Legislation Details

File #: 24-1166   
In control: PUBLIC HEARING
Agenda Date: 9/5/2024 Final action: 9/5/2024
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, 2. Exhibit 2 - Business Impact Estimate
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)

 

body

Why Action is Necessary

Board action is necessary to enact an Ordinance required to remain compliant with state law.

 

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

In 2024, the Florida Legislature enacted House Bill 601 ("HB 601"), which imposes new limits on civilian oversight of law enforcement agencies or police misconduct. In June, the County Attorney’s Office ("CAO") recommended that the County Commission ("Commission") consider amending or repealing its Police and Criminal Justice Review Board ("Review Board") Ordinance, Section 18-7 of the Broward County Code of Ordinances, to avoid any conflict with HB 601. Review Board members asked the Commission for time to review the Ordinance with the intent of proposing possible changes.

 

At its June 18, 2024, meeting, the Commission suspended the Review Board until September 16 (other than meeting solely to discuss recommendations for future amendments), with the expectation that any substantive amendment that could be developed could be considered by the Commission after summer recess.

 

Since then, the CAO met with interested Review Board members to discuss their suggestions for appropriate amendments. The Review Board convened on July 23, which was the first available date for its members. A majority of members present agreed that it would be difficult to retain a meaningful purpose for the Review Board while complying with HB 601. The Review Board was scheduled to meet again on August 13 to finalize the wording of its position and to provide the Commission with additional policy recommendations, but the meeting became a workshop due to the lack of a quorum.

 

Because, due to the above-referenced circumstances, no substantive amendment has been developed for the Board’s consideration, the CAO has prepared the attached proposed Ordinance repealing the Review Board.

 

The CAO has coordinated with the County Administrator to ensure that notice of this proposed Ordinance was published ten days prior to this public hearing so that the Board can consider immediate enactment of the proposed Ordinance.

 

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.