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25-2266 Amending City Code, Prohibiting Unauthorized Access to Nonpublic Forums, Prohibiting Audio/Video Recording ORDINANCE NO. 25-2266 AN ORDINANCE OF THE CITY COMMISSION OF LONGWOOD, FLORIDA, AMENDING LONGWOOD CITY CODE CHAPTER 2, ARTICLE I PROHIBITING UNAUTHORIZED ACCESS TO NONPUBLIC FORUMS AND PROHIBITING AUDIO/VIDEO RECORDING IN AREAS OTHER THAN DESIGNATED PUBLIC FORUMS; AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, given the relative ease with which video and audio recordings can now be made (just about every smartphone can produce a reasonably high-quality video recording), a phenomenon has developed in recent years in which people make video (and audio) recordings of public employees in public spaces under the auspices of "First Amendment auditing"; and WHEREAS, it is currently settled law that there typically is a right under the First Amendment to record the activities of public officials on public property, but like all First Amendment protections, this right is "subject to reasonable time, manner and place restrictions" (see the case of Smith v. City of Cumming, 212 F.3d 1332 (11th Cir. 2000); and WHEREAS, the law generally allows for the use of audio and recording devices in public access areas of public buildings, but not in restricted areas that are not generally open to the public or not open to the public without escort; and WHEREAS, "[i]t is by now clear that the First Amendment does not guarantee access to property just because it is owned by the government." Bloedorn v. Grube, 631 F.3d 1218, 1230 (11th Cir. 2011)"; and WHEREAS, "restrictions on a limited public forum need only be (1) reasonable and (2) viewpoint neutral." Sheets v. City of Punta Gorda, Florida, 415 F.Supp. 3d 1115, 1122 (M.D. Fla. 2019); and WHEREAS, there are portions of City Hall, the Police Department and other public buildings which are restricted and generally not open to the public without escort; and WHEREAS, the presence of the public in such restricted areas, including for the purposes of video and audio recording, is disruptive and detrimental to the safety, welfare, and performance of the duties of City employees; and WHEREAS, there are areas within City-owned, controlled, or leased buildings which are considered "limited public forums" as they either are limited areas open to the members of the public who are engaging in legitimate public business or are primarily intended for the use of City employees in the conduct of their business but may be utilized for convening public meetings; and Ordinance No.25-2266 Page 1 of 6 WHEREAS, the lobby of the Longwood Police Department is an example of such a limited public forum where uniformed or civilian employees interact with citizens who are there to engage in the legitimate public business of interacting with law enforcement for various purposes including but not limited to reporting crimes, seeking or providing information, and accessing resources; and WHEREAS, the nature of the kinds of public business for which limited public forums are open to the public often involve the disclosure and discussion of private and sensitive information, making the privacy of citizens in such spaces of paramount importance; and WHEREAS, given the nature of the information being shared by citizens in limited public forums, coupled with citizens' obvious and reasonable expectation of some level of privacy in such areas, it is absolutely inappropriate for another member of the public in limited public forums to video or audio record such conversations; and WHEREAS, the City Commission finds that adoption of provisions of the City Code prohibiting the unauthorized public access to restricted, nonpublic areas and prohibiting video and/or audio recording within any enclosed City-owned, controlled, or leased property not classified as a designated public forum is both reasonable and viewpoint neutral and is necessary for protecting the safety and welfare of the citizens of Longwood. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. City Code Amendment. Chapter 2, Article I of the City Code of Ordinances is hereby amended as follows (words that are str; ut are deletions; words that are underlined are additions): Sec. 2-2. Control of Access to City-Owned, Controlled, and Leased Property. (a) In accordance with decisions of the United States Supreme Court, public access to areas within enclosed facilities owned, controlled, or leased by the City of Longwood may be restricted depending upon whether such areas are classified as a "designated public forum," "limited public forum," or "nonpublic forum." The classification of such areas is based upon their intended use. (b) The City Manager is hereby authorized to manage public access to enclosed City-owned, controlled, and leased property. In the performance of such responsibilities, the City Ordinance No.25-2266 Page 2 of 6 Manager shall have the authority to identify which areas are to be considered designated public forums, limited public forms, or nonpublic forums. (c) Upon the classification of areas within enclosed City-owned, controlled, and leased property, the City Manager is hereby authorized, subject to the availability of appropriated funds, to employ whatever means are deemed necessary, prudent, and appropriate to separate and distinguish designated public forums from limited forums or nonpublic forums, including but not limited to the use of physical barriers and signage. The City Manager shall also have the authority to develop and implement procedures to regulate and control public access within City-owned, controlled, and leased property to provide for the security and privacy of public visitors, to provide for the security and privacy of City employees and officers, and to minimize potential disruptions to the work of City government. Any person who engages in conduct that causes disruptions to the work of City government shall be deemed to no longer be present within the City-owned, controlled, or leased property on legitimate public business. (d) Except in designated public forums, it shall be unlawful and a violation of this section to record video and/or audio within City-owned, controlled, or leased property. Without limiting the above, it is expressly prohibited to record video and/or audio within the lobby of the Longwood Police Department or any restricted areas of the Longwood Police Department building. The prohibition of this subsection shall not apply to any law enforcement activities or City owned surveillance systems. This section is not intended to prohibit the recording of video and/or audio within City-owned, controlled, or leased property during a Commission meeting, other City board meeting or community meeting that is open to the public. This prohibition of this subsection shall not apply to recording that is expressly authorized by advanced written permission of City Manager and with the consent of those persons being recorded. (e) Anyone observed to be recording video and/or audio within City-owned, controlled, or leased property in violation of this section who refuses to cease recording activity after being advised that such activity is prohibited under this section shall be considered to be a disruption to the work of City government. Such persons shall be deemed to no longer be present within the City-owned, controlled, or leased property on legitimate public business. The City Manager or his or her designees are hereby authorized to request that any person who refuses to cease video and/or audio recording in areas other than designated public forums to immediately leave the premises. A trespass warning will remain in place fora period of one year from the date of its issuance. Any person who refuses to cease video and/or audio recording and who refuses to immediately leave the premises upon request shall be considered a trespasser. Law enforcement, at its option, may enforce any person's refusal to depart by means of Section 810.08, Florida Statutes, or issue a trespass warning notice for this conduct. ID The City Manager and his or her designees are authorized to remove any person they determine: Ordinance No.25-2266 Page 3 of 6 1. Acts in any manner which violates or is reasonably expected to violate any federal, state, or local law, ordinance, rule, or regulation; or 2. Acts in any manner which violates any City rules or policy or any directive on any sign or notice at the public property. The City Manager and his or her designees are hereby authorized to warn persons of this prohibited activity and request such activity to cease. A trespass warning will remain in place for a period of one year from the date of its issuance. Law enforcement, at its option, may enforce any person's refusal to depart by means of Section 810.08 and Section 810.09, Florida Statutes, or issue a trespass warning notice for this conduct. (g) The City Manager and his or her designees are hereby authorized to warn persons who have entered into or remain in areas where they are not authorized to be, and to request such persons to depart. The City Manager and his or her designees are hereby authorized to call upon law enforcement to treat as trespassers any persons who refuse to depart after such a request has been made. Law enforcement, at its option, may enforce any person's refusal to depart by means of Section 810.08 and Section 810.09, Florida Statutes, or issue a trespass warning notice for this conduct. (h) Appeal of trespass warning. A person to whom a trespass warning is issued under this section shall have the right to appeal as follows: 1. An appeal of the trespass warning must be filed, in writing, within ten (10) days of the issuance of the warning, and shall include the appellant's name, address, and phone number, if any. No fee shall be charged for filing the appeal. 2. The appeal shall be filed at the location specified in the trespass warning. 3. The city shall contract with a special magistrate and/or the contracted Local Hearing Officer to hear all trespass appeals. 4. Within thirty (30) days following the filing of the appeal, the special magistrate or Local Hearing Officer shall schedule a hearing. Notice of the hearing will be provided to the appellant by: a. Posting the notice at City Hall; and b. Mailing a copy of the notice if an address is provided. In the event of non-delivery, the notice posted at City Hall shall suffice. 5. The special magistrate or Local Hearing Officer shall hold the hearing as soon as possible. In no event shall the hearing be held sooner than seven (7) days following the filing of the appeal and no later than sixty (60) days from the filing of the appeal. Ordinance No.25-2266 Page 4 of 6 6. Copies of documents in the city's control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost. 7. The appellant and the city shall have the right to attend with an attorney, the right to testify, to call witnesses, to cross-examine witnesses, and to present evidence. Any attorney appearing on behalf of the appellant shall file a notice of appearance with the office of the city attorney at least three (3) days prior to the hearing. The appellant shall have the right to bring a court reporter, at his or her own expense. 8. The special magistrate or Local Hearing Officer shall consider the testimony, reports, or other documentary evidence, and any other evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. 9. The city shall bear the burden of proof by clear and convincing evidence that the trespass warning was issued pursuant to the criteria of this section. 10. If the appellant fails to attend a scheduled hearing, the special magistrate or Local Hearing Officer shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria of this section. 11. Within five (5) business days of the hearing, the special magistrate or Local Hearing Officer shall issue a written decision on the appeal which shall be mailed to the appellant at the address provided. If no address is provided, a copy of the decision shall be posted at City Hall. 12. The decision of the special magistrate or Local Hearing Officer shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law by the appellant. The city may not appeal the decision of the special magistrate. 13. The trespass warning shall remain in effect during the appeal and review process, including any judicial review. Secs. 242-3-2-30. Reserved SECTION 3. Conflicts. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. Ordinance No.25-2266 Page 5 of 6 SECTION 4: Severability. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not affect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 5: Codification. Section 2 of this Ordinance shall be incorporated into the Longwood City Code. Any section, paragraph number, subsection number, letter, and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and other similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance or City Code may be freely made. SECTION 6: Effective Date. This Ordinance shall take effect immediately upon its adoption. FIRST READING: April 7, 2025 SECOND READING AND ADOPTION: April 21, 2025 PASSED AND ADOPTED THIS 21sY DAY OF April, 2025 CITY COMMISSION CITY OF LONGWOOD, FLO DA MATTHEW MCMILLAN, MAYOR ATTEST: MICHELLE L G , C, FCRM, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. LANG , ClCITlaTTERNEY Ordinance No.25-2266 Page 6 of 6