Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Business Development
Information
Requested Action
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MOTION TO ADOPT Resolution Amending the Broward County Administrative Code, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO COMPETITIVE SELECTION, NEGOTIATION, AND AWARD OF MARINE TERMINAL FACILITIES; AMENDING SECTION 32.4 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.
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Why Action is Necessary
Resolutions to amend the Broward County Administrative Code require a public hearing before approval by the Broward County Board of County Commissioners (“Board”).
What Action Accomplishes
Allows for the Board’s consideration of the Resolution Amending the Broward County Administrative Code.
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Previous Action Taken
Request to Set Public Hearing was approved by the Board on May 26, 2026 (Item No. 18).
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
Section 32.4.h.1.(c) of the Broward County Administrative Code currently requires that the selection and negotiation of preferential assignments, user or management agreements, and marine terminal leases at Port Everglades be conducted in accordance with “Sunshine Law notification procedures,” and contains an outdated cross-reference to a section of the Broward County Procurement Code. Section 315.18, Florida Statutes, provides that proposals, counterproposals, and financial records exchanged between a deepwater port and private entities for the sale, lease, or use of port land or facilities are confidential and exempt from public records requirements during active negotiations. Such materials cease to be exempt 30 days prior to Commission consideration for approval or, if no item is submitted for approval, 90 days after the cessation of negotiations.
Pursuant to the existing Section 32.4.h.1.(c) requirements, Port negotiations have been publicly noticed but immediately closed to the public pursuant to state law. The proposed Resolution removes the Sunshine Law reference to align the section with the intent of Section 315.18. This change is also consistent with the Commission’s revision of the Procurement Code on June 12, 2018 (Item No. 69), which deleted the requirement that contract negotiations be noticed in the same manner as meetings subject to Florida’s Sunshine Law.
The proposed amendment would allow applicable Port negotiations to proceed confidentially where authorized by state law, while preserving the Commission’s authority as the awarding authority for preferential assignments, user or management agreements, and marine terminal leases.
Maintaining confidentiality during applicable negotiations protects the County’s negotiating position, allows commercially sensitive information to be evaluated in accordance with applicable law, and enhances the Port’s ability to compete for cargo, private investment, and long-term maritime business opportunities. Any final agreement submitted for Commission approval would remain subject to applicable public notice and approval requirements.
Source of Additional Information
Jorge Hernández, Director, Business Development Division, Port Everglades Department, (954) 468-3501
Glenn Wiltshire, Deputy Port Director, Port Everglades Department, (954) 468-3504
Fiscal Impact
Fiscal Impact/Cost Summary
None.