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Board clarifies disclosure rules for site visits and quasi‑judicial hearings
Summary
Board members discussed scope of disclosures for site visits and ex parte contacts during quasi‑judicial hearings; legal counsel reminded the board that driving by a site or receiving outside communications must be disclosed to avoid a presumption of prejudice under Florida law.
During consideration of the fence variance at 338 Cornell Drive the board discussed how site visits and outside contacts must be disclosed in quasi‑judicial hearings. A staff legal advisor explained that under Florida law additional information obtained outside the hearing process gives rise to a presumption of prejudice unless disclosed on the record.
The attorney advised members that if they drive by a site with the intent to inspect or have substantive contacts with staff, neighbors or applicants prior to a hearing, they must disclose the nature of the communication or what they observed so all members have the same record. Members acknowledged they had driven by the site and recorded that on the record during disclosures.
The board asked staff to be clearer in future packets and to provide larger photos or Google Street View during hearings to reduce the need for site visits outside the hearing record.
