Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE OFFICIAL LOGO OF BROWARD COUNTY (“BROWARD COUNTY LOGO”); CREATING SECTION 21-1 AND AMENDING SECTION 8½-16 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); ESTABLISHING AUTHORIZED USES AND DEFINING UNLAWFUL PRACTICES RELATING TO THE BROWARD COUNTY LOGO; ESTABLISHING PENALTIES FOR UNAUTHORIZED USE OF THE BROWARD COUNTY LOGO; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of November 14, 2023.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
There is currently no express prohibition in the Broward County Code of Ordinances (“Code”) for misuse of the County’s logo (the “Broward County Logo”). In several recent instances, an entity with no relationship to or affiliation with the County has utilized the Broward County Logo in a manner that misleadingly implies affiliation with or endorsement by the County. The County Attorney’s Office (“CAO”) routinely directs these entities to cease and desist from misuse of the Broward County Logo, but their conduct may not rise to the level of actionable fraud or misrepresentation required for more formal enforcement actions (whether judicial or administrative).
The use of the Broward County Logo in an unauthorized or misleading manner can harm members of the public. The proposed Ordinance would expressly prohibit misuse of the Broward County Logo and would establish various enforcement mechanisms: civil enforcement and fines, whether through Broward County Code Enforcement or through a civil action by the CAO; or criminal enforcement (violation of the Code is a second-degree misdemeanor under state law).
Source of Additional Information
René D. Harrod, Chief 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.