Legislation Details

File #: 24-837   
In control: PUBLIC HEARING
Agenda Date: 6/18/2024 Final action: 6/18/2024
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 THE POLICE AND CRIMINAL JUSTICE REVIEW BOARD; AMENDING SECTION 18-7 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 Repealing the Review Board, 2. Exhibit 2 - Proposed Ordinance Suspending the Review Board, 3. Exhibit 3 - Memorandum from the County Attorney's Office, 4. Additional Material - Information
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting                               

Director's Name:                     Andrew J. Meyers 

Department:                                           County Attorney 

 

Information

Requested 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 THE POLICE AND CRIMINAL JUSTICE REVIEW BOARD; AMENDING SECTION 18-7 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 at its meeting of June 4, 2024.

 

What Action Accomplishes

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

 

Goal Related Icon(s)

☐County Commission

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Previous Action Taken

 

 

Summary Explanation/Background

During the 2024 Session, the Florida Legislature enacted House Bill 601 ("HB 601"), which places new limits on local governments regarding civilian oversight of law enforcement agencies or police misconduct. Certain aspects of the Police and Criminal Justice Review Board ("Review Board") Ordinance could be construed as inconsistent with HB 601. This item presents two options (shown in Exhibits 1 and 2) for the Board’s consideration. The County Attorney will further discuss these (and other potential options) with you during agenda briefings.

 

Exhibit 1 is a proposed Ordinance that would repeal the Review Board Ordinance.

 

Exhibit 2 is a proposed Ordinance that would suspend the operations and functions of the Review Board for a limited period of time (other than meeting solely to discuss recommendations for future amendments) with the expectation that we will further analyze this matter and that a substantive amendment addressing concerns resulting from HB 601 would be developed over the summer and presented (along with the repeal option) for the Board’s consideration after summer recess.

 

A memorandum from the County Attorney's Office explaining the two versions of the proposed Ordinance is attached as Exhibit 3.

 

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.