File #: 25-183   
Status: Agenda Ready
In control: PUBLIC HEARING
Agenda Date: 2/25/2025 Final action:
Title: 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 ATTORNEY'S FEES AND COSTS RECOVERY FOR THOSE SUBJECT TO FALSE AND MALICIOUS ETHICS COMPLAINTS; CREATING SECTION 1-20 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)
Attachments: 1. Exhibit 1 - Proposed Ordinance
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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 ATTORNEY’S FEES AND COSTS RECOVERY FOR THOSE SUBJECT TO FALSE AND MALICIOUS ETHICS COMPLAINTS; CREATING SECTION 1-20 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)

 

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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 (“Board”) at its meeting of February 11, 2025.

 

What Action Accomplishes

Allows for the Board’s consideration of the proposed Ordinance.

 

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Previous Action Taken

 

 

Summary Explanation/Background

At its April 16, 2024, meeting, the Board directed the County Attorney’s Office to draft appropriate ordinances for consideration by the Board to address any recommended Broward County Code of Ordinance changes resulting from the 2024 Session of the Florida Legislature.

 

During the 2024 Session, the Florida Legislature enacted Committee Substitute for Senate Bill 7014, which requires local governments that adopt more stringent ethics standards than the State to adopt a procedure for the recovery of attorney’s fees and costs for malicious and false ethics complaints. The proposed Ordinance complies with the new legal requirement and creates a process for the targets of malicious and false ethics complaints to recover attorney’s fees and costs from the complainant.

 

Source of Additional Information

Joseph K. Jarone, Senior Assistant 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.