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 LOW-VOLTAGE ELECTRIC FENCES; AMENDING VARIOUS SECTIONS OF CHAPTER 39 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 April 16, 2024.
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
Chapter 39 of the Broward County Code of Ordinances ("Zoning Code") currently contains several provisions prohibiting electrified fencing across a number of different zoning categories.
During the 2024 Session, the Florida Legislature passed House Bill 535 ("HB 535") which, among other things, prohibits local governments from adopting or maintaining ordinances or rules that provide additional requirements for low-voltage alarm system projects that are inconsistent with Section 553.793, Florida Statutes. HB 535 further provides that "[a] low voltage electric fence is allowed in any area unless the area is zoned exclusively for single-family or multifamily residential use. An area is not considered to be zoned exclusively for single-family or multifamily residential use if the area is within more than one zoning category."
Once signed by the Governor, HB 535 will have an effective date of July 1, 2024.
If this item is approved, the proposed Ordinance will implement HB 535 by specifying that only electric fencing that does not satisfy the definition of "low-voltage electric fence," as defined by Section 553.793, Florida Statutes, as amended, is prohibited within the applicable zoning categories within the Zoning 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.