Broward County Commission Regular Meeting
Director's Name: Annika Ashton
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 CODE ENFORCEMENT AND AIR QUALITY REGULATIONS; AMENDING SECTION 27-38 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) PERTAINING TO CITATIONS; AMENDING VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE RELATED TO AIR QUALITY; REPEALING SECTION 27-178 OF THE CODE RELATED TO POLLUTION PREVENTION PLANNING; CREATING SECTION 27-181 OF THE CODE RELATED TO AIR SAMPLING; 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 (“Commission”) at its meeting of October 20, 2026.
What Action Accomplishes
Allows for the Commission’s consideration of the proposed Ordinance amending the Broward County Code of Ordinances (“Code”).
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The County’s Air Quality Program is administered pursuant to a delegation agreement with the Florida Department of Environmental Protection (“FDEP”). The proposed Ordinance updates various provisions of the County’s Air Quality regulations to provide greater consistency with applicable state and federal requirements and to improve administration of the Air Quality Program. Among other changes, the proposed Ordinance updates provisions relating to air quality licensing and permitting, licensing exemptions, objectionable odors, unconfined emissions of particulate matter, and asbestos demolition and renovation requirements, and repeals the existing pollution prevention planning requirements in Section 27-178 of the Code. FDEP reviewed and approved the proposed Air Quality amendments, including the proposed citation provisions applicable to the Air Quality Program.
As part of these amendments, the proposed Ordinance expands the County’s existing citation process to include certain violations arising under the Air Quality Program and certain lower-dollar tree abuse violations. Establishing a citation process for these violations will promote more efficient enforcement by allowing appropriate matters to be addressed through citations rather than the more resource-intensive Notice of Violation (“NOV”) process, thereby reducing staff and attorney time associated with enforcement of these matters. The proposed Ordinance also makes related revisions to the citation procedures and civil penalty schedule to promote efficiency in environmental enforcement cases.
The proposed Ordinance also creates Section 27-181 of the Code, which authorizes the Broward County Public Works and Environmental Services Department (“PWESD”) to require air sampling under specified circumstances involving asbestos-containing material or suspected releases of airborne asbestos fibers. The new section establishes requirements for conducting and submitting air sampling results and authorizes PWESD to require additional corrective actions or sampling when necessary to demonstrate compliance.
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.