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Planning Board signals support for limited remote participation language, asks Council for legal review
Summary
The Planning Board expressed consensus to forward draft language to City Council that would allow members to appear remotely for quasi‑judicial hearings under strict limits (physical quorum present; cap on remote appearances), while the assistant city attorney cautioned that Florida law and the city charter historically require physical presence for quasi‑judicial proceedings.
Member Hayden (Vice Chair DuBois in discussion) presented draft language to permit participation via communications‑media technology (CMT) for board members in limited circumstances, proposing a cap of two remote quasi‑judicial appearances in a 12‑month period and a requirement that a physical quorum be present. "This is a contemplation of it; it's capped at just 2," Hayden said, arguing the change could broaden applicant pools and help members with jobs or travel obligations participate.
Assistant City Attorney David Toles cautioned that Florida law and the City Charter historically require members to be physically present for quasi‑judicial hearings and said the city must evaluate any legal changes carefully. "Florida legally does not allow this," Toles said, noting emergency COVID measures had temporarily relaxed the rule and that Council should consider charter implications.
The board used a show of hands to indicate it wanted staff to forward Hayden's draft language and asked City Council to review the proposal and provide direction. The recommendation is for Council discussion; Toles urged legal review before any change is implemented.
