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 QUASI-JUDICIAL PROCEEDINGS; AMENDING SECTIONS 1-326 AND 1-328 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR DEFINITIONS AND STANDING TO REMOVE ITEMS FROM THE QUASI-JUDICIAL CONSENT AGENDA; 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 January 26, 2021.
What Action Accomplishes
Amends the Code regarding quasi-judicial proceedings to provide for standing to remove items from the quasi-judicial consent agenda.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Article XVII of Chapter 1 of the Code establishes the procedures for conducting quasi-judicial proceedings before the Board. Section 1-328 provides that the applicant, a County Commissioner, or any member of the public may ask that an item be removed from the quasi-judicial consent agenda and placed on the regular agenda so that a full quasi-judicial proceeding may be held.
Florida courts have held that, in order to have standing to challenge a development order, a person must demonstrate special damages peculiar to that person that differ in kind, as distinguished from damages that differ in degree, from those suffered by the community as a whole. The proposed Ordinance incorporates the foregoing definition of standing and requires that a member of the public have standing in order to remove an item from the quasi-judicial consent agenda. Thus, the proposed Ordinance would codify the Board's current practice.
The proposed Ordinance also amends terminology and makes some nonsubstantive changes, consistent with the recent update to the Land Development 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.