Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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A. MOTION TO WAIVE Section 18.5(e)(1) of the Broward County Administrative Code, which requires that the Board first direct the Office of the County Attorney to draft a proposed ordinance.
ACTION: (T-10:44 AM) Approved.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on May 7, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO LOW-VOLTAGE ELECTRIC FENCES; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
ACTION: (T-10:44 AM) Approved Resolution No. 2024-125.
VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
Implements HB 535 (2024 Legislative Session) preempting local governments from adopting or maintaining ordinances or rules that provide additional requirements for low voltage alarm system projects.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
Chapter 39 of the Broward County Code of Ordinances ("Zoning Code") currently contains several provisions prohibiting electrified fencing across a number of different zoning categories.
During the 2024 Session, the Florida Legislature passed HB 535 which, among other things, prohibits local governments from adopting or maintaining ordinances or rules that provide additional requirements for low-voltage alarm system projects that are inconsistent with Section 553.793, Florida Statutes. HB 535 further provides that "[a] low voltage electric fence is allowed in any area unless the area is zoned exclusively for single-family or multifamily residential use. An area is not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category."
Once signed by the Governor, HB 535 will have an effective date of July 1, 2024.
The Board is separately considering a Motion to Direct generally requiring the Office of the County Attorney to draft appropriate ordinances for consideration by the Board to address any recommended amendments to the Broward County Code of Ordinances as a result of the 2024 Session of the Florida Legislature.
If this item is approved, the proposed Ordinance will implement HB 535 by specifying that only electric fencing that does not satisfy the definition of "low-voltage electric fence," as defined by Section 553.793, Florida Statutes, as amended, is prohibited within the applicable zoning categories within the Zoning Code.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.