(A) The following is a guideline for conducting quasi-judicial hearings:
(1) All testimony shall be under a sworn oath to tell the truth. The oath shall be contained on a speaker's card. All persons wishing to speak on a quasi-judicial item shall submit a speaker's card containing said oath to the clerk on duty.
(2) The Presider shall call the cases on the agenda but shall not be bound by the order in which the cases appear on the agenda.
(3) The Presider will introduce the case and, if appropriate, defer to the City Manager (or designee) or City Attorney (or board counsel) for either an explanation of the matter or the reading of the ordinance or resolution caption.
(4) The Presider shall have the option of determining the order to expedite the proceedings. However, all parties shall be provided the opportunity to present their case. In the event the quasi-judicial matter constitutes a public hearing, the general order of the presentation of evidence shall be as follows:
(a) The applicant, having the burden of persuasion and the burden of proof, shall proceed to present its case first by providing any factual and expert witness(es) to testify and submitting relevant evidence for the Quasi-Judicial body's consideration (maximum thirty (30) minutes);
(b) City staff and any staff consultants shall then present the opinion of the City or any other relevant information necessary for the Quasi-Judicial body's consideration (maximum thirty (30) minutes).
(c) Any aggrieved or adversely affected person who has complied with the notice requirement set forth in §59.03 shall be permitted to present factual and expert witness testimony and relevant evidence for the Quasi-Judicial body's consideration (maximum thirty (30) minutes);
(d) Cross-examination of witnesses by the applicant, City staff or any aggrieved or adversely affected person shall be permitted during testimony to the extent requested and necessary in furtherance of due process requirements (maximum fifteen (15) minutes per witness);
(e) Any other person who has taken an oath upon statement of his/her name and address for the record shall present any factual or expert testimony relevant to the matter being considered (maximum three (3) minutes per person);
(f) Closing argument/rebuttal shall then be given by the applicant; witnesses may be called during rebuttal (maximum ten (10) minutes);
(g) The Quasi-Judicial Body may modify the time limits specified in this subsection (4) on its own motion or upon request of a party to the proceeding. A request for a modification shall detail the additional time desired and the subjects to be discussed during the additional time. A request for a modification of time should be considered by the Quasi-Judicial Body to assure all parties have an opportunity to participate without undue repetition, delay and in furtherance of due process.
(5) Any natural person or party may represent himself/herself or may be represented by an attorney. The statements or arguments of the attorney are not considered evidence. The attorney need not be sworn.
(a) In the event any party (other than a corporation or the City) chooses to be represented by a non-attorney, such party shall file a written, notarized power of attorney with the clerk at least five (5) calendar days prior to the hearing stating that the person appearing has the full power and authority to act on behalf of the party in the matter.
(b) A corporation may appear through an officer of the corporation provided the officer is listed as a current officer of an active corporation with the Secretary of State and identifies himself/herself in that corporate capacity.
(6) The parties may:
(a) Call and examine witnesses;
(b) Introduce exhibits;
(c) Cross-examine opposing witnesses;
(d) Impeach witnesses; and
(e) Rebut evidence.
(7) The Quasi-Judicial body shall have the authority to ask questions of anyone present at the proceedings prior to closing the public hearing and commencing deliberations. If during the deliberations, a question arises which the Quasi-Judicial Body desires to ask, it shall reopen the public hearing, pose the question and allow the applicant, any aggrieved or adversely affected person, and the City the opportunity to respond to the question posed prior to closing the public hearing again and resuming deliberations.
(8) Neither the Federal Rules of Evidence nor the Florida Evidence Code shall apply, but fundamental due process shall be observed and govern said proceedings at all times. The following evidentiary rules should be considered when the Quasi-Judicial Body receives testimony and evidence at the hearing:
(a) All relevant evidence shall be admitted. The Quasi-Judicial body may exclude irrelevant, immaterial, or unduly repetitious evidence.
(b) Hearsay evidence may be accepted for the purpose of either supplementing or explaining any direct evidence, provided it is not offered to prove the truth of the matter asserted, but such hearsay evidence shall not, in and of itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in any civil litigation proceeding in a state or federal court in Florida.
(c) Lay testimony is permissible and may constitute competent substantial evidence so long as it is fact-based. Mere generalized statements of opposition do not constitute competent substantial evidence.
(d) The opinions and recommendations of professional City staff members including, but not limited to, City growth management staff, the City engineer, law enforcement and fire personnel, and other qualified staff members may constitute competent substantial evidence, provided such opinions and recommendations are related to the city staff person's professional expertise and qualifications. The opinions of other duly qualified professionals and experts of may also be similarly considered competent substantial evidence.
(e) Reports and detailed written evidence shall be submitted to the clerk at least eight (8) business days before a hearing, to the extent feasible, to allow the Quasi-Judicial Body, the parties and interested persons the opportunity to review the documentation prior to the hearing.
(9) If, after notice of hearing, a party does not appear, the hearing may be conducted, and an order entered, in the absence of the party.
(10) The Quasi-Judicial body shall have the authority to issue any and all orders to afford the proper relief, and this authority shall include the authority to grant continuances to a date-certain upon good cause shown.
(11) At the conclusion of the presentation of the evidence and the taking of testimony, the Quasi-Judicial body shall close the public hearing and proceed to deliberate. The Quasi-Judicial body shall endeavor to make a determination based upon the appropriate criteria.
(12) At the conclusion of the hearing, if and only if relief is denied to the applicant, the Quasi-Judicial Body may direct the Quasi-Judicial Body's legal counsel to prepare a proposed order, which will include findings of fact and conclusions of law, for the Quasi-Judicial Body to consider as final action on a quasi-judicial matter. If such direction is given to the Quasi-Judicial Body's legal counsel, the hearing may be continued to another meeting at which the Quasi-Judicial Body will consider adopting the proposed order as presented or modified by the Quasi-Judicial Body. A copy of the final order will be provided to the applicant and other interested parties upon request.
(13) The clerk shall retain all of the evidence and documents submitted into evidence at the hearing. This shall include the official file in the matter, as well as any document presented at the hearing or demonstrative exhibit seen by the Quasi-Judicial body while making its decision. Nothing herein shall be deemed to prohibit any party from providing a court reporter for the proceedings. Any party wishing to appeal the decision of a Quasi-Judicial body shall have the responsibility to ensure compliance with Fla. Stat. 286.0105.
(Ord. 2015-22, passed 5-7-15; Am. Ord. 2021-09, passed 3-18-21)