Regular City Commission Meeting  
Wednesday, May 6, 2026  
1:00 PM  
City of Hollywood  
Hollywood City Hall  
2600 Hollywood Blvd  
Hollywood, FL 33020  
Commission Chambers Room 219  
CITY COMMISSION  
Josh Levy, Mayor  
Traci Callari, Vice Mayor - District 3  
Caryl Shuham, Commissioner - District 1  
Peter D. Hernandez, Commissioner - District 2  
Adam Gruber, Commissioner - District 4  
Kevin Biederman, Commissioner - District 5  
Idelma Quintana, Commissioner - District 6  
Raelin Storey, City Manager  
Damaris Henlon, City Attorney  
Patricia A. Cerny, City Clerk  
NOTES  
As a courtesy the City is offering a new option for Citizens’ Comments, other than in-person  
comments, for persons to participate at 5:00 PM by telephone. The option for public comment  
via telephone is not available for Proclamations, Presentations or other agenda items.  
Advance registration is required to participate via telephone for Citizens' Comments at :  
Registration-291  
This registration form must be received by noon on the Tuesday prior to the meeting.  
Requests received after this time will not be honored. The public is encouraged to participate  
in -person at City Hall, 2600 Hollywood Boulevard, room 219.  
The Consent Agenda is comprised of items prepared by various offices and departments in  
the City. These items are routine and/or non-controversial in nature, and may be voted upon  
by the Commission in one motion as listed below.  
The Regular agenda consists of items that must be discussed or that could be considered  
controversial, and are voted upon by the Commission individually.  
Agenda items not scheduled for a specific time may be considered at any time during the  
meeting, at the Commission’s discretion. However, time certain items will not be considered  
by the Commission earlier than the time listed for those items, although those items may be  
taken up at a later time.  
The following items on this agenda are time certain items.  
1:00 PM - Item - 17 thru 21  
1:15 PM - Item - 22 thru 23  
1:30 PM - Item - 24  
1:45 PM - Item - 25 thru 26  
2:00 PM - Item - 27  
2:30 PM - Item - 28  
5:00 PM - Item - 33  
5:15 PM - Item - 34  
1.  
2.  
3.  
4.  
Moment of Silence  
Pledge of Allegiance  
Recognition of Veterans, Active Service Personnel & Their Families  
Roll Call  
CONSENT AGENDA  
(Items # 5 - 16)  
If a citizen wishes to comment on a specific item, he/she should submit a comment card to  
the City Clerk before the Commission approves the consent agenda.  
OFFICE OF THE CITY ATTORNEY  
5.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Implement A Settlement With Glisset Martinez  
In The Amount Of $60,000.00.  
Attachments:  
Strategic Plan Focus Area:  
Financial Management & Administration  
OFFICE OF THE CITY CLERK  
6.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving The Regular City Commission  
Meeting Minutes Of March 4, 2026.  
Attachments:  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
7.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving The Regular City Commission  
Meeting Minutes Of March 25, 2026.  
Attachments:  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
OFFICE OF COMMUNICATIONS, MARKETING & ECONOMIC DEVELOPMENT  
8.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The  
Consolidation And Expansion Of Existing Property Improvement  
Programs Into Unified Citywide Property Improvement  
Program (“Program”); Establishing Updated Participation Tiers;  
Implementing Program Modifications To Streamline  
A
Administration; And Authorizing The City Manager Or Designee  
To Execute All Agreements Within Applicable Spending  
Authority To Implement The Program.  
Attachments:  
Strategic Plan Focus Area:  
Economic Vitality  
DEPARTMENT OF DESIGN & CONSTRUCTION MANAGEMENT  
9.  
A Resolution Of The City Commission Of The City Of Hollywood,  
Florida, Approving The Final Ranking For Engineering Firms For  
The Design Of The Gracewood Neighborhood Sidewalk Project;  
And Authorizing The Appropriate City Officials To Negotiate And  
Execute  
A
Professional  
Services  
Agreement  
With  
The  
Highest-Ranked Firm, Kimley-Horn And Associates, Inc., For  
Professional Engineering Design Services For The Gracewood  
Neighborhood Sidewalk Project, With Funding Provided Under  
The Florida Department Of Transportation Local Agency  
Program; Amending The Fiscal Year 2026 Operating Budget  
And Capital Improvement Plan.  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
DEPARTMENT OF DEVELOPMENT SERVICES  
10.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Execute An Agreement With Advanced Data  
Solutions, Inc. For Document And Media Scanning Services, In  
An Amount Not To Exceed $150,000.00, From May 6, 2026,  
Through April 18, 2027, With An Option To Renew For An  
Additional One-Year Term, Based Upon The City Of Fort  
Lauderdale Agreement No. 12696-535, For Document And  
Media Scanning Services In Accordance With Section 38.41(C)  
(5) Of The Procurement Code. (Piggyback)  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
11.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Ratifying The Submission Of An Application  
To The United States Department Of Transportation For A 2024  
Safe Streets And Roads For All Grant For The Vision Zero  
Action Plan Project; Authorizing The Appropriate City Officials  
To Accept The Grant In An Amount Up To $200,000.00;  
Authorizing  
The  
Expenditure  
Of  
$50,000.00 In  
Required  
Matching Funds; And Further Authorizing The Appropriate City  
Officials To Execute All Necessary Program Documents And  
Agreements;  
Budget.  
Amending  
The  
Fiscal  
Year  
2026 Operating  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
DEPARTMENT OF PARKS, RECREATION & CULTURAL ARTS  
12.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Authorizing The Appropriate City Officials  
To Execute Two Agreements With The New Hibernians Of  
Hollywood, Inc., For The Production And Management Of The  
2026 World Cup Watch Parties In An Amount Up To  
$150,000.00 And In Accordance With Section 38.41(C)(9) Of  
The Procurement Code. (Best Interest)  
Attachments:  
Strategic Plan Focus Area:  
Quality of Life & Strong Neighborhoods  
POLICE DEPARTMENT  
13.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Authorizing The Appropriate City Officials  
To Execute Master Services Agreement With Peregrine  
A
Technologies, Inc. For Crime Analyst Software In An Amount  
Up To $520,000.00 For A Three-Year Period In Accordance  
With Section 38.41(C)(2) Of The Procurement Code. (Sole  
Source)  
Attachments:  
Strategic Plan Focus Area:  
Public Safety  
DEPARTMENT OF PUBLIC UTILITIES  
14.  
A
Resolution Of The City Commission Of The City Of  
Hollywood,  
Florida,  
Approving  
The  
Final  
Ranking  
Of  
Contractors For Utility Location Services; And Authorizing The  
Appropriate City Officials To Execute An Agreement With The  
Highest Ranked Firm, Craig A. Smith & Associates, LLC, For  
Utility Location Services In An Annual Amount Up To  
$300,000.00, From May 12, 2026, Through May 11, 2028.  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
15.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Execute The Third Renewal And Change Order  
To Blanket Purchase Agreement PA600686 With Airgas, Inc  
Dba Airgas USA, LLC For The Supply And Delivery Of Liquid  
Oxygen For The Period From June 1, 2026, To May 31, 2027,  
Increasing  
The  
Contract  
Amount  
From  
$298,000.00 To  
$900,000.00.  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilites  
16.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Issue A Purchase Order To JCB Miami, LLC  
D/B/A Gold Coast JCB For The Purchase Of Eight  
Trailer-Mounted Generators, In An Amount Up To $568,164.20,  
Based Upon Sourcewell Contract #020923-JCB, In Accordance  
With  
Section  
38.41(C)(5)  
Of  
The  
Procurement  
Code.  
(Piggyback)  
Attachments:  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
1:00 PM PRESENTATIONS, PROCLAMATIONS AND AWARDS  
17.  
Presentation By Anthony Roberts, Assistant Director of Human  
Resources, Of The Diamond Service Award Nominees And The  
Diamond Service Award Recipient By The Diamond Service  
Award Selection Committee.  
Presentation By Raelin Storey,  
City Manager, Of The May 2026 Team Diamond Award  
Recipients.  
Strategic Plan Focus Area:  
Employee Development & Empowerment  
18.  
19.  
20.  
A Proclamation In Recognition Of Public Service Recognition  
Week, May 3 - 9, 2026.  
Attachments:  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
A
Proclamation In Recognition Of Economic Development  
Week, May 4-8, 2026.  
Attachments:  
Strategic Plan Focus Area:  
Economic Vitality  
A Proclamation In Recognition Of The 57th Municipal Clerks’  
Week, May 3-9, 2026.  
Attachments:  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
21.  
Presentation By Joseph Stadlen, Chair, Regarding The Annual  
Report For The Planning & Development Board.  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
1:15 PM TIME CERTAIN ITEM  
(Or as soon thereafter as the agenda permits)  
22.  
An Ordinance Of The City Of Hollywood, Florida, Amending  
Article XIII Of The City Charter Entitled “Limitation On Sale,  
Lease Or Purchase Of City-Owned Real Property,” By  
Amending  
Section  
13.01 Entitled  
“Sale  
Of  
City-Owned  
Property,” Section 13.02 Entitled “Lease Of City-Owned Real  
Property,” And Section 13.03 Entitled “Purchase Of Real  
Property By City,” Subject To Approval By The Electorate At A  
Referendum To Be Held On November 3, 2026.  
Attachments:  
Second Reading  
Advertised Public Hearing  
Office of the City Attorney  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
23.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Naming The Police Athletic League (PAL)  
Facility As “Detective Jerry Christiansen PAL Center.”  
Attachments:  
Office of the City Clerk  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
1:30 PM TIME CERTAIN ITEM  
(Or as soon thereafter as the agenda permits)  
24.  
An Ordinance Of The City Commission Of The City Of  
Hollywood, Florida, Amending Chapter 72 The Code Of  
Ordinances Entitled "Parking”; Amending The Definitions Of  
And Regulations Concerning Commercial Vehicles; Providing  
For A Severability Clause And A Repealer Provision.  
Attachments:  
Second Reading  
Advertised Public Hearing  
Office of Parking & Code Compliance  
Strategic Plan Focus Area:  
Public Safety  
1:45 PM TIME CERTAIN QUASI-JUDICIAL ITEM(S)  
(Or as soon thereafter as the agenda permits)  
25.  
An Ordinance Of The City Of Hollywood, Florida, Changing The  
Zoning Designation Of 0.59 Acres Of Land, Generally Located  
At 2200 Jackson Street, Along With Unaddressed Parcels On  
Jackson  
Street,  
Folio  
Nos.  
5142-16-01-2370 And  
5142-16-01-0850, As More Specifically Described In Exhibit “A,”  
From Dixie Highway Medium Intensity Multi-Family District  
(DH-2) To Dixie Highway High Intensity Mixed-Use District  
(DH-3); And Amending The City’s Zoning Map To Reflect The  
Change In Zoning Designation. (25-Z-91)  
Attachments:  
Second Reading  
Advertised Public Hearing  
No Changes Since First Reading  
Department of Development Services  
Strategic Plan Focus Area:  
Economic Vitality  
26.  
A Resolution Of The City Commission of the City Of Hollywood,  
Florida, Allocating One Flex Unit Within The Broadwalk Historic  
District Commercial (Bwk-25-HD-C) for The Property Located At  
1402 North Surf Road (Folio No. 5142-12-01-0612); Providing  
For Conditions; And Providing For An Effective Date. (26-F-07)  
Attachments:  
First Reading  
Advertised Public Hearing  
Department of Development Services  
Strategic Plan Focus Area:  
Economic Vitality  
2:00 PM TIME CERTAIN ITEM  
(Or as soon thereafter as the agenda permits)  
27.  
An Ordinance Of The City Of Hollywood, Florida, Amending The  
City’s Adopted Comprehensive Plan By Amending The Text Of  
The Future Land Use Element To Add 4,379 Mid-Rise And  
High-Rise Residential Units And Reduce 1,000,000 Square  
Feet Of Commercial Within The City’s Transit Oriented Corridor  
(TOC)/State Road 7 Activity Center; Providing For Transmittal;  
Providing For Conflicts; Providing For Severability; And  
Providing For An Effective Date. (25-L-39)  
Attachments:  
First Reading  
Advertised Public Hearing  
Department of Development Services  
Strategic Plan Focus Area:  
Economic Vitality  
2:30 PM TIME CERTAIN ITEM  
(Or as soon thereafter as the agenda permits)  
28.  
An Ordinance Of The City Of Hollywood, Florida, Amending The  
City’s Adopted Comprehensive Plan By Amending The Text Of  
The Future Land Use Element To Add 8,000 Mid-Rise And  
High-Rise Residential Units And Reduce 200,000 Square Feet  
Of Office Uses Within The City’s Regional Activity Center  
(RAC); Providing For Transmittal; Providing For Conflicts;  
Providing For Severability; And Providing For An Effective Date.  
(25-L-50).  
Attachments:  
First Reading  
Advertised Public Hearing  
Department of Development Services  
Strategic Plan Focus Area:  
Economic Vitality  
ORDINANCE(S)  
29.  
An Ordinance Of The City Of Hollywood, Florida, Amending  
Ordinance Nos. O-2017-13 And O-2020-06, Which Created The  
Emerald Hills Safety Enhancement District; Amending Section  
13 (Sunset Provision) To Extend The Date On Which The  
District Shall Automatically Sunset Unless Again Extended;  
Amending Section 6 (Financing Of The District) To Increase  
The Annual Non-Ad Valorem Assessment Maximum Per  
Property Per Year; And Providing For An Effective Date.  
Attachments:  
First Reading  
Office of the City Clerk  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
30.  
An Ordinance Of The City Commission Of The City Of  
Hollywood, Florida, Vacating A Portion Of The Platted Fletcher  
Street Lying Within The Plat Of “3rd Amended Plat Of Portion  
Of Hollywood Pines,” Plat Book 19, Page 3, And More  
Specifically Described In Exhibit “A” Attached Hereto And  
Incorporated Herein; Providing  
A
Severability Clause,  
A
Repealer Provision, And An Effective Date.  
Attachments:  
First Reading  
Department of Development Services  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
REGULAR AGENDA  
Resolution Of The City Commission Of The City Of  
31.  
A
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Negotiate And Execute An Agreement With  
The Highest Ranked Firm, 22nd Century Technologies, Inc., For  
A Citywide Professional Answering And Informational Service.  
Attachments:  
Office of Communications, Marketing, and Economic Development  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
32.  
A
Resolution Of The City Commission Of The City Of  
Hollywood, Florida, Approving And Authorizing The Appropriate  
City Officials To Execute A Construction Management At Risk  
Phase II Construction Services Agreement With Lebolo  
Construction Management, Inc. For The Fire Station 74 HVAC  
System Replacement Project, Phase A, For A Total Guaranteed  
Maximum Price In An Amount Up To $1,900,000.00.  
Attachments:  
Department of Design & Construction Management  
Strategic Plan Focus Area:  
Infrastructure & Facilities  
33.  
34.  
5:00 PM CITIZENS’ COMMENTS (Total Time 30 Minutes)  
5:15 PM TIME CERTAIN ITEM(S)  
(Or as soon thereafter as the agenda permits)  
Presentation By Vice Mayor Traci Callari To Say Farewell To  
The Senior Members And To Award Them With A Scholarship  
Check For Their Participation In The Hollywood Youth  
Ambassador Program.  
Strategic Plan Focus Area:  
Communications & Civic Engagement  
COMMENTS BY THE CITY COMMISSION, CITY ATTORNEY & CITY  
MANAGER  
35. Commissioner Quintana, District 6  
36. Commissioner Shuham, District 1  
37. Commissioner Hernandez, District 2  
38. Vice Mayor Callari, District 3  
39. Commissioner Gruber, District 4  
40. Commissioner Biederman, District 5  
41. Mayor Levy  
42. City Attorney  
43. City Manager  
44. ADJOURNMENT  
The City of Hollywood is conducting its City Commission Meetings in person at City Hall, located at  
2600 Hollywood Boulevard. To view the meeting agenda, please visit hollywoodfl .org. Members of the  
public  
may  
watch  
the  
City  
Commission  
Meetings  
via  
the  
City’s  
website  
at  
hollywoodfl.org/WatchMeeting, via livestream on the City’s YouTube Channel, on Comcast Channel  
78 or ATT U-Verse Channel 99.  
Any person who wishes to speak must first complete a comment card from the City Clerk. Comment  
cards must be returned to the City Clerk within the first five minutes after the start of the agenda item .  
After being recognized, approach the podium, give your name and address, identify your client or  
clients (if applicable). A citizen's time is not transferable to any other person.  
Citizens' Comments shall be held on the First and Third Wednesday of each month at the Regular  
City Commission Meeting in the City Commission Chambers, Room 219, at 5:00 PM.  
Lobbyist registration is required if any person, firm or corporation is lobbying the City Commission on  
any petition or issue, pursuant to the Section 30.15 of the Code of Ordinances.  
Any person wishing to appeal any decision made by this Commission with respect to any matter  
considered at such meeting or hearing will need a record of the proceedings, and for such purposes  
may need to ensure that a verbatim record of the proceedings is made, which record includes the  
testimony and evidence upon which the appeal is made.  
Two or more members of the same city board, commission, or committee, who are not of this  
Commission, may attend this meeting and may, at that time, discuss matters on which foreseeable  
action may later be taken by their board, commission or committee.  
Persons with disabilities who require reasonable accommodations to participate in City programs  
and/or services may call the Clarissa Ip, ADA Coordinator/City Engineer, five business days in  
advance at 954-921-3915 (voice) or email: cip@hollywoodfl.org. If an individual is hearing or speech  
impaired, please call 1-800-955-8771 (V-TDD).  
Disclosure of Real Estate Interests and Business Relationships - When an agenda item involves the  
use or development of land, each member of the City Commission, City Manager, Assistant City  
Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director (s) of each  
City department/office shall disclose orally, at the time the City Commission begins to discuss the  
item, or in writing to the City Clerk prior to the publication of the agenda, any significant interest (as  
defined below) that such City official or employee or any relative of such City official or employee has  
in land located within 300 feet of the land that is the subject of the item. When an agenda item  
involves an invitation for bids, request for proposals, request for qualifications, request for letters of  
interest, or other competitive solicitation, each member of the City Commission, City Manager,  
Assistant City Manager(s), City Attorney, Deputy City Attorney, and the director and assistant director  
(s) of each City department/office shall disclose orally, at the time the City Commission begins to  
discuss the item, or in writing to the City Clerk prior to the publication of the agenda, any client or  
business relationship that such City official or employee or any relative of such City official or  
employee has with any business entity that has submitted a response to the competitive solicitation .  
“Significant interest” means ownership of more than five percent of the value of the land.  
Persons attending meetings shall remain seated at all times unless called upon to speak, will not call  
out comments during the meeting or make inappropriate hand or facial gestures. Please silence all  
cell phones prior to entering the meeting.  
QUASI-JUDICIAL HEARING PROCEDURES  
AND RULES FOR EX-PARTE COMMUNICATIONS  
I. Scope and Applicability. These procedures shall apply to all quasi-judicial hearings held by the City  
Commission or by any Board or Committee (hereinafter referred to as “Boards”) which holds  
quasi-judicial hearings.  
The City Attorney shall determine which matters are quasi-judicial in nature  
and shall direct the City Clerk or Board liaison to designate specially such matters on the agenda.  
II. Proceedings. Mayor, Vice Mayor or other presiding officer (hereafter, the "Presiding Officer") shall  
conduct the proceedings and maintain order. The City Attorney or legal advisor shall represent the  
City Commission or Board, rule on all evidentiary and procedural issues and objections, and advise  
the City Commission or Board as to the applicable law and necessary factual findings. Hearings shall  
be conducted informally, but with decorum. Formal rules of procedure shall not apply except as set  
forth herein; however, fundamental due process shall be accorded.  
III. Unauthorized Communications. In all quasi-judicial hearings, all rulings must be based only upon  
the evidence presented at the hearing. In accordance with Section 286.0115(1), Florida Statutes, ex  
parte communications with City Commissioners or Board members in quasi-judicial matters is  
permissible and the adherence to the following procedures shall remove the presumption of prejudice  
arising from ex parte communications with City Commissioners or Board members:  
1. The substance of any ex parte communication with a City Commissioner or Board member which  
relates to a quasi-judicial action pending before the Commission or Board is not presumed prejudicial  
to the action 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 before the final action  
on the matter.  
2.  
A City Commissioner or Board member may read a written communication from any person.  
written communication that relates to quasi-judicial action pending before the  
However,  
a
a
Commission or Board shall not be presumed prejudicial to the action, and such written communication  
shall be made a part of the record before final action on the matter.  
3. City Commissioners or Board members may conduct investigations and site visits and may receive  
expert opinions regarding quasi-judicial action pending before them.  
Such activities shall not be  
presumed prejudicial to the action 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 subparagraphs 1, 2 and 3 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 give a reasonable opportunity to refute or respond  
to the communication.  
IV.  
Witnesses and Supporting Materials.  
At least eight City business days before a quasi-judicial  
hearing.  
A. Staff shall prepare a report, recommendation and supporting materials, a copy of which shall be  
available to the applicant, appellant and to the public at the City Clerks Office. Included in the  
supporting materials will be copies of all exhibits and documents upon which staffs recommendation  
is based.  
B. The Applicant and the Appellant, if applicable, shall submit a detailed outline of the argument in  
support of their application, copies of all exhibits which will be presented at hearing and the names  
and addresses of all witnesses who will be called to testify in support of the application (including  
resumes for any witness the party intends to qualify as an expert).  
C. The eight City business day deadline is necessary to ensure the Commission or Board members  
are given sufficient opportunity to review the written submissions prior to the hearing, and shall be  
strictly observed. Should the eight day City business day deadline be missed by either staff or the  
Applicant, the item may be continued at the discretion of the City Commission or Board to the next  
available agenda.  
V. Party Intervenors. The City Attorney may allow a person to intervene as a Party Intervenor if they  
meet the following requirements:  
A. The person must have an interest in the application, which is different than the public at large.  
B. At least three days prior to the hearing, the person shall submit a written request to intervene  
including: a detailed outline of their interest in the application and argument in favor or against it,  
copies of all exhibits which will be presented at the hearing and the names and addresses of all  
witnesses who will be called to testify on their behalf (including resumes for any witness the person  
intends to qualify as an expert).  
VI. Conduct of Hearing.  
A. The Presiding Officer shall call the proceeding to order and announce that the hearing has begun.  
B. The Presiding Officer, City Attorney or legal advisor shall inquire whether all parties, members of  
the public and Commission or Board members agree to waiving the quasi-judicial hearing.  
C. When the quasi-judicial hearing is not waived, the City Attorney, legal advisor or Presiding Officer  
shall explain the rules concerning procedure, testimony, and admission of evidence.  
D. When the quasi-judicial hearing is not waived, the City Clerk or staff liaison shall swear in all  
witnesses who are to testify at the hearing.  
E. The order of proof shall be as follows:  
1.  
request, introduce and review all relevant exhibits and evidence, report staffs recommendation, and  
present any testimony in support of staff’s recommendation. Staff shall have a maximum of 30  
minutes to make their full presentation, including opening statement and all direct presentation by  
A representative of the City’s staff (or outside counsel) shall briefly describe the Applicants  
witnesses, but excluding any cross-examination or questions from the Commission or  
member.  
a
Board  
2.  
The Appellant, if applicable, (or his/her representative or counsel) shall present evidence and  
testimony in support of the application. Appellant shall have a maximum of 30 minutes to make its full  
presentation, including opening statement and all direct presentation by witnesses, but excluding any  
cross-examination or questions from the Commission or a Board member.  
3. Any Party Intervenor (or his/her representative or counsel) shall present evidence and testimony in  
support of or opposed to the application. A Party Intervenor shall have a maximum of 30 minutes to  
make his/her full presentation, including opening statement and all direct presentation by witnesses,  
but excluding any cross-examination or questions from the Commission or a Board Member.  
4.  
The Applicant (or his/her representative or counsel) shall present evidence and testimony in  
Applicant shall have a maximum of 30 minutes to make his/her full  
support of the application.  
presentation, including opening statement and all direct presentation by witnesses, but excluding any  
cross-examination or questions from the Commission or a Board member.  
5.  
Any other persons present who wish to submit relevant information to the City Commission or  
Board shall speak next for a maximum of three minutes each (excluding any cross-examination or  
questions from the Commission or a Board member). Members of the public will be permitted to  
present their non-expert opinions, but the Commission or board will be expressly advised that public  
sentiment is not relevant to the decision, which must be based only upon competent and substantial  
evidence.  
6. The Appellant will be permitted to make final comments, if any (maximum of five minutes).  
7. The Applicant will be permitted to make final comments, if any (maximum of five minutes).  
8. The Party Intervenor will be permitted to make final comments, if any (maximum of five minutes).  
9. The City’s staff will make final comments, if any (maximum of five minutes).  
10. At the discretion of the Presiding Officer, the Applicant may be permitted to respond to the final  
Party Intervenor and staff comments and recommendations (maximum of three minutes).  
G. The City Attorney or legal advisor will advise the City Commission or Board as to the applicable  
law and the factual findings that must be made to approve or deny the application.  
H. The City Commission or Board will conduct open deliberation of the application. The Presiding  
Officer shall have the discretion to reopen the proceeding for additional testimony or argument by the  
parties when an outcome substantially different than either the granting or denial of the application is  
being considered.  
deny the application.  
After deliberations, a vote shall be taken to approve, approve with conditions or  
VII.  
Examination by Commissioners and City Attorney or Legal Advisor.  
Commissioners, Board  
members and the City Attorney or Legal Advisor may ask questions of persons presenting testimony  
or evidence at any time during the proceedings until commencement of deliberation.  
VIII. Cross-Examination of Witnesses.  
After each witness testifies, the City staff representative, the  
Applicant’s representative, Appellant’s representative, and/or the Party Intervenor’s representative  
shall be permitted to question the witness, but such cross-examination shall be limited to matters  
about which the witness testified and shall be limited to five minutes per side. Members of the public  
will not be permitted to cross-examine witnesses. Cross-examination shall be permitted only as would  
be permitted in a Florida court of law.  
IX. Rules of Evidence.  
A. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their  
affairs shall be admissible, whether or not such evidence would be admissible in a court of law in  
Florida. Irrelevant, immaterial, harassing, defamatory or unduly repetitive evidence shall be excluded.  
B. Hearsay evidence may be used for the purposes of supplementing or explaining other evidence,  
but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in  
a civil action.  
C. Documentary evidence may be presented in the form of a copy or the original. Upon request,  
parties shall be given an opportunity to compare the copy with the original.  
X. Statements of Counsel.  
Statements of counsel, or any non-attorney representative, shall only be  
considered as argument and not testimony unless counsel or the representative is sworn in and the  
testimony if based on actual personal knowledge of the matters which are the subject of the  
statements.  
XI.  
Continuances and Deferrals.  
The City Commission or Board shall consider requests for  
continuances made by City staff, the Applicant, the Appellant or a Party Intervenor and may grant  
continuances in its sole discretion. If, in the opinion of the City Commission or Board, any testimony  
or documentary evidence or information presented at the hearing justifies allowing additional research  
or review in order to properly determine the issue presented, then the City Commission or Board may  
continue the matter to a time certain to allow for such research or review.  
XII. Transcription of hearing.  
A.  
The City Clerk or staff liaison shall preserve the official transcript of the hearing through tape  
recording and/or video recording.  
B. the Applicant, Appellant or Party Intervenor may arrange, at its own expense, for a court reporter  
to transcribe the hearing.  
C. The Applicant, Appellant or Party Intervenor may request that all or a part of the transcript of a  
hearing be transcribed into verbatim, written form.  
In such case, the Applicant, Appellant or Party  
Intervenor requesting the transcript shall be responsible for the cost of production of the transcription  
and the transcription shall become the official transcript.  
XIII. Maintenance of Evidence and Other Documents. The Office of the City Clerk or staff liaison  
shall retain all of the evidence and documents presented at the hearing unless any such evidence is  
too large to be stored by the City Clerk or staff liaison. In that event, such evidence will be stored in  
the Community Planning and Development Department.  
XIV. False Testimony. Any willful false swearing on the part of any witness or person giving evidence  
before the Commission or Board as to any material fact in the proceedings shall be deemed to be  
perjury and shall be punished in the manner prescribed by law for such offense.  
XV.  
Failure of Applicant to Appear.  
If the Applicant, the Appellant or Party Intervenor or their  
representative fails to appear at the time fixed for the hearing, and such absence is not excused by  
the Commission or Board, the Commission or Board may proceed to hear the evidence and render a  
decision thereon in absentia.  
XVI.  
Subpoena Power.  
The Applicant, the Appellant or Party Intervenor or Citys staff shall be  
entitled to compel the attendance of witnesses through the use of subpoenas. All such subpoenas  
shall be issued by the City Clerk at the request of the Applicant, Appellant or City’s staff.  
R-2016-334, 11/2/2016