EX PARTE COMMUNICATIONS

Cape Coral Code of Ordinances ch. 2, art. V, div. 2

in effect

Cape Coral Code of Ordinances § 2-70 Definitions.

§ 2-70 - Definitions. For purposes of this division, the following words and phrases shall have the meanings indicated below, unless the context in which the word or phrase is used clearly indicates that another meaning is intended. EX PARTE COMMUNICATION. Any communication, written, oral or by way of any electronic or other medium or process, to an official regarding any quasi-judicial matter which is made outside of an advertised hearing on the matter. OFFICIAL. Any member of the City Council, the city's Contractor's Regulatory Board/housing Board of Adjustment and Appeals, the city's Fire Prevention Code Board of Adjustment and Appeals, the city's Planning and Zoning Commission, the municipal General Employees Pension Trust Fund Board of Trustees, the Municipal Firefighters Pension Trust Fund Board of Trustees or the municipal Police Officers' Pension Trust Fund Board of Trustees; any member of a grievance committee appointed pursuant to a personnel policy adopted by the City Council; the Hearing Examiner; and any city hearing officer or special master. QUASI-JUDICIAL MATTER. Any matter with regard to which an individual official or a board, commission or committee of officials is required to ascertain facts based on evidence presented at an advertised hearing and draw conclusions from the facts to determine the personal or property rights of any party, including, but not limited to, rezonings of individual parcels of land under one ownership or of multiple parcels under separate ownership totaling less than ten acres in size; applications for special exceptions, variances or planned development project approvals; disciplinary actions and license or permit revocation actions; code enforcement proceedings; appeals of administrative decisions; and appeals of quasi-judicial decisions. (Ord. 8-00, 2-14-2000; Ord. 25-16, 6-6-2016)

Cape Coral Code of Ordinances § 2-71 Access to officials; procedure for disclosure of ex parte communications.

§ 2-71 - Access to officials; procedure for disclosure of ex parte communications. (a) Access permitted. Any person not otherwise prohibited by statute, charter provision or ordinance may discuss with any official the merits of any quasi-judicial matter on which action may be taken by the official, or by any board, commission or committee of which the official is a member, as long as the following process is observed: (1) The substance of any ex parte communication with an official which relates to a quasi-judicial matter pending before the official shall not be presumed prejudicial to the action taken with regard to the matter if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record of the hearing on the matter; (2) An official may read a written communication from any person. However, a written communication that relates to a quasi-judicial matter pending before a local public official shall not be presumed prejudicial to the action taken with regard to the matter if the written communication is made a part of the record of the hearing on the matter; and (3) a. An official may conduct investigations and site visits and may receive communications from experts regarding a quasi-judicial matter pending before the official. b. Those activities shall not be presumed prejudicial to the action taken with regard to the matter if the occurrence of the investigation, site visit or communication is made a part of the record of the hearing on the matter and the official discloses at the hearing any fact, circumstance or opinion learned through the occurrence which influences the official's vote. (b) Disclosure. In order to remove any presumption of prejudice, a disclosure made pursuant to subsections (a)(1), (a)(2) and (a)(3) above, must be made before or during the public meeting at which a vote is taken on those matters, and persons who have opinions contrary to those expressed in the ex parte communication must be given a reasonable opportunity to refute or respond to the communication. (c) Failure to comply. Failure of any official to comply with this section does not amount to a violation of F.S. Chapter 112, Part III, "Code of Ethics for Public Officers and Employees". (Ord. 8-00, 2-14-2000)

Cape Coral Code of Ordinances § 2-72 Land use matters.

§ 2-72 - Land use matters. (a) Prior to the start of a hearing on any quasi-judicial matter involving land use (such as a rezoning, variance, special exception or planned development project approval), any person aggrieved may file a request to be heard in the matter. (b) (1) A person who appears before the official or board, commission or committee hearing the matter, who is not a city employee testifying in an official capacity, a party or a person aggrieved, shall be allowed to testify, subject to control by the decision-making official or body, and may be requested to respond to questions from the decision-making body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. (2) The decision-making official or body shall assign weight and credibility to the testimony as deemed appropriate. (3) Any city employee testifying in an official capacity, any party and any person aggrieved in a quasi-judicial matter involving land use, upon request by any party or any person aggrieved, shall be sworn as a witness, shall be subject to cross-examination by any party or any person aggrieved, and shall be required to be qualified as an expert witness, if appropriate. (c) (1) With regard to a quasi-judicial matter involving land use, a person may not be precluded from communicating directly with the decision-making official or with a member of the decision-making body by application of ex parte communication prohibitions. (2) Disclosure of the communications by the decision making official or by a member of the decision making body is not required pursuant to § 2-71 above, and nondisclosure shall not be presumed prejudicial to the decision of the decision making official or body. (3) All decisions regarding quasi-judicial matters involving land use must be supported by substantial, competent evidence in the record of the hearing on the matter, regardless of any like communications. (Ord. 8-00, 2-14-2000; Ord. 70-05, 11-7-2005)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTVBOCO_DIV2EXPACOFetched: 11/4/2026