8601 W COMMERCIAL BOULEVARD TAMARAC, FL 33321 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Special Workshop Meeting of the City Commission to order on Thursday, March 30, 2006, at 9:00 a.m., in the Coconut Palm Room at the Tamarac Community Center, 8601 W Commercial Boulevard, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Assistant City Attorney Julie Klahr, Deputy City Manager Michael C. Cernech, Assistant City Manager Diane Phillips, Human Resources Director Maria Swanson, Management Intern Mark Medlar, and City Clerk Marion Swenson. Financial Services Director Steven Chapman arrived at 10:30 a.m. City Manager Miller explained the role of the Mayor and City Commission in a high performance government is to provide leadership to the organization, establish a vision for the community and strategic plan (given a 5-10 year horizon), and achieve the goals established. (City Manager Miller informed the Mayor and City Commission that the department directors will join the meeting at 12:30 p.m.) City Manager Miller continued, in order to get everyone to an even level of knowledge of the issues and programs retreats will be scheduled over the next few months. For May 4-5, 2006, City Manager Miller has asked consultant/Professor Nalbanian of Lawrence, Kansas, to join the Mayor and City Commission to help begin this organizational process. Professor Nalbanian served as Commissioner and then Mayor in Kansas, and is a well-known author and speaker on local government topics. City Manager Miller spoke of opportunities to shape the community from a physical development standpoint, to explore the diversity of the community, and to raise the collective profile of the City of Tamarac in the County, State and nationwide. Tamarac has a good reputation nationwide, but not everybody is aware of us. The Mayor and City Commission will become the spokespeople for the City of Tamarac and spread the word through community meetings, activities with Broward County Commission, Regional and State Boards. City Manager Miller outlined challenges as far as scarcity of land, redevelopment and impacts on surrounding land uses, the cost of housing and recruiting and retaining workforce. City Manager Miller said development will be one of the subjects addressed at a future retreat, and indicated that some members of the City Commission said they would like to look at the development process to assure quality development for Tamarac. The Economic Development Plan is updated every five years and this will be presented to the Mayor and City Commission for their input. City Manager Miller spoke of reinventing government and moving toward a high performance organization. The Special Commission Workshop March 30, 2006 Page 1 of 22 community survey conducted last summer ranked Tamarac 22% above the national average. City Manager Miller spoke of more citizen participation in governmental affairs and bringing on new groups of leaders to provide input to insure the services offered by Tamarac are the best we can offer. City Manager Miller explained that before Tamarac was in a growth mode, and now, the next step in the process is to improve as we go. Taxes have been held, but down the line income and expenditures will converge and there will be pressure from the residents for more services. This can be adjusted through management improvement as we go along. The first maxim of management is to improve the bottom line and become more efficient so we can save money. High performance government will ring true as the commission is made up of former business people. The City of Tamarac is financially stable and there are no monetary concerns at this time. City Manager Miller said this is an informal session, and at the end of the day there will be a round table with the Mayor and City Commission so we can find out the topics the Mayor and City Commissioners wish to address at upcoming retreats. Additionally, staff has some recommendations for the Mayor and City Commission. Commissioner Sultanof spoke of apartment buildings being turned into condominiums, and the fact that he would like to see more affordable housing for firefighters, police and teachers. Commissioner Sultanof asked for input regarding low end apartments for families. Commissioner Sultanof asked staff to look into an area on 441 that may be looked at to turn into apartment living as there are currently office buildings in that area that not doing well. City Manager Miller said these are both topical issues and he spoke with City Attorney Goren regarding the legality of condominium conversions, but we are not prepared to talk about those issues today. Redevelopment of State Road 7 can be discussed later also. Commissioner Sultanof said Vice Mayor Portner has been a member of the State Road 7 Corridor Committee for a long time and we have to face these challenges. City Attorney Goren responded there is a Bill in Tallahassee on affordable housing that is being supported in the Senate and House of Representatives and it addresses these issues. If it passes, local governments will be required to set aside housing and recognize classes such as teachers, police and firefighters. The Bill will have a direct impact on cities. Vice Mayor Portner said when it comes to affordable housing for police, teachers, etc., this is all well and good; but prices are reduced on some buildings and raised on others, so that the builders do not lose money. City Manager Miller replied some techniques are being explored to even out the profit standpoint of the developer. Special Commission Workshop March 30, 2006 Page 2 of 22 1 City Manager Miller spoke of becoming a High Performance Organization (HPO) and said HPOs produce high quality goods and services with fewer resources. Characteristics of HPOs are financial stability, listening to customers, permitting innovative leadership, communicating the city's vision, and empowering employees. Becoming an HPO reflects improvement of management style, performance, employee relations, financial performance, customer satisfaction and city recognition. HPO is built by commitment of leadership, embracing organizational change, willingness to incorporate innovation, allocation of resources for continuous learning. In order to become an HPO we will strive for the Florida Governor's Sterling Award, which is the most prestigious award recognizing performance excellence; it is highly competitive, has an extensive application process and takes 5-7 years to attain. The award is based on the Malcolm Baldridge National Award. At a previous commission retreat, the Mayor and City Commission unanimously supported this goal. A Sterling committee has been appointed, we have taken the Sterling Navigator, the Sterling examiners have made a site visit to Tamarac, results analysis by the Sterling Committee has been received, the criteria teams have been appointed and we are in the process of putting out an RFP for a consultant. The Commission's role in this process is leadership, to create and communicate a vision. The Strategic Plan will set the city's direction for the next 5-10 years. We also need a customer market focus, communication with Tamarac communities; community focus groups, information and knowledge management, and support for staff as we continue to improve technology. Human Resources needs support as we empower staff at all levels to make decisions (from the bottom up). Process management requires support of staffs education and training efforts and for organizational results staff needs support as we improve upon our performance measurement system. We have completed the Navigator, are working on the challenge, and sometime next year should be in position to make us eligible for the Sterling Award (we will file our application). It is important to this process that leadership be committed, understand the process, and continue to communicate up and down the organization. Commissioner Sultanof said he sees Sterling as a top to bottom renovation taking the City of Tamarac forward and ironing out the wrinkles. Commissioner Sultanof spoke of the Firefighters and BSO and said he hoped they are included in the HPO process and are part of the package. City Manager Miller said while fire and police are quasi -military operations, they have been included in the HPO process; they also are not immune to change, the same as the rest of the workforce. BSO Chief Dugger has given the city his full commitment and Fire Chief Budzinski has been meeting with fire department staff over the past two months about the process. Human Resources Director Swanson said there is quite a bit of interest from the fire and police to participate on the teams and training is open to all. Special Commission Workshop March 30, 2006 Page 3 of 22 Vice Mayor Portner spoke of senior programs and said we must come up with a slogan to bring attention to those who are not seniors and attract that segment of the population. Vice Mayor Portner asked staff to come up with such a slogan. Commissioner Atkins -Grad made reference to the term "in-betweeners" used by Mayor Flansbaum-Talabisco in her campaign. Mayor Flansbaum-Talabisco asked if we are going to reference a specific age group or just the people we are not currently capturing. Vice Mayor Portner replied those age 55 or under. A lot of people are offended and do not participate because of that. City Manager Miller said this is very relevant. We have programs for seniors and for youths but the middle group seems to be ignored. They do not participate in community groups, perhaps because they are still working. We will not build on our community unless we appeal to the mid -range age group. Commissioner Sultanof relayed a story about meeting a gentleman with two children at the Community Center who expressed delight at moving to Tamarac because of the youth programs. Commissioner Sultanof said the seniors are a dying breed and it is important that seniors with children and grandchildren prosper. Commissioner Atkins -Grad said she struggled for years to bring clients to Tamarac because of our reputation and she feels if we could call ourselves "New Tamarac" we would not then have the age definition we have had; we are going through a rebirth and should market ourselves this way. Mayor Flansbaum-Talabisco said on the campaign trail she had the privilege of being at the Friday night concert series, which is fabulous. The July Fourth Community Night is her favorite event but the concert series was an eye opener. People in their 50's and 60's do not participate in the community because they are involved in other things or not aware of what we have to offer. We need to capture that segment of the population. Commissioner Dressler said all these issues are subordinated to the strategic vision; we have to have a picture of where we are going as a starting point; what we want Tamarac to look like in 10 years — fiscally, financially, demographically and service wise. When we have that vision we can talk about principles such as planning for redevelopment, underlying policy for affordable rental housing or single family homes or condominium convergence. Then we can define what we are trying to do. To measure we must know the drivers of success — the Sterling Award is a good track. Every decision we make must be consistent with our vision, underlying principles, what kind of community we are trying to develop, and everything will flow from there. The bottom up principle for employees gets them involved in short term tactical aspects of the larger plan. Commissioner Dressler asked how soon in the retreat agendas the visioning and strategic plan process would begin. Special Commission Workshop March 30, 2006 Page 4 of 22 City Manager Miller said this process would begin May 4-5, 2006 and it would be a good idea to get the knowledge level of the Mayor and City Commission and staff at the same level. Everything flows from a vision; this is your town. You are all elected and leaders in your respective communities. There is a great mantle of respect and now is a great opportunity to influence the community. We have been on the right track, but we could do better. Commissioner Sultanof said the city is built by the people. General Motors is going bankrupt because of the people. The people keep the city going. If we do not make sure they fit into our plans we will go nowhere. Commissioner Dressler said that would be one of the guiding principles to the vision; to make government as accessible and open as possible (a long term goal). A short term goal would be televising meetings or changing meetings to evenings or show a tape at night of the morning meetings for working people. Vice Mayor Portner said Tamarac was made a City of Character but so far we have done nothing with it. That is one way to get people involved. Vice Mayor Portner asked for a City of Character Board to be formed. Vice Mayor Portner also asked that commission meetings be taken to the public as they had in the past, with three month rotation to different areas in the city. City Manager Miller said he would work with the Mayor and City Commission on their schedules and places to hold meetings. Vice Mayor Portner referenced a Sun -Sentinel article regarding the fact that technology firms are hiring people outside our country as we are 42"d in the world in technology and teaching. Commissioner Dressler said the ultimate issue is how daring and bold do we want to be; do we want to evolve slowly or radically; do we want to attract national attention? Staff needs to know they are empowered so they will be bold, progressive and innovative. Vice Mayor Portner quoted President Adams and said we should do something unexpected and remarkable to show people we want to do things for the City. City Attorney Goren thanked everyone for the opportunity to be present at this morning's meeting and said the last few weeks have been challenging for his firm, as our sister cities have also had many meetings. City Attorney Goren said Tamarac is on the cusp of significant things and we should stay the course. City Attorney Goren gave a presentation on Sunshine Law and Public Records and said when the Mayor and City Commission took their oath of office they took a solemn oath to be in compliance with State Law and the Florida Constitution. Florida has the most liberally construed sunshine act in the country, and it favors the public's right to know and the public's right to access. City Attorney Goren said when the Mayor and City Commission took the Special Commission Workshop March 30, 2006 Page 5 of 22 oath they lost their private rights in their private worlds; they became accessible individuals and there are penalties for non-compliance. City Attorney Goren explained that all meetings of any collegial public body at which public business of such body is to be taken or discussed shall be open and noticed to the public. The key phrase is open; people have the right to know what government is doing and when they are making decisions. Every person has a right to inspect or copy any public record made or received in connection with official business of any public body except for records that are exempt from the statute. City Attorney Goren spoke of the Sunshine Law Manual and said if the Mayor and City Commission has any questions concerning public records he is their legal counsel and they should ask him these questions, because reliance upon advice of counsel protects them. (City Attorney Goren distributed Section 286, F.S. a copy of which is attached hereto and incorporated herein as part of these minutes.) Vice Mayor Portner asked if the State Legislature operates under different laws. City Attorney Goren responded they are exempt from Sunshine. There are only three venues under which the Mayor and City Commission can hold private discussions: shade sessions for litigation; labor negotiations; and to discuss plans of public buildings. The intent of the Sunshine law is to cover meetings at which foreseeable action may be taken. Any two or more members of this body meeting to discuss issues that will foreseeably come before the Mayor and City Commission or crystallize ideas will be in violation of State law. The media has the right of access. The law permits social gatherings but there is suspicion written into the Statute; being together creates certain presumptions. The City Manager can not be a conduit between two commissioners on topics that may come before them; the same goes for the City Attorney, Assistant City Attorney, Assistant City Manager and Deputy City Manager. With regard to telephonic representation at meetings, if a commissioner can not be present at a meeting there must be a physical presence at a meeting in a telephonic conference and it must be a clear interchange. Vice Mayor Portner asked if it would be possible to petition the legislature for municipalities to have the same rights under the Sunshine law? City Attorney Goren said this has been discussed ever since the legislature amended the law but it has fallen on deaf ears. Sunshine is an important topic. The City Clerk is the repository under state law of all public records; she is obligated to keep minutes of meetings and records of meetings. The Jennings case, 1991 was a landmark case with regard to access to public officials. A developer wanted to develop property and he hired attorneys to get to commissioners and staff in Miami to convince them it was a good thing before the item came to the commissioners for a vote. The item passed but residents objected to the proposed project and said they did not have the same right of access to government and staff, so they sued Miami -Dade. The 3�' DCA ruled in favor of the public and said ex-parke communications are illegal and unlawful in the context of Florida law. While Miami -Dade did not appeal the case, the legislature said public officials are elected to represent the people and changed the Statues in 1992 whereby Special Commission Workshop March 30, 2006 Page 6 of 22 public officials can have conversations with applicants and third parties as long as these conversations are disclosed on the record, unless a municipality has an ordinance in place that says these conversations can occur without the need for disclosure. Commissioner Dressler confirmed the basis of Jennings is that the public did not have an access point. City Attorney Goren spoke about the commission meeting held on March 22nd and said it was a classic example of the public's right to access. City Attorney Goren said no member of any board present at a meeting at which official action will be taken may abstain from voting except when there is a conflict of interest under the law. Assistant City Attorney Klahr explained in cases where a commissioner must leave the room at a time that a vote will be taken, that commissioner may, upon return to the room, ask for his/her vote to be counted. City Attorney Goren said at quasi-judicial hearings the commissioners must be in attendance to make a decision. City Attorney Goren spoke of Chapter 119, F.S., public records. City Attorney Goren said everything, including e-mail is a public record except for that which is exempt. City Attorney Goren discussed several exemptions from public records. City Attorney Goren said many have both public and private e-mail accounts, but if you conduct public business on a private e-mail system, under Florida law that is then accessible. Mayor Flansbaum-Talabisco questioned cell phones and Blackberries. City Attorney Goren said it is all public record. The law also reaches voice mail (which are transitory in nature) and physical mail. Mayor Flansbaum-Talabisco confirmed that when there may be a question, don't use the system. City Attorney Goren spoke of a newspaper article this morning regarding the Mayor of Deerfield Beach alleging interest the Mayor may have taken in a city employee, and the involvement of an intermediary employee. The issue here is a public record disclosure, and the exchanges between the parties became public record. The commission is under a microscope. Mayor Flansbaum-Talabisco asked if a reporter comes to her office and asks to see everything, are date books in her purse included? City Attorney Goren said calendars are accessible. Reporters want to know everything you do; they want to look at your calendars and private calendars are accessible to the press. Special Commission Workshop March 30, 2006 Page 7 of 22 City Manager Miller said a reporter new to Tamarac a few years ago wanted to see every piece of paper reviewed by the City Commission. The request was honored. Mayor Flansbaum-Talabisco questioned, for example, medical appointments placed on the city calendar by her assistant, merely for ease of scheduling other meetings. Commissioner Dressler said he believed he could claim privilege for meetings with outside attorneys for his outside work. Commissioner Sultanof left the room at 10:50 a.m. and returned at 11:00 a.m. Deputy City Manager Cernech said things could be put on the calendar, such as doctor appointments, but when asked what they are about the Mayor and City Commission could tell the press it is not city business, and if a lunch date is put on the calendar and it is not a public situation, the Mayor and City Commission can also say it is not city business. The best rule is to do public business publicly and keep your private lives private. If this means keeping two calendars, then that is what you need to do. In our system, the Mayor and City Commission roles are structured so you are part time employees on call 24/7. Your time is your own. If you have to give testimony from noon — 6:00 p.m. for outside business, that is your right to do it. Human Resources Director Swanson said it would be helpful if you explained when reporters request records, records must exist and can not be everything on your desk. City Attorney Goren said the press goes on fishing expeditions. If there is no public record, do not create one. If there is a record, it does not have to be provided the same day. Our City Clerk responds appropriately to records requests, acknowledging receipt of the request and then beginning the process to gather the information. City Manager Miller said if a member of the press is haranguing any one of the Mayor and City Commission about an issue let him know and he will have our Public Information Officer respond to the media. The media likes us and our Clerk responds quickly. City Attorney Goren said it is important to realize we live in a significant public records/sunshine world and the Mayor and City Commission are in that world. City Attorney Goren suggested the Mayor and City Commission be visible, thoughtful, and cognizant of the fact that there are forces out there we can not control. If there is any doubt about being together or getting records, please ask the City Attorney. Tamarac is a great place to be; a great city on the cusp of very good things. With your good graces and good work and administration's good work a lot of good things can happen. Executive sessions are exempt from open meetings; negotiations of contracts in Tamarac have been a successful process. Government does not work from 9:00 — 5:00; you are accessible and may be confronted by many issues. 1 Special Commission Workshop March 30, 2006 Page 8 of 22 Mayor Flansbaum-Talabisco recessed the meeting at 11:10 a.m. and reconvened at 11:30 a.m. with all present as before. Financial Services Director Chapman explained fund balance and said it is a measure of financial resources available in a governmental fund. The four designations are reserved, unreserved, designated and undesignated. Unreserved is divided into designated and undesignated. The majority of revenues come in during November and December and the fund balance is like keeping a balance in a checking account, and allows us to pay bills even though there is not a steady income. The commission sets the fund balance policy. Financial Services Director Chapman reviewed the fund balance ranges. Commissioner Dressler asked why there is a cap and Financial Services Director Chapman said it was set by the founding fathers. Commissioner Sultanof confirmed that funds to carry us over have nothing to do with taxation. Commissioner Sultanof said we always had less than the 10% cap and there have been discussions in the past about perceived surpluses. Commissioner Dressler said if we look at finance as a function of the City's long term vision, the city has a fiduciary responsibility to make sure of anticipated variations in cash flow and a fund excess of 10% would be rational. Financial Services Director Chapman replied that is why we forecast 5 years. The 10% cap is on undesignated fund balance; the charter also allows for money in reserves. We are able to fund future needs as we see them on a level basis and we put money in the designated reserves and as items come up we have the money set aside in reserves. These items are planned for and budgeted for. Financial Services Director Chapman spoke of the Britt case and the fact that the City put aside $3 million in anticipation of losing the case. Commissioner Atkins -Grad asked for a synopsis of the Britt case. City Attorney Goren explained the special assessment for Fire Rescue — fire service can be a special assessment but not rescue service; there must be a fair apportionment and a benefit to property. Many cities changed their codes so as not to assess for rescue, only for fire. Financial Services Director Chapman said at the end of April the outside auditor will make a presentation of the annual audit report ending September 2005. This will show the CAFR total fund balance. Commissioner Sultanof asked who would do the audit and Financial Services Director Chapman said last year Grau & Company did; they have since changed their name. This is the same company that was in Davie, but not the same office; they used the Boca office and we used the Miami office. Financial Services Director Chapman said Special Commission Workshop March 30, 2006 Page 9 of 22 he had told Pablo Llerena that he did not want Boca accountants to do our audit. Financial Services Director Chapman spoke of the one-year renewal on the contract with Grau. Commissioner Sultanof asked if there is a window we can exercise for the one-year renewal. Financial Services Director Chapman replied the purchasing manager is looking at the contract, and if a new RFP is needed we will follow the appropriate purchasing law. Financial Services Director Chapman discussed the fund balances. Commissioner Sultanof said when the surplus was spoken of in prior years the unreserved undesignated balance was not taken into account; the surplus is actually only $3 million. Vice Mayor Portner questioned whether we received full or partial reimbursement for hurricane damage and repair. Financial Services Director Chapman said we get 75% from FEMA then 12.5% from the State. The federal government at times makes exceptions to the rule. Vice Mayor Portner asked if it is expedient to pay down our debts from the $2.9 million overage. Financial Services Director Chapman said no because the level of cost of debt is low so it is a good funding source. We can not call bonds so all we would be able to do would be restructure the money in a bond fund. Financial Services Director Chapman said his recommendation at this time is to increase the economic stabilization reserve. FEMA has been calling their reimbursements grants, which may be a precursor for future action on their part. Commissioner Dressler questioned amending the charter for a higher percentage of cash balance. Financial Services Director Chapman said by charter we are allowed to allocate money to the designated reserves. Commissioner Dressler said in terms of fiscal planning we need to look at the fund balance within the context of one year's cash flow; another perspective is to look at it in 3-5 year blocks. Financial Services Director Chapman said we could put the $2.9 million into new reserves; he would like to move the economic stabilization fund to $4 million and take money from the capital improvement projects with the remaining $900,000 for future projects. This would be a one time purchase of capital items. Financial Services Director Chapman spoke of a projected increase of 10% for the 2007 tax base with a Special Commission Workshop March 30, 2006 Page 10 of 22 falling taxable value. Three percent is automatically built in because of the save our homes bill. Financial Services Director Chapman said the general fund gets the most scrutiny. Stormwater and fire funds are driven by fees. Commissioner Sultanof asked if the property purchased for the new utility complex was purchased with utilities money and Financial Services Director Chapman said the 10 acres were purchased with monies out of the utility fund. Commissioner Sultanof asked if we were going to sell 4 acres of the property and City Manager Miller said we could sell it but he does not recommend doing that at this time. Commissioner Dressler asked if we considered adding a line item for future programs that might require city funds, such as post disaster assistance for residents. City Manager Miller said in the budget funds are being allocated to assist these people and at the next workshop on April 10 the afternoon session will be to discuss hurricane preparation. Financial Services Director Chapman said the fund balance forecast is not for programs; it is for capital items which are one time expenditures. Commissioner Atkins -Grad asked if the 70t" Avenue sidewalk project is already budgeted and if this is going on in other areas. Financial Services Director Chapman said it is appropriated in the capital improvement budget and there will be a presentation on capital improvements during today's afternoon session. Financial Services Director Chapman added even though we are in a falling environment of tax growth, we are maintaining an 8% - 9.5% undesignated fund balance; over the next few years the city will be financially healthy. Commissioner Dressler said if we are in a rising interest rate environment we should wait a few years so we can then purchase back bonds at a discount. Commissioner Dressler questioned the range of basis points. Financial Services Director Chapman said he had not done any research on this at this time. The General Fund GO debt has two different millages; 6.2499 for operating and a smaller millage paying off GO debt. Financial Services Director Chapman spoke of past residents benefiting from a program if we were to pay cash, and current and future residents benefiting from a program should the cost be spread out over years. Vice Mayor Portner asked if the road resurfacing debt has been paid off and Financial Services Director Chapman said the program is almost complete but the debt will take another eight years to pay off. Our forecast is reliable; 20%-25% of our expenditures are locked in stone, with the Sheriffs contract and 60% with salaries. There is very little discretionary funding in this forecast. The biggest change will be growth and property taxes. We do not anticipate 17% increase as it has been. Financial Services Director Special Commission Workshop March 30, 2006 Page 11 of 22 Chapman went over the FY2007 budget calendar and said on June 19th the proposed budget will get to the Mayor and City Commission and on June 27th we will hold the budget workshop. The first public hearing is scheduled for September 13th and the second public hearing for September 20th Commissioner Sultanof asked how the investments are doing. Financial Services Director Chapman said the Mayor and City Commission each get a monthly investment report and the investment committee is aware we are keeping our investments on a short term basis. Every month the yield is going up and when our investment advisor says interest rates have leveled off we will begin to ladder our investments to lock them in to higher yields. Financial Services Director Chapman spoke of themes and priorities for FY2007; continue prior commitments, continue projects in the CIP, continue fund reserves for replacement equipment, and process improvement. Human Resources Director Swanson spoke of labor relations and said Tamarac has its bargaining employees (FPE and IAFF) as well as non -bargaining employees, consisting of executive, managerial, professional, and confidential employees. Under state law positions are bargaining positions, and the employee holding the position does not have to be an active member of the union, but the rules apply to the employees. The collective bargaining agreements are for three years; FPE 10/1/05 — 9/30/08 and IAFF 10/1/03 — 9/30/06. The firefighters' contract is up this year and we will begin negotiations this summer. Human Resources Director Swanson described the process and discussed executive sessions which are one of the few meetings we are able to hold under law outside of the sunshine. These are strategy sessions for the commission to know what is on the table and to come up with what our responses will be. Items negotiated are salary, benefits and working conditions. Mayor Flansbaum-Talabisco said with regard to working conditions, we are making improvements in the fire stations, and asked if these would be completed by the time negotiations begin. City Manager Miller said we are painting, replacing mattresses and cleaning and fixing up now. Some things will be done by the start of negotiations but some things require contractors. The firefighters are aware of what we are doing and we have asked the firefighters to sit with the architect for one of the renovations. Mayor Flansbaum-Talabisco asked City Manager Miller to check to make sure the firefighters are aware of what is going on. City Manager Miller encouraged the Mayor and City Commission not to get into conversations with the firefighters during negotiations, as everything said relative to the groups' decisions gives away the negotiating position. City Attorney Goren explained the executive sessions have no tapes, no minutes and no paperwork. City Attorney Goren told the Mayor and City Commission they could listen to the firefighters if the firefighters want to talk to them about the contract but Special Commission Workshop March 30, 2006 Page 12 of 22 cautioned the Mayor and City Commission not to respond. Many times the union knows more about the negotiations before Human Resources finds out. Human Resources Director Swanson said staff will do what the Mayor and City Commission direct them to do; those negotiating for management are the Mayor and City Commission's representatives. City Manager Miller said the firefighters' union would take all the discretionary revenue if they were able. Financial Services Director Chapman said if benefits to the firefighters were increased, it would directly increase the assessment for every resident. We can, however, increase their salaries. Commissioner Dressler asked if this is true of every department. Financial Services Director Chapman said it is not; the fire fund is not property tax revenue driven, it is fee driven. There are separate fee funds for the fire department along with transfers from the general fund to pay for EMS services. Any increased expense in the fire department will increase the fire assessment fee. Commissioner Dressler said a strategic negotiating goal can not be no movement. We must maintain value to maintain highly trained employees. Deputy City Manager Cernech said there are annual increases of salary/benefits in the fire department. Financial Services Director Chapman said the 4% increase of $800,000 per year is based on the last contract. Mayor Flansbaum-Talabisco confirmed the fire assessment is now $129.00 per year. Commissioner Atkins -Grad asked how this compared to other cities and City Manager Miller said we are in the middle. Human Resources Director Swanson said before negotiations begin we will compare ourselves to other cities and we expect salaries will have to increase. The question is, how much? There are ranges for entry level firefighters and every year steps increase by 7.5%; for lieutenants, 3%. Some long term firefighters are maxed out at their steps and will only get COLA increases. Commissioner Dressler said we must have a negotiator and listening to the firefighters is probably necessary but we must only have one negotiator. Human Resources Director Swanson said it is important to listen. You may hear something we did not hear. Firefighters who are retiring shortly may want an increase Special Commission Workshop March 30, 2006 Page 13 of 22 in their pension, while those just starting may want cash up front. We have to balance all of that. Our workforce in the fire department is diverse and we need to balance and come up with what is important to all. We will hold as many executive sessions as needed to fully inform the Mayor and City Commission and seek your direction. (Human Resources Director Swanson distributed copies of the FPE and IAFF Bargaining Unit contract handbooks, copies of which are incorporated herein and made part of these minutes.) Commissioner Dressler said NOVA offers a masters degree in conflict resolution and this may be good training for the commissioners for an overview of the process. City Manager Miller said if anybody is interested in attending, he will make the arrangements. Mayor Flansbaum-Talabisco recessed the meeting at 12:40 p.m. and reconvened at 1:40 p.m. with all present as before and with the addition of the following people: Director of Community Development King, Fire Chief Budzinski, Utilities Director Gagnon, Public Information Officer Crockett, Parks and Recreation Director Warner, IT Director Sucuoglu, Assistant Public Works Director/City Engineer Doherty, Public Works Director Strain, and Economic Development Manager Berns. Public Works Director Strain and Parks and Recreation Director Warner gave an update on the CIP, and discussed the Sports Complex, Public Service Fueling Center and Dog Park. (Public Works Director Strain distributed a copy of the Capital Improvement projects, etc., attached hereto and incorporated herein as part of these minutes.) Vice Mayor Portner questioned the completion date of the fueling center and Public Works Director Strain said December 2006. Mayor Flansbaum-Talabisco said she is familiar with the non-profit group KAZ's Corner and questioned their pledge of support for the Dog Park and whether an agreement would need to be formalized. Parks and Recreation Director Warner explained they said they would assist with set up operations, signage, their people would patrol to make sure waste is picked up, assist with fund raising and oversee the facility; in essence, any assistance they could give to operate and communicate with the community. Public Works Director Strain said most facilities of this type are unmanned and what KAZ's Corner is proposing is participation in the process should someone misuse the facility. Parks and Recreation Director Warner said it is possible a memorandum of understanding is all that would be needed. Commissioner Sultanof questioned the involvement of Hermie from BSO and spoke about possible grant funding from the state. Parks and Recreation Director Warner said the facility qualifies for recreation grants but we are limited by the state as to the number of grants we can have open at any one Special Commission Workshop March 30, 2006 Page 14 of 22 time. At $155,000 for the dog park, the city would be better off applying for grants for other projects that are more costly. Vice Mayor Partner questioned the maintenance cost per year for the dog park and Parks and Recreation Director Warner said it is minimal, covering mowing and bags to pick up waste, it should not be more than $10,000-$15,000 per year. Public Works Director Strain said the dog park will be adjacent to an existing park and eventually will be part of the larger park. Public Works Director Strain and Parks and Recreation Director Warner spoke about Southgate Linear Park, Phases 1A and 1B. Commissioner Sultanof questioned county monies for Greenways and Parks and Recreation Director Warner said it ties into Broward County Greenways, and we will receive funding from them. Public Works Director Strain and Parks and Recreation Director Warner continued with Caporella Aquatic Center. Mayor Flansbaum-Talabisco said two schools are directly across the street from the project but there are numerous other schools in the area, both Charter and private. Mayor Flansbaum-Talabisco asked if there are outreach programs with these schools so they can participate. Parks and Recreation Director Warner said we will reach everybody we can. We have outsourced management of the pool and a member of Ellis Staff, project manager is currently making contacts with schools. Public Works Director Strain and Parks and Recreation Director Warner continued discussion with the Aquatic Annex Project, Southgate Linear Park, Phase II, 70th Avenue Traffic Calming, Nob Hill Road Beautification, Phase 56, Roadway Improvement Program, and Recreation Center Demolition and Reconstruction. Mayor Flansbaum-Talabisco questioned the impact on the fields during construction and Parks and Recreation Director Warner said the fields will remain as they are and will be usable during construction of the project. Mayor Flansbaum-Talabisco noted the parking lot at the Recreation Center is very dark and nasty and Public Works Director Strain said it is included as part of the project for enhancement. Public Works Director Strain and Parks and Recreation Director Warner spoke about the Waters Edge Park. Commissioner Sultanof asked staff to contact Broward Teachers Union regarding the tower that is slated to be placed behind their building and the fence that is down. Public Works Director Strain explained the fencing damage was put in as a claim to FEMA and it will be repaired. IT Director Sucuoglu said the tower structure is proposed to blend in Special Commission Workshop March 30, 2006 Page 15 of 22 with the current environment. Additionally, the city needs an easement on the BTU property and they have not been very cooperative with us. IT Director Sucuoglu said he would contact BTU. Public Works Director Strain and Parks and Recreation Director Warner spoke of the Southgate Boulevard Streetscape Improvement Project. Mayor Flansbaum-Talabisco said at the last commission meeting before the election, Commissioner Roberts and people from the audience raised questions about the project; Mayor Flansbaum-Talabisco asked for refreshed details on the project. Public Works Director Strain said he met with Mr. Benenson, the homeowner association president and discussed the problems. Additionally, Public Works Director Strain is scheduled to attend the Homeowners' Meeting tonight to further discuss the project and the traffic circle at 103rd and 1loth . Residents are concerned about losing their landscaping at the entry into the community. The city said it would build a low wall at each traffic circle entering the subdivision that the community could use for their signs. The city is not taking the residents' land; it so happens people planted landscaping in the city's right of way. The city is doing the best it can to compromise and satisfy everybody. Commissioner Sultanof asked Public Works Director Strain to give him a report on the meeting as it is in his district. Commissioner Sultanof said he attended a homeowners' . meeting in that subdivision, and tried talking with the people. Mayor Flansbaum-Talabisco said her concern is that it sounds like what the commission voted on is not what is happening. Public Works Director Strain explained there are several conceptual plans circulating without the roundabouts included in them. What he has shown the commission today is the original plan; it is conceptual and as the project evolved we realized the need for traffic calming, and traffic circles work well. Mayor Flansbaum-Talabisco said concepts are ambiguous. Public Works Director Strain agreed conceptuals are a broad brush approach, and very early on in the project several conceptual plans were out there; we tried to incorporate all the features the neighborhood wanted. Commissioner Dressler said this project refers to traffic calming west of Nob Hill as well as a meandering road, and asked if there is any meandering road slated to be constructed east of Nob Hill. Public Works Director Strain said the only reason we are able to do this is because we own this portion of Southgate Boulevard; the rest is owned by the County. Due to the level of service, we could not reduce the road to a two-lane road elsewhere. Additionally, this part of the road goes into a dead end. Commissioner Dressler questioned the traffic calming impact on Southgate Boulevard from Pine Island going west; the original concept was to reduce the road from four to Special Commission Workshop March 30, 2006 Page 16 of 22 two lanes. Public Works Director Strain explained this is only from Nob HIII west, where the traffic is low. East of Nab Hill the volume is high. BSO Chief Dugger said a big complaint of the residents is drag racing at the far western end of the roadway. Traffic calming will eliminate that complaint. Public Works Director Strain spoke about the stormwater pump stations, Phase I and II. Vice Mayor Portner questioned what the city paid for the property and Public Works Director Strain said $29,000 but we also had to pay for attorney fees which came to $70,000. The original asking price for the land was $1 million. Public Works Director Strain discussed the citywide culvert improvement project. Vice Mayor Portner asked what NRCS stands for. Public Works Director Strain replied Natural Resource Conservation Service, and added it is a federal agency. Public Works Director Strain continued with the fire station facades and renovation, and the courtyard covered walkway from Tamarac Community Center to the Library. Commissioner Sultanof said several years' back he raised $40,000 for city benches at the library and added it is a Tamarac Branch Library, not a county library. City Manager Miller explained there are temporary benches there now and the permanent benches will be marked City of Tamarac. When the design is done for the walkway there will be designated areas for benches, and we want all the street furniture to be upgraded and consistent. Public Works Director Strain and Parks and Recreation Director Warner explained the Tamarac Community Center expansion. Vice Mayor Portner said he and City Manager Miller are trying to get Washington to pay for the project. Public Works Director Strain continued with the Boulevards drainage improvement project, citywide guardrail improvement project, boat ramp installation project, and McNab median beautification project from University Drive to the eastern city limits. Utilities Director Gagnon spoke of the public services complex addition. Mayor Flansbaum-Talabisco questioned how the 1,200 sq. ft. chemical storage building would be secured. Utilities Director Gagnon said the building would be locked at all times and the area gated with an 8 ft. fence. Special Commission Workshop March 30, 2006 Page 17 of 22 Mayor Flansbaum-Talabisco called for a recess at 2:45 p.m., and reconvened the meeting at 2:55 p.m. with all present as before. City Attorney Goren said earlier he spoke of open government, sunshine, and access to government. This afternoon he would speak of ethics in government. City Attorney Goren said public service is a public trust. Public officials must be independent and impartial. Public office is not for private gain. There are standards for conduct of elected officials and employees for any conflicts that may exist. Conflict of interest must not impede on those qualified to serve. City Attorney Goren spoke of disclosure and the fact that the ethics law applies to staff as well as elected officials. Commissioner Sultanof left the meeting at 3:05 p.m. City Attorney Goren explained breach of the public trust and spoke of gifts, such as real property, use of real property, tangible or intangible personal property, preferential rate or term on loan, goods, or services, preferential treatment with regard to relationships, forgiveness of indebtedness, transportation other than that provided by the agency (i.e., trips), food, membership dues, entrance fees and admission fees. City Attorney Goren enumerated prohibited acts as public officers, such as solicitation or acceptance of gifts, working through a shell corporation, unauthorized compensation, misuse of public office (one shall not corruptly use ones official position or property or perform acts for special privilege or benefit for oneself or others), conflicting employment or contractual relationships. An elected official must vote unless there is a conflict, and then the official must file a statement of voting conflict with the City Clerk within 15 days of the vote. City Attorney Goren spoke of employees holding office and said they can not supervise themselves; City Attorney Goren spoke of dual office holding. Deputy City Manager Cernech questioned Dr. Levy serving in Pembroke Park and also serving on another city's commission. Assistant City Attorney Klahr said the way Pembroke Park's Charter is set up he is not an officer of that city. City Attorney Goren addressed lobbying by former public officials, and the fact that there is a two-year waiting period. City Attorney Goren said if a vote you would take as a public official would enure to your gain or loss you can not vote. One can recuse oneself on the record and state the reason for the conflict and then file the appropriate form with the City Clerk. City Attorney Goren said when in doubt, both staff and the elected officials should come to him with any questions they may have. City Attorney Goren added if an elected official recuses him/herself from a vote, that person still counts as part of the quorum. Vice Mayor Portner asked if there are limits on the amount of gift one can accept. City Attorney Goren said there is. (City Attorney Goren distributed copies of a presentation from Virlindia Doss, entitled Laws Relating to the Acceptance and Special Commission Workshop March 30, 2006 Page 18 of 22 Disclosure of Gifts, a copy of which is incorporated herein and made part of these minutes.) Vice Mayor Partner asked how gifts apply to campaign funds and City Attorney Goren said campaign funds fall under a different statute. Vice Mayor Portner questioned lobbyists. City Attorney Goren said campaign related issues are not the same as gifts, and you can not take a gift valued over $100 from a vendor doing business with the city. Vice Mayor Partner asked if there is a form to use declaring a gift over $100. City Attorney Goren said if a person is not doing business with the city you can accept a gift over $100.00. Commissioner Dressler questioned lobbying on behalf of the city. City Attorney Goren said something can be accepted on behalf of the city but not for oneself. Commissioner Atkins -Grad questioned use of her personal phone where she answers Commissioner and Real Estate Agent. City Attorney Goren said this is okay if it is her personal phone and not paid for by the city. City Attorney Goren continued discussing the Ethics Commission, and said this is an appointed commission. City Attorney Goren said with regard to any ethics question, he advised the elected officials to take a step back and think before saying anything. Today's discussion is to sensitize everyone to the fact that while you may be honest the world around you is not so honest. Public office holders and employees become recipients of complaints. The City of Tamarac Code states no officer or employee shall accept any gift of any value. Commissioner Dressler asked if it is legal for Tamarac to hold itself to a higher standard and avoid the appearance of conflict, and whether this needs to be documented in an ordinance to be applicable. City Attorney Goren said it would be helpful. City Manager Miller said he appreciated everyone's patience throughout the day. Assistant City Manager Phillips said staff talked about issues to present to the Mayor and City Commission and would like to see if there are other issues or items the Mayor and City Commission would like added to the list. Assistant City Manager Phillips listed staffs suggested issues: hurricane preparedness, which will be discussed at the next workshop meeting; affordable housing; BSO visibility; budget overview and processes; main street project; development process; Southgate Boulevard and Southgate Linear park; five-year economic development plan; mass transit (MPO's plans and their impact Special Commission Workshop March 30, 2006 Page 19 of 22 to Tamarac); turnpike expansion; emergency response; employee retention and recruitment; and diversity. Mayor Flansbaum-Talabisco suggested adding televising meetings. Mayor Flansbaum- Talabisco asked what venues are going to be used to discuss each subject. City Manager Miller said if the Mayor and City Commission likes this format we can schedule more retreats, but they do not have to be whole day meetings. Vice Mayor Portner said he thought one day each week for each subject, limited to 1 '/2 hours each would work well. City Manager Miller said some topics will not generate long discussions and if there is a light workshop agenda we can tack on items to the workshop agendas. Some items may be bundled, e.g., development and main street. There are some items on transportation that could be put together. Vice Mayor Portner said to sit for as long as we have today we tend to lose our focus. Bundling some items or single items are okay, but he would prefer to get the discussions done sooner than later. City Manager Miller asked whether the Mayor and City Commission would like this venue or to hold the meetings at City hall. Mayor Flansbaum-Talabisco said it is important to have staff present. City Manager Miller agreed there are certain constraints; the meetings need to be recorded and staff needs to be present, so the meetings would best be held in the Tamarac Community Center or city hall. Mayor Flansbaum-Talabisco said holding the meetings from 9:00 a.m. — noon or from 1:00 — 4:00 p.m. would be good, based on the Mayor and City Commission's schedule, and bundling several items together would also work well. Hurricane preparedness is the timeliest issue and that will appear on the April 10th workshop. Mayor Flansbaum- Talabisco said if it is easier and we do not have to move things, city hall would be a good venue, either room 105 or room 204. Mayor Flansbaum-Talabisco said with regard to the Southgate Boulevard and Linear Park projects more discussion is needed, and she needs a greater comfort level. It appears that what was talked about and what eventually got to the public is not the same thing. Additional steps may be needed. Commissioner Dressler said he attended the Woodmont Property Owners Association meeting at which 15-30 residents were present. There was discussion regarding the 70th Street construction. The previous City Commissioner attended and talked about the linear park meandering, which reinforces Mayor Flansbaum-Talabisco's point Special Commission Workshop March 30, 2006 Page 20 of 22 1 regarding concepts being discussed at the commission level but at application there may be reasons for differences. Commissioner Dressler said he also would like an interim step and updating on anything voted on that may change. Mayor Flansbaum-Talabisco said there is nothing like seeing a professional do his/her job. Mayor Flansbaum-Talabisco said she does not have as much understanding as she would like when she looks at plans, and she needs more education with regard to design. City Manager Miller said engineering projects and capital projects start with an idea. Staff gives the idea to the Mayor and City Commission. Staff puts the conceptual design together and if the Mayor and City Commission are interested they are then asked if they want to go to design or purchase the property. If the Mayor and City Commission say to go ahead, staff brings the final design back for approval before the final contract is entered into. Southgate was in the planning stages for two years. The homeowner group staff met with is not there now and the new people have issues. This project would never go to final drawing without the Mayor and City Commission's concurrence. Commissioner Dressler said anything that comes up in his district (any material difference from conceptual review) must be brought to Commissioner Dressler's attention. Mayor Flansbaum-Talabisco asked at what point would Public Works Director Strain want the Mayor and City Commission involved in his discussions with the public. Public Works Director Strain said he sometimes goes to meetings because he is asked to by the Mayor or a commissioner. If the Homeowners Association calls he car- notify the Mayor and City Commission that he has been called. Public Works Director Strain said if the Mayor and City Commission would like he can inform the commissioner of the particular district of the meeting. City Manager Miller said the staff would love to have the commissioner(s) attend. Mayor Flansbaum-Talabisco said the best way to filter information is through the City Manager's office and then to the districts. Public Works Director Strain said he missed the boat on the Southgate project; he should have done a presentation to the association but he was not involved with the original concept. Mayor Flansbaum-Talabisco said the most important thing to remember is that nobody is perfect. We are a team and we need to keep the dialogue open and help each other, and plan how to move forward. Special Commission Workshop March 30, 2006 Page 21 of 22 City Manager Miller said if the Mayor and City Commission think of any issues they would like to discuss they should call or e-mail him. City Manager Miller suggested branding could be bundled with the economic development plan. Commissioner Dressler said he would like to see young working people get involved and would like a time of day or week to schedule meetings, especially board meetings, when they can attend. City Manager Miller said that goes with the idea of moving meetings throughout the community. Mayor Flansbaum-Talabisco agreed staff should bundle topics. City Manager Miller thanked everyone for the time spent at today's meeting. Commissioner Dressler said it has been a very informative day. Commissioner Atkins -Grad said it is a great way to start out. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the special workshop meeting at 4:20 p.m. Marion Swenson, CIVIC City Clerk Special Commission Workshop March 30, 2006 Page 22 of 22 Statutes & Constitution :View Statutes : online Sunshine Page 1 of 11 The 2005 Florida Statutes Select Year: 2005 Go CHAPTER 286 PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.001 Reports statutorily required; filing, maintenance, retrieval, and provision of copies. 286.0105 Notices of meetings and hearings must advise that a record is required to appeal. 286.011 Public meetings and records; public inspection; criminal and civil penalties. 236.0111 Legislative review of certain exemptions from requirements for public meetings and recordkeeping by governmental entities. 286.0113 General exemptions from public meetings. 286.0115 Access to local public officials; quasi-judicial proceedings on local government land use matters. 286.012 Voting requirement at meetings of governmental bodies. 286.021 Department of State to hold title to patents, trademarks, copyrights, etc. 286.031 Authority of Department of State in connection with patents, trademarks, copyrights, etc. 286.035 Constitution Revision Commission; powers of chair; assistance by state and local agencies. 286.036 Taxation and Budget Reform Commission; powers. 286.041 Prohibited requirements of bidders on contracts for public works relative to income tax returns. 236.043 Limitation on use of funds for discriminatory contract or bid specifications relating to car rental concessions at airports. 286.23 Real property conveyed to public agency; disclosure of beneficial interests; notice; exemptions. 286.25 Publication or statement of state sponsorship. 286.26 Accessibility of public meetings to the physically handicapped. http://www.leg.state.fl.us/Statutes/index. cfm?App_mode=Display_Statute&URL=Ch0286/... 3/29/2006 ` Ntatutes & Constitution :View Statutes : Online Sunshine Page 2 of 11 286.27 Use of state funds for greeting cards prohibited. 286.001 Reports statutorily required; filing, maintenance, retrieval, and provision of copies.-- (") Unless otherwise specifically provided by law, any agency or officer of the executive, legislative, or judicial branches of state government, the 'State Board of Community Colleges, the 'Board of Regents, or the Public Service Commission required or authorized by law to make reports regularly or periodically shall fulfill such requirement by filing an abstract of the report with the statutorily or administratively designated recipients of the report and an abstract and one copy of the report with the Division of Library and Information Services of the Department of State, unless the head of the reporting entity makes a determination that the additional cost of providing the entire report to the statutorily or administratively designated recipients is justified. A one -page summary justifying the determination shall be submitted to the chairs of the governmental operations committees of both houses of the Legislature. The abstract of the contents of such report shall be no more than one-half page in length. The actual report shall be retained by the reporting agency or officer, and copies of the report shall be provided to interested parties and the statutorily or administratively designated recipients of the report upon request. (2) With respect to reports statutorily required of agencies or officers within the executive, legislative, or judicial branches of state government, the 'State Board of Community Colleges, the Board of Regents, or the Public Service Commission, it is the duty of the division, in addition to its duties under s. 257.05, to: (a) Regularly compile and update bibliographic information on such reports for distribution as provided in paragraph (b). Such bibliographic information may be included in the bibliographies prepared by the division pursuant to s. 257.05(3)(c). (b) Provide for at least quarterly distribution of bibliographic information on reports to: 1. Agencies and officers within the executive, legislative, and judicial branches of state government, the 'State Board of Community Colleges, the 1Board of Regents, and the Public Service Commission, free of charge; and 2. other interested parties upon request properly made and upon payment of the actual cost of duplication pursuant to s. 119.07(1). (3) As soon as practicable, the administrative head of each executive, legislative, or judicial agency and each agency of the 'State Board of Community Colleges, the 'Board of Regents, and the Public Service Commission required by law to make reports periodically shall ensure that those reports are created, stored, managed, updated, retrieved, and disseminated through electronic means. (4) Nothing in this section shall be construed to waive or modify the requirement in s. 257.05(2) pertaining to the provision of copies of public documents to the division. History.--ss. 26, 28, 29, ch. 84-2-54; s. 12, ch. 92-98; s. 104, ch. 92-142; s. 29, ch. 95196. http://www-leg. state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0286/... 3/29/2006 Statutes & Constitution :View Statutes: Online Sunshine Page 3 of 11 'Note. --Abolished by s. 3, ch. 2001-170. 286.0105: Notices of meetings and hearings must advise that a record is required to appeal. --Each board, commission, or agency of this state or of any political subdivision thereof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The requirements of this section do not apply to the notice provided in s. 200.065(3).. History.--s. 1, ch. 80-150; s. 14, ch. 88-216; s. 209, ch. 95-148. 286,011 Public meetings and records; public inspection; criminal and civil penalties.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside .the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an http://www_ieg. state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0286/.... 3/29/2006 'Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 11 action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons Present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney -client session and http://wwrv.leg.state.fl.us/Statutes/index.cfrn?App_mode=Display_S tatute&URL=ChO286/... 3/29/2006 'Statutes & Constitution : View Statutes. Online Sunshine Page S of 11 the names of persons who will be attending the session. The session shalt commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney -client session and the names of the persons attending. At the conclusion of the attorney -client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e)' The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95.353. 286.0111 Legislative review of certain exemptions from requirements for public meetings and recordkeeping by governmental entities. --The provisions of s. 119.15, the Open Government Sunset Review Act of 1995, apply to the provisions of law which provide exemptions to s. 286.011, as provided in s. 119.15. History.--s. 9, ch. 84-298; s. 2, ch. 85-301; s. 3, ch. 95-217. -286.0113 General exemptions from public meetings. --Those portions of any meeting which would reveal a security system plan or portion thereof made confidential and exempt by s. 119.071(3)(a) are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution. This section is subject to the Open Government Sunset Review Act, in accordance with s. 119.15, and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature. History.--s. 2, ch. 200.1-361; s. 44, ch. 2005-251. 286.0115 Access to local public officials; quasi-judicial proceedings on local government land use matters.-- (1)(a) A county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communications with local public officials by establishing a process to disclose ex parte communications with such officials pursuant to this subsection or by adopting an alternative process for such disclosure. However, this subsection does not require a county or municipality to adopt any ordinance or resolution establishing a disclosure process. (b) As used in this subsection, the term "local public official" means any elected or appointed public official holding a county or municipal office who recommends or takes quasi-judicial action as. a member of a board or commission. The term does not include a member of the board or commission of any state agency or authority. (c) Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or commission on which the local public official is a member. If adopted by county or municipal ordinance or resolution, http://www-leg.state. fl.us/Statutes/index. cfm?App_mode=Display_Statute&URL=ChO286/... 3/29/2006 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 11 adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. 1. The substance of any ex parte communication with a local public official which relates to quasi-judicial action pending before the official 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. 2. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before Tinat action on the matter. 3. Local public officials 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 investigation, site visit, or expert opinion is made a part of the record before final action on the matter. 4. Disclosure made pursuant to subparagraphs 1., 2., and 3. 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. This subsection does not subject local public officials to part III of chapter 112 for not complying with this paragraph. (2)(a) Notwithstanding the provisions of subsection (1), a county or municipality may adopt an ordinance or resolution establishing the procedures and provisions of this subsection for quasi-judicial proceedings on local government land use matters. The ordinance or resolution shall provide procedures and provisions identical to this subsection. However, this subsection does not require a county or municipality to adopt such an ordinance or resolution. (b) In a quasi-judicial proceeding on local government land use matters, a person who appears before the decisionmaking body who is not a party or party -intervenor shall be allowed to testify before the decisionmaking body, subject to control by the decisionmaking body, and may be requested to respond to questions from the decisionmaking body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The decisionmaking body... _ shalt assign weight and credibility to such testimony as it deems appropriate. A party or party -intervenor in a quasi-judicial proceeding on local government land use matters, upon request by another party or party -intervenor, shall be sworn as a witness, shall be subject to cross-examination by other parties or party -intervenors, and shall be required to be qualified as an expert witness, as appropriate. (c) In a quasi-judicial proceeding on local government land use matters, a person may not be precluded from communicating directly with a member of the decisionmaking body by application of ex parte communication prohibitions. Disclosure of such communications by a member of the decisionmaking body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the http://www.leg. state.fl.us/Statutes/index.ofm?App_rnode=Display_Statute&URL=Ch0286/... 3/29/2006 •Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 11 decisionmaking body. All decisions of the decisionmaking body in a quasi-judicial proceeding on local government land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. (3) This section does not restrict the authority of any board or commission to establish rules or procedures governing public hearings or contacts with local public officials. History.--s. 1, ch. 95-352; s. 31, ch. 96-324. 286.012 Voting requirement at meetings of governmental bodies. --No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said member shall comply with the disclosure requirements of s. 112.3143. History.--s. 1, ch. 72-311; s. 9, ch. 75-208; s. 2, ch. 84-357; s. 13, ch. 94-277. 286.021 Department of State to hold title to patents, trademarks, copyrights, etc. --The legal title and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, now owned or held, or as may hereafter be acquired, owned and held by the state, or any of its boards, commissions or agencies, is hereby granted to and vested in the Department of State for the use and benefit of the state; and no person, firm or corporation shall be entitled to use the same without the written consent of said Department of State. History.--s. 1, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 15, ch. 79-65. Note. --Former s. 272.01. 286.031 Authority of Department of State in connection with patents, trademarks, copyrights, etc. -- The Department of State is authorized to do and perform any and all things necessary to secure letters patent, copyright and trademark on any invention or otherwise, and to enforce the rights of the state therein; to license, lease, assign, or otherwise give written consent to any person, firm or corporation for the manufacture or use thereof; on a royalty basis; or for such other consideration as said department shall deem proper; to take any and all action necessary, including legal actions, to protect the same against improper or unlawful use or infringement, and to enforce the collection of any sums due the state and said department for the manufacture or use thereof by any other party; to sell any of the same and to execute any and all instruments on behalf of the state necessary to consummate any such sale; and to do any and all other acts necessary and proper for the execution of powers and duties herein conferred upon said department for the benefit of the state. History.--s. 2, ch. 21959, 1943; ss. 22, 35, ch. 69-106; s. 2, ch. 70-440; s. 16, ch. 79-65. http://wtivw.leg. state. fl. us/S tatutes/index. cfm?App__rnode=Display_Statute& URL=Ch0286/... 3/29/2006 Statutes & Constitution :View Statutes : Online Sunshine Page 8 of 11 Note. --Former s. 272.02. 286.035 Constitution Revision Commission; powers of chair; assistance by state and local agencies.-- (1) The chair of the Constitution Revision Commission, appointed pursuant to s. 2, Art. XI of the State Constitution, is authorized to employ personnel and to incur expenses related to the official operation of the commission or its committees, to sign vouchers, and to otherwise expend funds appropriated to the commission for carrying out its official duties. (2) All state and local agencies are hereby authorized and directed to assist, in any manner necessary, the Constitution Revision Commission established pursuant to s. 2, Art. XI of the State Constitution upon its request or the request of its chair. History.--s. 1, ch. 77-201; s. 211, ch. 95-148. 286.036 Taxation and Budget Reform Commission; powers.-- (1) The Taxation and Budget Reform Commission appointed pursuant to s. 6, Art. XI of the State Constitution, is authorized to employ personnel and to incur expenses related to the official operation of the commission or its committees, and to expend funds appropriated to the commission for carrying out its official duties. Commission members and staff are entitled to per diem and reimbursement of travel expenses incurred in carrying out their duties, as provided in s. 112.061. (2) All state and regional agencies and governments are authorized and directed to assist, in any manner necessary, the Taxation and Budget Reform Commission upon its request. (3) All local governments are authorized to assist the Taxation and Budget Reform Commission in any manner necessary. Municipal and county governments are encouraged to cooperate with the commission, examine their taxation and budgetary policies, and submit recommendations to the commission in the form and manner prescribed by the commission. (4) Each Taxation and Budget Reform Commission established pursuant to s. 6, Art. XI of the State Constitution and this section may not act or operate later than June 30 of the third year following the year in which the commission is required to be established. (5) The Taxation and Budget Reform Commission is assigned, for administrative purposes, to the 'Board of Regents. The 'Board of Regents is directed to expedite, where possible, the business of the commission consistent with prudent financial and management practices. (6) The Legislative. Auditing Committee may at any time, without regard to whether the Legislature is then in session or out of session, take under consideration any matter within the scope of the duties of the Taxation and Budget Reform Commission, and in connection therewith may exercise the powers of subpoena by law vested in a standing committee of the Legislature. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=Ch0286/... 3/29/2006 Statutes & Constitution :View Statutes : Online Sunshine Page 9 of 11 History.--s. 12, ch. 90-203. 'Note. --Abolished by s. 3, ch. 2001-170. 286.041 Prohibited requirements of bidders on contracts for public works relative to income tax returns.-- (1) The state or any of its departments, agencies, bureaus, commissions, and officers and the counties, consolidated governments, municipalities, school districts, special districts, and other public bodies of this state, and the departments, agencies, bureaus, commissions, and officers thereof, shall not require, directly or indirectly, an audit or inspection of any federal or state income tax returns of any company, corporation, or person as a prior condition before entering into contracts with said company, corporation, or person to construct any public work or to supply any materials, labor, equipment or services, or any combination thereof. (2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, except that the fine shall not be less than $100. History.--s. 1, ch. 72.130. 286.043 Limitation on use of funds for discriminatory contract or bid specifications relating to car rental concessions at airports. --No public funds shall be used by a unit of local government for the purpose of promulgating contract or bid specifications relating to car rental concessions at airports which would preclude a corporation authorized to do business in this state from submitting bids or entering into such contracts with such unit of local government. Nothing in this section shall prevent the local government from providing in such specifications a minimum annual guarantee of revenue to be paid to such unit of local government. History.--s. 4, ch. 79-119. 286.23 Real property conveyed to public agency; disclosure of beneficial interests; notice; exemptions.-- (1) Any person or entity holding real property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall, before entering into any contract whereby such real property held in representative capacity is sold, leased, taken by eminent domain, or otherwise conveyed to the state or any local governmental unit, or an agency of either, make a public disclosure in writing, under oath and subject to the penalties prescribed for perjury, which shall state his or her name and address and the name and address of every person having a beneficial interest in the real property, however small or minimal. This written disclosure shall be made to the chief officer, or to his or her officially designated representative, of the state, local governmental unit, or agency of either, with which the transaction is made at least 10 days prior to the time of closing or, in the case of an eminent domain taking, within 48 hours after the time when the required sum is deposited in the registry of the court. Notice of the deposit http://www.leg.state.fl.us/Statutes/index.cf n?App_mode=Display_Statute&URL=Ch0286/... 3/29/2006 Statutes &Constitution :View Statutes : Online Sunshine Page 10 of 11 shall be made to the person or entity by registered or certified mail before the 48-hour period begins. (2) The slate or local governmental unit, or an agency of either, shall send written notice.by registered mail to the person required to make disclosures under this section, prior to the time when such disclosures are required to be made, which written request shall also inform the person required to make such disciosurethat such disclosure must be made under oath, subject to the penalties prescribed for perjury. (3)(a) The beneficial interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to chapter 517, whose interest is for sale to the general public, is hereby exempt from the provisions of this section. When disclosure of persons having beneficial interests in nonpublic entities is required, the entity or person shall not be required by the provisions of this section to disclose persons or entities holding less than 5 percent of the beneficial interest in the disclosing entity. (b) In the case of an eminent domain taking, any entity or person other than a public officer or public employee,. holding real property in the form of a trust which was created more than 3 years prior to the deposit ofthe required sum in the registry of the court, is hereby exempt from the provisions of this section. However, in order to qualify for the exemption set forth in this section, the trustee of such trust shall be required to certify within 48 hours after such deposit, under penalty of perjury, that no public officer or public employee has any beneficial interest whatsoever in such trust. Disclosure of any changes in the trust instrument or of persons having beneficial interest in the trust shall be made if such changes occurred during the 3 years prior to the deposit of said sum in the registry of the court. (4) This section shall be liberally construed to accomplish the purpose of requiring the identification of the actual parties benefiting from any transaction with a governmental unit or agency involving the procurement of the ownership or use of property by such governmental unit or agency. History.--ss. 1, 2, 3, 4, 5, ch. 74-174; s. 1, ch. 77-174; s. 72, ch. 86-186; s. 7, ch. 91-56; s. 212, ch. 95- 148. 286.25 Publication or statement of state sponsorship.. -Any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by name of Qraanization) and the State of Florida." If the sponsorship reference is in written material, the words "State of Florida' shall appear in the same size letters or type as the name of the organization. History.--s. 1, ch. 77-224. 286.26 Accessibility of public meetings to the physically handicapped.-- (1) Whenever any board or commission of any state agency or authority, or of any agency or authority of any county, municipal corporation, or other political subdivision, which has scheduled a meeting at which official acts are to be taken receives, at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority, such chairperson or director shall provide a manner by which http://www.leg.state.fl.us/Statutes/index.cfin?App_mode= Display_Statute&URL--Ch0286/... 3/29/2006 y Statutes & Constitution :View Statutes :Online Sunshine Page 11 of 11 such person may attend the meeting at its scheduled site or reschedule the meeting to a site which would be accessible to such person. (2) If an affected handicapped person objects in the written request, nothing contained in the provisions of this section shall be construed or interpreted to permit the use of human physical assistance to the physically handicapped in lieu of the construction or use of ramps or other mechanical devices in order to comply with the provisions of this section. History.--s. 1, ch. 77-277; s. 1, ch. 79-170; s. 116, ch. 79-400; s. 1, ch. 81.268. 286.27 Use of state funds for greeting cards prohibited. --No state funds shall be expended for the purchase, preparation, printing, or mailing of any card the sole purpose of which is to convey holiday greetings. History.--s. 1, ch. 92-21. Copyright 0 1995-2005 The Florida Legislature • Privacy Statement • CDntaet Us http://www.leg.state. fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0286/... 3/29/2006 " Statutes & Constitution :View Statutes :->2005->Ch0119-Section 07 : Online Sunshine Page 1 of 4 Select Year: 005 Go The .2005 Florida Statutes Title X CapteL1.19_ Yew Entire Chang PUBLIC OFFICERS, EMPLOYEES, AND RECORDS PUBLIC RECORDS 119.07 Inspection and copying of records; photographing public records; fees; exemptions.-- (1ya) Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. (br A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying. (c) If 'the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. (d) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. (e) ire any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 11.9,071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), .an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access. (f) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of ,the record except by order of a court of competent jurisdiction after notice to all affected parties. htty://www.leg.state.fl.us/Statutes/index,cfin?Ann mode—Disnlav Statute&Search SHng... 3/7.9/,?no6 Statutes & Constitution :View Statutes :-?2005->ChOI 19-Section 07 : Online Sunshine Page 2 of 4 (g) The absence of a civil action instituted for the purpose stated in paragraph (e) does not relieve the custodiann of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record. (2)(a) As an additional means of inspecting or copying public records, a custodian of public records may provide access to public records by remote electronic means, provided exempt or confidential information is not disclosed. (b) The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the Skate Constitution. (c) Unless otherwise required by law, the custodian of public records may charge a fee for remote electronic access, granted under a contractual arrangement with a user, which fee may include the direct and indirect costs of providing such access. Fees for remote electronic access provided to the general public shall be in accordance with the provisions of this section. (3)(a) Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. (b) This subsection applies to the making of photographs in the conventional sense by use of a camera device to capture images of public records but excludes the duplication of microfilm in the possession of the clerk of the circuit court where a copy of the microfilm may be made available by the clerk. (c) Photographing public records shall be done under the supervision of the custodian of public records, who may adopt and enforce reasonable rules governing the photographing of such records. (d) Photographing of public records shall be done in the room where the public records are kept. If, in the judgment of the custodian of public records, this is impossible or impracticable, photographing shall be done in another room or place, as nearly adjacent as possible to the room where the public records are kept, to be determined by the custodian of public records. Where provision of another room or place for photographing is required, the expense of providing the same shall be paid by the person desiring to photograph the public record pursuant to paragraph (4)(e). (4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a)l. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; 2. No more than an additional 5 cents for each two-sided copy; and http://www.leg_state.fl.us/Statutes/index.cfrn?App mode=Disnlav Statute&Search Strine.._ 30-9/90n6 • Statutes & Constitution :View Statutes :->2005->ChOI 19- Section 07 : Online Sunshine Page 3 of 4 3. For all other copies, the actual cost of duplication of the public record. (b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c) An agency may charge up to $1 per copy for a certified copy of a public record. (d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or -both. (e)1. Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records, 2. The custodian of public records may charge the person mak;ng the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records. (5) When ballots are produced under this section for inspection or examination, no persons other than the supervisor of elections or the supervisor's employees shall touch the ballots. If the ballots are being examined before the end of the contest period in s. 102.168, the supervisor of elections shall make a reasonable effort to notify all candidates by telephone or otherwise of the time and place of the inspection or examination. All such candidates, or their representatives, shall be allowed to be present during the inspection or examination. (b) Nothing in this chapter shall be construed to exempt from subsection (1) a public record that was made a part of a court file and that is not specifically closed by order of court, except as provided in s. 119-21(1)(d) and (f), (2)(d),(e), and (f), and (4)(c) and except information or records that may reveal the identity of a person who is a victim of a sexual offense as provided in s. 119.071(2)(h). (7) An exemption contained in this chapter or in any other general or special law shall not limit the access of the Auditor General, the Office of Program Policy Analysis and Government Accountability, or any state, county, municipal, university, board of community college, school district, or special district internal auditor to public records when such person states in writing that such records are needed for a properly authorized audit, examination, or investigation. Such person shalt maintain the exempt or confidential status of that public record and shall be subject to the same penalties as the custodian of that record for public disclosure of such record. http://vvww.leg_state.fl.us/Statutes/index_cfin?App mode =Displav Statute&Search Strinv___ 1199I 06 Statutes & Constitution :View Statutes :->2005->Ch0119-Section 07 : Online Sunshine Page 4 of 4 (8) An exemption from this section does not imply an exemption from s. 286.01 - The exemption from s. 286.011 must be expressly provided. (9) The provisions of this section are not intended to expand or limit the provisions of Rule 3.220, Florida Rules of Criminal Procedure, regarding the right and extent of discovery by the state or by a defendant in a criminal prosecution or in collateral postconviction proceedings. This section may not be used by any inmate as the basis for failing to timely litigate any postconviction action. History.--s. 7, ch. 67-125; s. 4, ch. 75-225; s. 2, ch. 77-60; s. 2, ch. 77-75; s. 2, ch. 77-94; s. 2, ch. 77- 156; s. 2, ch. 78-81; ss. 2, 4, 6, ch. 79-187; s. 2, ch. 80-273; s. 1, ch. 81.245; s. 1, ch. 82-95; s. 36, ch. 82-243; s. 6, ch. 83-215; s. 2, ch. 83-269; s. 1, ch. 83-286; s. 5, ch. 84-298; s. 1, ch. 85-18; s. 1, ch. 85- 4.5; s. 1, ch. 85-73; s. 1; ch. 85-86; s. 7, ch. 85-152; s. 1, ch. 85-177; s. 4, ch. 85-301; s. 2, ch. 86-11; s. 1, ch. 86-21; s. 1, ch. 86-109; s. 2, ch. 87-399; s. 2, ch. 88-188; s. 1, ch. 88-384; s. 1, ch. 89-29; S. 7, ch. 89-55; s. 1, ch. 89-80; s. 1, ch. 89.275; s. 2, ch. 89-283; s. 2, ch. 89-350; s. 1, ch. 89-531; s. 1, ch. 90-43; s. 63, ch. 90-136; s. 2, ch. 90-196; s. 4, ch. 90-211; s. 24, ch. 90-306; ss. 22, 26, ch. 90-344; s. 116, ch. 90-360; s. 78, ch. 91-45; s. 11, ch. 91.57; s. 1, ch. 91-71; s. 1, ch. 91-96; s. 1, ch. 91-130; s. 1, ch. 91-149; s. 1, ch. 91-219; s. 1, ch. 91-288; ss. 43, 45, ch. 92-58; S. 90, ch. 92-152; s. 59, ch. 92-289; s. 217, ch. 92-303; s. 1, ch. 93-87; s. 2, ch. 93-232; s. 3, ch. 93-404; s. 4, ch. 93-405; s. 4, ch. 94-73; s. 1, ch. 94-128; s. 3, ch. 94-130; s. 67, ch. 94-164; S. 1, ch. 94-176; s. 1419, ch. 95-147; ss. 1, 3, ch. 95- 170; s. 4, ch. 95-207; s. 1, ch. 95-320; ss. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, ch. 95-398; s. 1, ch. 95-399; s. 121, ch. 95-418; s. 3, ch. 96-178; s. 1, ch. 96.230; s. 5, ch. 96-268; s. 4, ch. 96-290; s. 41, ch. 96-406; s. 18, ch. 96-410; s. 1, ch. 97-185; s. 1, ch. 98-9; s. 7, ch. 98-137; s. 1, ch. 98-255; s. 1, ch. 98-259; s. 128, ch. 98.403; s. 2, ch. 99-201; s. 27, ch.. 2000-164; s. 54, ch. 2000-349; s. 1, ch. 2001-87; s. 1, ch. 2001-108; s. 1, ch. 2001-249; s. 29, ch. 2001-261; s. 33, ch. 2001-266; s. 1, ch. 2001-364; s. 1, ch. 2002-67; ss. 1, 3, ch. 2002-257; s. 2, ch. 2002-391; s. 11, ch. 2003-1; s. 1, ch. 2003-100; ss. 1, 2, ch. 2003-110; s. 1, ch. 2003-137; ss. 1, 2, ch. 2003-157; ss. 1, 2, ch. 2004-9; ss. 1, 2, ch. 2004-32; ss. 1, 2, ch. 2004-62; ss. 1, 3, ch. 2004-95; s. 7, ch. 2004-335; ss. 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, ch. 2005-251; s. 74, ch. 2005-277. 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( � cp CD CL CA z ro CD w �. ro CD c CD uj ro o c� M ARTICLE 8 WAGES 8.1 Firefighter, Driver Engineer, Lieutenant Employees are required to meet all of the job qualifications of the particular pay grade prior to being advanced to the next pay grade. Required experience will be calculated from the effective date of advancement from the prior pay grade. A pay grade increase shall become effective upon the date that all requirements have been met. Employees currently in pay grades who do not meet all job qualifications may remain in that pay grade, however, they shall not be eligible for advancement to the next pay grade unless they meet all qualifications of the current pay grade and the next pay grade PAY GRADE (base rate) 10/01/03 10/01/04 10/01/05 Probationary Firefighter $13.98 $14.54 $15.12 Firefigbter 7 $14,89 $15.49 $16.11 Firefighter 6 $15.86 $16.49 $17.15 Firefighter 5 $16.89 $17.56 $18.27 Firefighter 4 $17.99 $18.71 $19.45 Firefighter 3 $19.15 $19.92 $20.72 Firefighter 2 $19.63 $20.42 $21.24 Firefighter 1 $20.12 $20.93 $21.77 Driver/Engineer 6 $18.87 $19.63 $20.41 Driver/Engineer 5 $19.44 $20.22 $21.02 Driver/Engineer 4 $20.02 $20.82 $21.65 Driver/Engineer 3 $20.62 $21.45 $22.30 Driver/Engineer 2 $21.24 $22.09 $22.97 Driver/Engineer 1 $21.88 $22.75 $23.66 Lieutenant 6 $20.68 $21.50 $22.36 Lieutenant 5 $21.30 $22.15 $23.03 Lieutenant 4 $21.94 $22.81 $23.73 Lieutenant 3 $22.59 $23.50 $24.44 Lieutenant 2 $23.27 $24.20 $25.17 Lieutenant 1 $23.97 $2493 $25.93 Qualifications As determined by Fire Chief Successfully completed Probation as determined by Fire Chief, including Paramedic Precepting Program. Demonstrated Proficiency in Fire Operations by passing Minimum Company Standards Evaluations. Complete requirements as outlined in 8.2 Complete requirements as outlined in 8.2 Complete requirements as outlined in 8.2 Complete requirements as outlined in 8.2 Complete requirements as outlined in 8.2 Complete requirements as outlined in 8.2 Successfully complete the competitive promotional process for Driver/Engineer as outlined in Article 32 and be selected by the Fire Chief. *** Complete requirements as outlined in 8.3 Complete requirements as outlined in 8.3 Complete requirements as outlined in 8.3 Complete requirements as outlined in 8.3 Complete requirements as outlined in 8.3 Successfully complete the competitive promotional process for Lieutenant as outlined in Article 32 and be selected by the Fire Chief * * * * One year as Lieutenant 6 One year as Lieutenant 5 One year as Lieutenant 4 One year as Lieutenant 3 One year as Lieutenant 2 8.2 Eligibility requirements* for Firefighters to move from one pay grade to the next pay grade include: one (1) year in the current pay grade, three additional (3) credits** in a Fire Science or EMS Program in non -elective course requirements at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. OR One (1) year in the current pay grade and one (1) additional course** in the following specific areas (for credit or certificate): Apparatus Operations, Incident Command, or Safety Officer, as approved by the Fire Chief. 8.3 Eligibility requirements* for Driver/Engineer to move from one pay grade to the next pay grade include: One year as Driver/Engineer in the previous pay grade and successful completion of the educational requirements for Firefigbtcr 1 OR rn One year as a Driver/Engineer in the previous pay grade and three (3) additional credits** in a Fire Service or EMS Program in non -elective course requirements at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. OR One year as a Driver/Engineer in the previous pay grade and one (1) additional course** in the following specific areas (for credit or certificate): Incident Command or Safety Officer, as approved by the Fire Chief. * Employees who have obtained a State of Florida Fire Officer 1 Certification, an Associates or Bachelor's Degree in Fire Science or EMS, or an equivalent number of credits necessary to meet the requirements of Firefighter 1 are deemed to have met the requirements for the eligibility requirements as specified in 8.2 and 8.3. Otherwise, educational requirements are considered to be either three (3) credits in a Fire Science or EMS Program in non -elective courses at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief or one (1) additional course per firefighter pay grade and can be acquired at any time prior to the advancement to the next pay grade. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. ** Each step requires the separate completion of three (3) credits or one course that is different and in addition to the credits or courses used to meet the requirements of a previous pay grade. EMT or Paramedic credits shall not be used to satisfy the non -elective course requirements. Employees must obtain a "C" or better for non -elective course credits to be applied. *** Eligibility for promotion to Driver/Engineer requires holding Firefighter 5 position or above and successful completion of Apparatus Operation course approved by the Fire Chief. **** Eligibility for promotion to Lieutenant requires 5 years of service with Tamarac Fire Rescue or 3 years of service with Tamarac Fire Rescue and degree in Fire Science (either Associates or Bachelor). Further, anyone promoted to Lieutenant must within two years of the effective date of the promotion acquire and maintain the following: 1) a State of Florida Paramedic Certificate and 2) either a State of Florida Fire Officer 1 Certification or a degree in Fire Science (either Associate or Bachelor), or he/she will be returned to his/her previously held position. Any person promoted to Lieutenant after September 30, 2006 must possess and maintain the following: 1) A State of Florida Paramedic Certificate and 2) either a State of Florida Fire Officer 1 Certification or a Degree in Fire Science (either Associates or Bachelors). 8.4 The educational requirements in Article 8 are the responsibility of the employee and shall not be compensable time unless, in the sole and exclusive discretion of the Fire Chief, courses are scheduled for on -duty training. 8.5 o The base rate of pay for each year is defined as the rate identified above, Employees who were eligible for and received a 2.5 /o adjustment in the previous contract will continue to receive the 2.5% adjustment to the base rate of pay for the term of this contract. 8.6 The hourly rate of pay is defined as the base rate of pay as defined in Paragraph 8.5 plus any incentives paid on an hourly basis. 8.7 A Firefighter who is promoted to Driver/Engineer or Lieutenant shall be placed at the Driver/Engineer 6 pay grade or the Lieutenant 6 pay grade, respectively, of the classification specified in section 8,1, or at the next higher pay grade which provides an increase of at least five (5) percent to his/her base rate of pay specified in section 8.1, A Driver/ Engineer who is promoted to Lieutenant shall be placed at the Lieutenant 6 pay grade of the classification specified in section 8.1, or at the next higher pay grade which provides an increase of at least five (5) percent to his/her base rate of pay specified in 8.1. co CD 8.8 Fire Inspectors Effective October 1, 2003 the following pay ranges will go into effect. 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Solicitation or Acceptance All offkers and employees sacton 112313(2)..F.s. +.00 unauthorized Compensation w ` `�• All officers and employees Section 112313(4), F.S. Gift Acceptance and Reporting 1 ppy financial disclosure More and state procurement employees cllon 112.314d, F.S. . SOLICITATION OR ACCEPTANCE OF GIFTS Don't ask for or accept anything of value based on an understanding that it will influence you 1 C� COMPENSATION -1WOW <:*� Don't accept anything of value when you know, or should know under the circumstances, that it Is being given to Influence Are you a "RIPE"'? The laws regarding accepting and reporting gifts only apply to Reporting individuals and Procurement Employees (RIPES) A RIPE may not solicit arqy gift of a- ny amount from a lobbyist (or the partner, firm, employer or principal of the lobbyist) r�L 2 0 A RIPE may not accept a gift worth more than $100 from a lobbyist of his or her agency (or the partner, firm, employer or principal of the lobbyist) A RIPE may accept gifts on behalf of a governmental entity or charitable organization from a lobbyist / A RIPE may accept a gift from a relative, and need not report it no matter what the amount 3 0 A RIPE may accept a gift from a non -lobbyist but must report if worth more than $100 � What's a "gift"? semetMM r m �otve and do not eamrida OOM tier OMM a so d indudiw0e ......... ,.._...... �✓ Food or beverage �✓`-Mamberat+rp Veg " .. ✓ Plants, flowers or floral arrangements ✓ Transportation ✓ Lodging ✓ And more. . What's a "lobbyist" ? Anyone who, for compensation, seeks to influence the governmental decisionmaking of a RIPE or his or her agency or encourage the passage, defeat, or modification of any proposal by the RIPE or his or her agency 4 0 Is it worth more than $100? ✓General rule is: cost to the donor ✓ Dodging in a private residence=$29 per night ✓Transportation, lodging and recreation or entertainment must be added together when calculating the value of a trip A sales rep who calls on Marys agency gives her two tickets to a concert that cost $100 each. Can she keep the tickets? 1( a. She can keep one and return the other ,She can keep both if she gives the rep $100 c. She can keep both if she reports them d- Absolutely not A law firm invites its attorneys and their spouses to a weekend retreat. The law firm lobbies the agency of the wife of one of its attorneys. Can she go on the retreat? a. Yes, if she pays her own way b. Yes c. Yes, if she pays all but $100 of her own way d. Absolutely not rJ E File a Quarterly = Gift Disclosure (Form 9) when you receive a gift 1 worth more than $100 The honoraria law prohibits a RIPE from accepting payment from a lobbyist for speaking, but allows one to accept actual and reasonable: ✓ Transportation r r ✓ Lodging ✓ Food and beverage ✓ Registration fees A lobbyist paying honorarium expenses must provide a statement: ✓ Listing who paid for the expenses ✓ Describing the daily expenses ✓ Giving the total value of the expenses ✓ No later than 60 days after the event 1.1 • is Disclosure of honorarium -event expenses ,-, if you have omething to report 7