§ 2-387. Access permitted; procedures.

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. There will be no presumption of prejudice arising from such ex parte communications with local public officials as long as the following procedures are followed:

(1)

The subject of the ex parte communication and the identity of the person, group or entity with whom the communication took place must be disclosed and made part of the record before final action on the matter.

(2)

An ex parte written communication to or from a local public official that relates to quasi-judicial action pending before the board or commission shall either be made a part of the record or the material provisions of the written document shall be read into the record or summarized for the record before final 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 their commission or board. Such activity shall not be presumed prejudicial 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 subsections (1), (2) and (3) of this section 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. The failure to comply with this section does not subject the local public official to F.S. § 112.311 et seq., or any other penalty, violation or adverse consequence.

(Code 1988, § 2-373)