6-27-22 Regular Commission Meeting Adopted MinutesMINUTES
' J Regular City Commission Meeting
Monday, June 27, 2022 - 6:30 PM
- gar Commission Chamber
INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER:
Following the Pledge of Allegiance, Mayor Glasser called the meeting to order at 6:30 PM. City Clerk
Bartle called the roll.
ATTENDANCE:
Present: Ellen Glasser, Mayor - Seat 1
Bruce Bole, Commissioner - Seat 2
Michael Waters, Commissioner - Seat 3
Candace Kelly, Commissioner - Seat 4
Absent: Brittany Norris, Mayor Pro Tem / Commissioner - Seat 5
Also Present: Shane Corbin, City Manager (CM)
Brenna Durden, City Attorney (CA)
Donna Bartle, City Clerk (CC)
Kevin Hogencamp, Deputy City Manager (DCM)
Ladayija Nichols, Deputy City Clerk (DCC)
APPROVAL OF MINUTES
IA. Approve minutes of the November 22, 2021 Regular Commission Meeting.
Mayor Glasser asked if there were any corrections or changes needed. There being none,
Mayor Glasser stated the minutes stand as submitted.
2 COURTESY OF FLOOR TO VISITORS
2A. Presentation of $500,000 check for Phase III of Aquatic Gardens.
Senator Aaron Bean and Secretary of State Cord Byrd presented a $500,000 check to the
City.
PUBLIC COMMENT
Mayor Glasser explained the process for public comments and opened the Courtesy of the Floor
to Visitors. City Clerk Bartle called each speaker to the podium.
Leah Sherman Ford spoke about homelessness in the City, complimented the Commission on
their job well done with keeping the City beautiful, and shared suggestions on homelessness and
landscaping.
Regular City Commission
June 27, 2022
3 CITY MANAGER REPORTS
3A. Accept the 90 -Day Calendar (July - Sept. 2022)
Commissioner Kelly announced that she would not be in town for the July 16, 2022,
Town Hall Meeting.
There was CONSENSUS to accept the change to the 90 -Day Calendar.
3B. Paid Parking at 18th and 19th Beach Access
CM Corbin presented the slide show highlighting information regarding the paid parking
program at 18th and 19th beach accesses.
Commissioner Kelly referred to previous language about the use of income from the paid
parking program being used for the upkeep of the Town Center parking and suggested
amending the ordinance to include the upkeep of all paid parking areas not just Town
Center. CM Corbin stated that this could be looked at with CA Durden's
recommendations.
Commissioner Waters spoke about pedestrian safety, walkways, and lighting. He also
suggested using the additional funds to subsidize the payment for additional parking
attendants and signage.
Mayor Glasser spoke about the importance of having the parking regulations be the same
at the beach access and the Town Center.
3C. Selva Preserve Path
CM Corbin presented the slide show regarding the new nature trail Selva Preserve Path.
He spoke about the history, location and additional details of the path.
Mayor Glasser asked about adding a QR code to the signage. CM Corbin said a QR code
could be added in the future.
31). Benefit Enhancement Recommendations 2022
CM Corbin spoke about the recent salary increase for staff. He reported HR reached out
to current employees regarding their opinions of additional benefits they would like.
Human Resources Director (HRD) Cathy Varian spoke about the process of the survey
and presented potential benefits suggested by employees as detailed in the agenda packet.
CM Corbin and HRD Varian answered questions from the Commission.
At the request of the Commission, HRD Varian stated that she would bring back
comparisons from other cities.
Regular City Commission
June 27, 2022
Commissioner Bole asked that the City look into studies that have been done relating to
personal leave. Discussion ensued about the advantages and disadvantages of employees
taking leave and how there needs to be a balance.
The Commission requested that paid parental leave be placed on an upcoming agenda
for formal consideration.
3E. Fire on Beach Avenue
CM Corbin mentioned this is being looked into closely and discussions are ongoing
about the building being rebuilt. No formal proposals have been submitted.
Mayor Glasser asked about the current zoning for the area. CM Corbin responded
residential multi -family.
There was discussion about an email received from The Cloister about the South gate
being closed and Mayor Glasser's response.
3F. Homeless Concerns
CM Corbin explained efforts being made to address homeless issues, noting that CA
Durden reviewed the existing code and has some serious concerns about existing
language and it being outdated. Further preparations are needed before bringing it back
to the Commission.
CA Durden advised that there are a lot of case law changes at the federal level and
explained the importance of working with staff and others to address the concerns.
4 REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS
4A. In -House Attorney (Commissioner Bole)
Commissioner Bole spoke about the benefits of having a full-time in-house City
Attorney. He encouraged the Commissioners, Mayor, and the public to review the cost
and legal benefits for the City.
CM Corbin advised he would conduct a cost analysis and present specific numbers to
the Commission. Discussion ensued about the timing. Commissioner Bole reiterated
that he would like this brought forth in time for budget workshops.
Miscellaneous Reports/Requests
Commissioner Kelly
• spoke about current codes regarding dogs and proposed amending the ordinance
to add restrictions for dogs being chained. Commissioner Waters expressed his
support. Mayor Glasser asked that it be put on the next agenda as a discussion
item.
• spoke about the numerous emails received about gas stations.
• suggested adding more charging stations for electric cars in the community.
Regular City Commission
June 27, 2022
Mayor Glasser
• advised she would share her email responses to the Commission regarding the
gas station concerns and the South gate at The Cloister.
• spoke about the private event held on Friday and the presentation of a Key to the
City to Greg Franek for his life-saving efforts to wake people up and get them to
safety.
• reported on a letter sent to the Jacksonville Fire and Rescue for their
extraordinary response.
• congratulated the 12 and under baseball team on winning the state championship
for small parks and will be asking for a proclamation to present to the team.
• reported on the status of various legislation recently addressed in the State of
Florida.
• requested having the topic of prohibiting smoking in public parks and beaches
on the next town hall meeting agenda for discussion and public input.
• reported having spoken to a resident of 1st Street about parking concerns and
advised about her plan to meet with the group of residents to talk about options.
5 UNFINISHED BUSINESS FROM PREVIOUS MEETINGS
None.
6 CONSENT AGENDA
6A. Acknowledge receipt of the Monthly Financial Report for May 2022.
CM Corbin asked to carry the item over to the next, Commission Meeting. There was
no objection by the Commission.
7 COMMITTEE REPORTS
None.
8 ACTION ON RESOLUTIONS
8A. RESOLUTION NO. 22-42
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,
APPROVING THE CITY'S CULTURAL ARTS AND RECREATION
ADVISORY COMMITTEE'S GRANT APPLICATIONS; ESTABLISHING
THAT INDIVIDUALS AND FOR-PROFIT ENTITIES ARE ELIGIBLE TO
APPLY FOR AND RECEIVE GRANT FUNDING FROM THE CULTURAL
ARTS & RECREATION ADVISORY COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Glasser read the Resolution by title.
DCM Hogencamp explained the Resolution and the new procedure for processing the
CARAC grant applications.
ACTION: Adopt Resolution No. 22-42.
Regular City Commission
June 27, 2022
Motion: Candace Kelly
Second. Bruce Bole
Mayor Glasser asked for clarification regarding an artist project and a program and expressed
her concerns about art placement and venues. DCM Hogencamp explained that information
would be provided in the application process.
Commissioner Kelly spoke about her interpretation of different types of artists and programs.
Commissioner Waters mentioned he would like clarification regarding the criteria for "for-
profit."
Commissioner Bole explained how he understands the expenditures of the Resolution and
specific questions in the application.
Mayor Glasser mentioned it is essential that CARAC looks at the City's livability goals to align
with those goals when decisions are made. She also mentioned the Commission should come
back in a year to update those goals appropriately.
CARAC Member Jane Stevens clarified the distinction between for-profit and non-profit
organizations.
Ellen Glasser
For
Bruce Bole (Seconded By)
For
Michael Waters
For
Candace Kelly (Moved By)
For
Motion passed 4 to 0.
9 ACTION ON ORDINANCES
None.
10 MISCELLANEOUS BUSINESS
10A. PLAT22-0001 Public Hearing Request for plat approval as required by Chapter
24, Article 4 of the Code of Ordinances within the Residential General, Multi -
Family (RG -M) at RE# 172168-0000 (1964 Francis Avenue) and 172171-0000 (1980
Francis Avenue).
Mayor Glasser read the title.
CM Corbin explained the item. CA Durden clarified that there are two PLATs the
Commission would approve, as detailed in the attached documents and made part of this
Official Record as Attachments A and B.
Mr. Franklin thanked the staff for working with him.
Regular City Commission
June 27, 2022
Mayor Glasser opened the public hearing. There were no speakers, and the public
hearing was closed.
Attachment A to 6-27-22 Minutes
Attachment B to 6-27-22 Minutes
MOTION. Approve PLAT22-0001, Lambo's Place Unit 1 request for plat approval as
required by Chapter 24, Article 4 of the Code of Ordinances within the Residential General,
Multi -Family (RG -M) at RE# 172168-0000 (1964 Francis Avenue).
Motion: Bruce Bole
Second. Candace Kelly
Ellen Glasser For
Bruce Bole (Moved By) For
Michael Waters For
Candace Kelly (Seconded By) For
Motion passed 4 to 0.
MOTION: Approve plat request for Lambo's Place Unit 2 as required by Chapter 24, Article
4 of the Code of Ordinances within the Residential General, Multi -Family (RG -M) at RE#
172168-0000 (1980 Francis Avenue)
Motion: Michael Waters
Second. Candace Kelly
Ellen Glasser
For
Bruce Bole
For
Michael Waters (Moved By)
For
Candace Kelly (Seconded By)
For
Motion passed 4 to 0.
11 CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS
CA Durden reminded the Commission of their ethics training and financial disclosure forms,
due no later than July 1, 2022. CC Bartle advised that they are to be submitted to the Supervisor
of Elections.
CA Durden handed out a copy of HB 921 (attached hereto and made part of this Official Record
as Attachment C) and provided an overview. She thanked the Governor for vetoing a Bill
regarding business damages. Lastly, she spoke about receiving a proposed settlement offer
relating to the City's tree litigation (Bourdon vs. COAB) and advised that the litigation would
be discussed in a future shade meeting. She also advised about the process.
Regular City Commission
June 27, 2022
CC Bartle congratulated Mayor Glasser for receiving another Home Rule Hero award and noted
it was an honor to have accepted it for her. CA Durden added that it was Mayor Glasser's fourth
time receiving that award. Mayor Glasser added comments about it being a good year.
Attachment C to 6-27-22 Minutes
12 CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER
Commissioner Bole requested having a briefing on COAB hurricane preparedness.
Commissioner Waters reported having spoken with representatives of JEA about underground
fiber optics. He wants to know whether there would be more of a delay in solving problems and
getting power back up and running during a storm if the wiring were underground.
Mayor Glasser spoke in favor of Commissioner Bole's request for a COAB hurricane
preparedness briefing. She suggested upcoming Town Hall topics such as smoking and the use
of racquetball courts.
13 ADJOURNMENT
There being no further discussion, Mayor Glasser declared the meeting adjourned at 8:13 p.m.
Attest:
Donna L. Bartle, City Clerk
Date Approved: 113 /Z
Bruce Bol ommiss
Regular City Commission
June 27, 2022
Attachment A to
6-27-22 Minutes
Request for a final plat approval as required by
Chapter 24, Article 4 of the Code of Ordinances
within the Residential General, Multi -Family
(RG -M) at RE # 172168 0000 and 172171 0000
for 1964 Francis Ave and 1980 Francis Ave.
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Attachment A to
6-27-22 Minutes
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Attachment A to
Site Conte'RMIand Details
1 1964 Francis- Located on
the northwest corner of
Francis Avenue and
Simmons Road.
1980 Francis- Located on
the south west corner of
Francis Avenue and Dutton
Island Rd. E.
Properties are zoned
Residential, General, Multi -
Family (RG -M).
Attachment A to
11-27-22 Minutes
REQUEST
Re-platted/subdivide
into
ten (10)
total lots (5 lots at 1980
Francis Avenue and
5
lots
at 1964
Francis Ave.)
Replat of 1980 Francis = 4 lots for the development of 4
townhomes and one (1) lot sold to the city for drainage
and access.
1968 Francis will subdivide four (4) lots for the
development of four (4) townhomes and one (1) lot sold
to the city for drainage and access.
The replats are in conjunction with an associated
purchase sale agreement with the City.
5.27-22 Minutes
1980 Francis Ave.
• Creates at total of 5 new lots (1 COAB and 4 townhomes)
• 4 new townhome lots total 10,450sf = 4 units
• Each new lot exceeds min. 2,175 sq lot requirement for townhome
Dutton island Road East
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tr LIM
6.27.22 Minutes
1964 Francis Ave.
• Creates at total of 5 new lots (1 COAB and 4 townhomes)
• 4 new townhome lots total 16,25sf = 4 units
• Each new lot exceeds min. 2,175 sq lot requirement for townhome
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Attachment A to
6-27.22 Minutes
History 4".0mmlISSION APPRO
The replat is in conjunction with an associated
purchase sale agreement with the City for westerly
portion of the properties for community drainage.
Commission approved waivers WAIV22-0002 &
WAIV22-0003 subject to the conveyance of western
portion of the property as associated with
Resolution 22-35 and the approval of the replat for
both 1964 and 1980 Francis Avenue.
Attachment A to
6.27.22 Minutes
Recommendation by CDB
The Community Development Board recommended approval to
Commission of the replat as required by Chapter 24, Article 4 of the
Code or Ordinances within the Residential Multi -Family (RG -M)
Zoning District at RE# 172168 0000 and RE# 1721710000
concluding that:
1. Approval of this plat is consistent with the intent of the
Comprehensive Plan (Residential High)
2. Approval of this plat is in compliance with the requirements of
Chapter 24, Article 4 of the Code or Ordinances (min. lot sizes, min.
density)
Attachment A to
6.27.22 Minutes
Required Action by Commission
Review and vote on PLAT22-0001
Note: Minor change in final plat (different from agenda packet --
changes were to title of plats (removed "replat" from titles) and
added signature blocks for mayor and city clerk. No boundaries or
lot descriptions or content of Notes have changed.
Attachment B
6.27-22 Minutes
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Attachment B
6-27.22 Minutes
I.24ffBO'AS' PL,4CE UNIT ,2
SECTION 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST
A REPLAT OF LOTS 9 THROUGH 11, BLOCK 9, DONNER'S REPLAT AS RECORDED
IN PLAT BOOK 19, PAGE 16 OF THE CURRENT PUBLIC RECORDS OF THE CITY
OF JACKSONVILLE, DUVAL COUNTY, FLORIDA
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Attachment C
to 6-27-22 Minutes
FLC
FLORIDA LEAGUE OF CITIES
Memorandum
TO: City Attomeys
FROM: Kraig Conn, General Counsel
Rebecca O'Hara, Deputy General Counsel
SUBJ: HB 921 Issue Campaign Advocacy by Local Governments
DATE: June 21, 2022
HB 921 was signed by the Governor and becomes effective _Ju1V1.. 2022.. The bill makes
substantial changes to section 108.113, Florida Statutes, relating to expenditures by local
governments on issue campaigns (e,g., proposed constitutional amendments, local
referenda). Here is a copy of the new law.
You will likely receive many questions from your municipal clients about compliance with the
new law. Here is a legal memorandum prepared by Mark Herron, Esq„ that may assist you in
answering some of the questions that may arise. Further clarification may be needed through
the Issuances of advisory opinions by the Division of Elections. Information on the advisory
opinion process may be accessed here.
Attachment C
to 6-27-22 Minutes
CHAPTER 2022-56
Committee Substitute for
Committee Substitute for House Bill No. 921
An act relating to campaign financing; amending s. 106.08, F.S.; providing
applicability of a limitation on certain political contributions; providing a
definition; providing that a foreign national may not make or offer to make
certain contributions or expenditures; amending s. 106.113, F.S.; revising
limitations on the use or acceptance of public funds for certain political
advertisements or communications by a local government or a person
acting on behalf of a local government; revising applicability; providing for
construction; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (a) of subsection (1) of section 106.08, Florida
Statutes, is amended, and subsection (12) is added to that section, to read:
106.08 Contributions; limitations on.—
(1)(a) Except for political parties or affiliated party committees, no
person or political committee may, in any election, make contributions in
excess of the following amounts:
1. To a candidate for statewide office or for retention as a justice of the
Supreme Court} $3,000. Candidates for the offices of Governor and
Lieutenant Governor on the same ticket are considered a single candidate
for the purpose of this subparagraph.
2. er To apolitical committee that is the sponsor of or is in opposition to a
constitutional amendment proposed by initiative, $3,000. This limitation
applies only to persons who are not residents of the state and to political
committees that have not registered an office under this chapter using a
street address located within the state. However, the limitation on
contributions to such political committees no longer applies once the
Secretary of State has issued a certificate of ballot position and a designating
number for the proposed amendment that the political committee is
sponsoring or opposing. Candidates €03the e ffie s of Governor and
Lieutenant ..tenant n n th -same- ticket -are -e. nsid, red ., single ndida
fer the purpese e f this eti
32-. To a candidate for retention as a judge of a district court of appeal; a
candidate for legislative office; a candidate for multicounty office; a
candidate for county%vide office or in any election conducted on less than
a countywide basis; or a candidate for county court judge or circuit judge,
$1,000.
1
CODING: Words strielken are deletions; words underlined are additions.
Attachment C
Ch. 2022-56 LAWS OF FLORIDAto 6-27-22 MiCkoS022-56
(12)(01. For purposes of this subsection, the term "foreign natignal"
means:
a. A tbreign government:
h. A foreign_ political party@
c A foreign corporation, partnership, association, organization, oro her
combination of persons organized under the laws of or having its principal
place of business in a foreign country;
d. A person with foreign citizenship; or
e. A person who is not a citizen or national of the United States and is not
lawfully admitted to the United States for permanent residence
2. The term does not include:
a. A person who is a dual citizen or dual national of the United States
and a foreign country.
b. A domestic subsidiary of a foreign corporation, partnership associa-
tion, organization, or other combination of persons organized under the laws
or having its principal place of business --in a foreign country if-,
(I) The donations and disbursements used toward a contribution or an
expenditure are derived entirely from funds generated by the subsidiary's
operations in the United States; and
(II) All decisions concerning donations and disbursements used toward a
contribution or an expenditure are made by individuals who either hold
United States citizenship or are permanent residents of the United States
For purposes of this sub -sub -subparagraph, decisions concerning donations
and disbursements do not include decisions regarding the subsidiary's
overall budget for contributions or expenditures in connection with an
election,
(b) A foreign national may not make or offer to make, directly or
indirectly, a contribution or expenditure in connection with any election held
in the state.
Section 2. Subsection (2) of section 106.113, Florida Statutes, is amended
to read:
106.113 Expenditures by local governments.—
(2) A local government or a person acting on behalf of local government
may not expend or authorize the expenditure of, and a person or group may
not accept, public funds for a political advertisement or any other
eleetioneer-ing communication sent to electors concerning an issue, refer-
endum, or amendment, including any state question, that is subject to a vote
of the electors. This subsection applies deems&*-e,1t7ap4–m1y to a an eleetieneet ng
2
CODING: Words stFiekee are deletions; words underlined are additions.
Attachment C
Ch. 2022-56 LAWS OF FLORI016-27-22 Minut0h. 2022-56
communication initiated by from a local government or a person acting on
behalf of a local government, irrespective of whether the communication
whi,eh is limited to factual information or advocates for the passage or defeat
of an issue, referendum, or amendment. This subsection does not preclude a
local government or a person acting on behalf of a local government from
reporting on official actions of the local government's governing body in an
accurate, fair, and impartial manner; posting factual information on a
government website or in printed materials; hosting and providing informa-
tion at a public forum; providing factual information in response to an
inquiry.; or providing information as otherwise authorized., or -required by
law.
Section 3. This act shall take effect July 1, 2022.
Approved by the Governor April 6, 2022.
Filed in Office Secretary of State April 6, 2022,
3
CODING: Words strieken are deletions; words underlined are additions.
Attachment C
to 6-27-22 Minutes
DATE: Junco 17, 2022
TO: Florida Leagnie of Cities
Florida Association of Counhcs
Flo6da School Board Association
FROM: Mark I-IerronW
RE: I IB 921 - 2022 Revisions to Section 106.113, Fla. Stat.
This nlemorandunl discusses the 2022 amendments to Section 106.113,
Florida Statutes, contained in HB 921, which are codified in Chapter 2022-56, Laves
of Florida CHB 921 "y.
HB 921 prohibits a local government or a person acting on behalf of local
government froin expending or authorizing the expenditure of, and a person or group
may not accept, public fiends for a political advertisement or any other coinrnunicatlon
sent to electors concerning are issue, referendum, or amendment that is subject to a
vote of the electors. This applies to communication initiated by a local government or
its actors irrespective of whether the communication is limited to factual information
or advocates for the passage or defeat of an issue sul)ject to a vote. HD 921 takes effect
July 1, 2022.
Law Prior to 2022 Amendment
Prior to its amendment in 2022, a local government or person acting on belialf
of local governitient was prohibited from expending or authorizing thr expenditure
of, and a person or group could not accept, public funds for a political advertisement
or electioneering communication concerning an Issue, referendum, or amendment,
Attachment C
to 6-27-22 Minutes
including any state question, that is subject to a vote of die electors. Section 106.113
did not apply to an electioneering communication from a local goveriunent or a
person acting on behalf of a local government which was limited to factual information.
The 2022 Amendment
HB 921 amended Section 106.113(2), in several respects, to read as follows:
(2) A local goveriunent or a person acting on behalf of local government
may not expend or audlorize the expenditure of, and a person or group
may not accept, public funds for a political advertisement or any other
Pio^�^.,00r:,,m communication sent to electors concerning an issue,
referendum, or amendment, including any state question, that is subject
to a vote of die electors. This subsection applies does not apply to a an
eleegenee ^^ conununication initiated by €rem a local government or a
person acting on behalf of a local governinent, irrespective of whether
the communication wki is limited to factual infornhation or advocates
for the passage or defeat of an issue, referendum, or amendment This
subsection does not preclude a local government or a person acting on
behalf of a local government from reporting on official actions of the
local government's governing body in an accurate, fair, and impartial
manner; posting factual information on a government website or in
printed materials; hosting and providing information at a public forum;
providing factual information in response to an inquiry; or providing
information as otherwise authorized or required by law.
(Words strie-ken are deletions; words underlined are additions.)
Subsections (1) and (3) of Section 106.113 were not changed by die 2022 amendment
to die statute. ThUS, "local government" means "a county, municipality, school district,
or other political subdivision" and "any department, agency, board, bureau, district,
commission, authority, or similar body of a county, municipality, school district, or
oilier political subdivision. In addition, the statute continues to provide that "I'Vith die
exception of the prohibitions specified in subsection (2), dhis section does not preclude
an elected official of the local government from expressing an opinion on any issue at
any time."
Attachment C
to 6-27-22 Minutes
Effect of 2022 Amendments
Section 106.113 continues to prohibit the use of public funds for a "political
advertisement... concerning an issue, referendum, or amendment, including any state
question, that is subject to a vote of the electors." A "political advertisement" is a "paid
expression in a communication medium ... by means other than the spoken word in
direct conversation, which expressly advocates ... the approval or rejection of an issue."
S 106.011(15), Fla. Stat. Thus, Section 106.113 prohibits die use of public funds for
communications which contain express advocacy for or against a ballot issue (using
words or phrases such as "vote for," "vote against," "approve," "reject," "support" or
"oppose") or which contain the "functional equivalent of express advocacy" which is
defined as being "susceptible of no reasonable interpretation other than as an appeal
to vote for or against a specific candidate" or issue. Dinerstein i : Bucher, 287 So. 3d
639, 643 (Fla. 4 th DCA 2020), citing to Citizens United v. Federal Elections
Cornlml slon, 558 U.S. 310, 324-325 (2010),
As amended in 2022, Section 106.113, in addition, prohibits the use of public
fluids for any other communication sent to electors concerning an issue, referendum,
or amendment, including any state question, that is subject to a vote of the electors,
hmspective of whether the communication is limited to factual lnformatlon or
advocates for the passage or defeat ofan issue, rrferendum, or amendment
The legislation does not define what is meant by "sent to electors," but it further
provides that "[t]his subsection applies to a communication initiated by a local
government or a person acting on behalf of a local government...." "One definition of
the word `send' is, `to cause to go or be carried.' Websters New Mond College
Dictionar7, 1305 (4th ed. 2001)." See Smith i� State, 190 So. 3d 94.3 96 (Fla. 4th DCA
2015) and Biller- v. State, 109 So. 3d 1240, 1241 (Fla. 5th DCA 2013).
Activities Not Precluded by HB 921
HB 921 specifically lists several activities which may be undertaken by local
government or a person acting on behalf of a local government which are not
precluded by the 2022 revisions. These activities include:
[ 1] Reporting on official actions of the local government's governing body in
an accurate, fair, and impartial manner.
Attachment C
to 6-27-22 Minutes
[21 Posting factual information' on a government websites or in printed
materials. A person acting on behalf of a local government does not violate Section
106.113 by using local governinent resources to prepare and post factual information
on a government website or by expending or authorizing the expenditure of public
funds to prepare printed materials containing factual information.
131 Hosting and providing information at a public forum. A local
government or a person acting on behalf of a local government does not violate
Section 106.113 by expending or authorizing the expenditure of public fiinds to host
a public foruim concerning an issue, referendum, or amendment that is subject to a
vote of the electors. At the public forum, the factual inforniation in printed materials
can be provided to those in attendance.
1In Division of Elections Opinion DE 10-06 (Question 4), the Division interpreted
the term "factual information" "to verifiable actualities, such as: `The new tax A411
pen -nit the county to purchase 25 buses at a cost of $100,000 each' and not include
any kind of subjective, qualitative statement or comment that `The tax vvill improve
public transportation."'
2 There have been several inquiries whether posting factual information on a local
government's social media pages would be included within the authorization
permitting "posting factual information on a government website ...." It is unclear that
posting factual information on a local government's social media pages would be
included the authorization permitting "posting factual information on a government
website or in printed materials" and drat guidance on this issue could be sought
through an advisory opinion from the Division of Elections.
-,In Division of Elections Opinion DE 10-06 (Question 10), the Division advised that
a local government officer or employee use of computer would be improper only if
what d -ie officer or employee does on the computer falls within the prohibitions of
Section 106.113(2).
'In DE 10-06 (Question 10), the Division advised that the use of copies made by a
local government photocopier to hand out as part of a presentation about an issue or
referenduim would be improper if d -ie documents fell with the prohibitions of die
statute.
Attachment C
to 6-27-22 Minutes
[41 Providing factual inforination in response to an inquiry. A person acting
on behalf of local goverruncnt would not violate Section 106.113 by providing factual
information about a ballot issue, unless the local government pays for the media
coverage.
[5] Providing information as otherwise authorized or required by law. HB
921 carries forward the language in Section 106.113(3) which provides that this section
does not preclude an elected official of the local government from expressing an
opinion on any issue at any time.f5
5 In Division of Elections Opinion DE 10-06 (Question 1), the Division advised with
respect to Section 106.113(3) "that elected officials have a right to say which course of
action they think best on any issue and to use dleir offices for that purpose ... and that
"[t]his express statutory affirmation for elected officials does not preclude other
persons acting on behalf of local government from expressing any opinion at any time
if the statement of the opinion does not violate the prohibition contained in section
106.113(2), Florida Statutes (2009), and is not contrary to other laws or regulations
governing the conduct of such persons. Therefore, DE 10-06 clarifies that non -elected
local officials may express an opinion at any time and on any manner so long as the
statement of the opinion does not otherwise violate die prohibition in 106.113(2).
Attachment C
to 6-27-22 Minutes
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Department of State / Division of Elections / Laws & Rules / Advisory Opinions
Advisory Opinions
Who May Request an Opinion?
By law, the Divis on of Elections shall provide advisory opinions to a supervisor of elections, candidate,
local officer having election related duties, political party, affiliated party committee, political committee,
or other person or organization engaged in political activity, relating to any provisions or possible
violations of Florida election laws the person or entity has taken or proposed to take. See section
106.23(2), Fla. Stat., and Rule 15-2.010, Florida Administrative Code. The rule, particularly subsection (4),
sets forth what is required for a written request.
Where to Submit a Request?
A request is to be submitted to DivElections@dos.myflorida.com, or mailed to:
Florida Department of State, Division of Elections
Director's Office
Room 316, R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399.0250
Legal Effect of an Opinion
An advisory opinion represents the Division's interpretation of the law applicable at the time the opinion is
Issued, as applied to a particular set of facts or circumstances, and is binding solely on the person or
organization who requested the opinion. A previously Issued advisory opinion mayor may not apoly to
your situation depending upon your particular facts and circumstances and the current state of applicable
law. Therefore, before drawing any legal conclusions based upon the Information in this database, you or
an attorney engaged on your behalf, should refer to the current law(s), rules adopted by the Division of
Elections, and applicable case law.
Attachment C
to 6-27-22 Minutes
Opinions Database
The Advisory Opinion database spans opinions issuee from 1976 to the present. See above for legal effect
of an opinion.
> Opinlons by Year
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Ron DeSantis, Governor
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