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, REPEALING DIVISION 4 OF CHAPTER 1, “PROCUREMENT FROM BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAM,” INCLUDING SECTIONS 1-71 THROUGH 1-73 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 May 20, 2025.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
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Previous Action Taken
Summary Explanation/Background
Sections 1-71 through 1-73 of the Code, enacted in 1992, codify a policy of requiring County contracts be awarded to vendors with a drug-free workplace policy. These provisions are similar to a Florida statutory procurement preference set forth in Section 287.087, Florida Statutes, but provide more detailed, mandatory requirements. The Broward County Procurement Code incorporates these obligations and also restates a separate Florida requirement regarding drug-free workplaces for certain construction contractors as set forth in Section 440.102, Florida Statutes.
The Florida Legislature has recently expanded statutory prohibitions that prohibit certain local procurement requirements, but has not recently updated the statutory procurement preference stated in Section 287.087. To avoid any possible conflict between the County’s procurement requirements and the recently expanded statutory procurement prohibitions, this Ordinance and a related amendment to the Broward County Procurement Code (also scheduled to be considered for public hearing on June 10, 2025) would (a) repeal the Code provisions in their entirety, and (b) incorporate the statutory preference as the County’s applicable procurement policy regarding drug-free workplaces.
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.