Legislation Details

File #: 26-628   
Status: Agenda Ready
In control: PUBLIC HEARING
Agenda Date: 6/9/2026 Final 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 LAND DEVELOPMENT CODE; AMENDING ARTICLE IX OF CHAPTER 5 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") RELATED TO DEVELOPMENT PERMITS; 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. Additional Material - Information
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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 THE LAND DEVELOPMENT CODE; AMENDING ARTICLE IX OF CHAPTER 5 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) RELATED TO DEVELOPMENT PERMITS; 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 May 26, 2026.

 

What Action Accomplishes

Allows for the Commission’s consideration of the proposed Ordinance.

 

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Previous Action Taken

 

 

Summary Explanation/Background

Chapter 2026-64, Laws of Florida, effective July 1, 2026, amended the requirements for local governments to process development permit applications that have been expressly designated by the local government for administrative review and approval. These amendments include a reduction in time for final action to be taken by the administrative official from 120 days to 45 days; provisions for approval of the application by operation of law if the administrative official fails to act within the 45-day time period and fails to respond within ten days after notice from the applicant; and prohibition of conditions on building permits prior to plat recordation related to construction of required infrastructure, service availability letters, or compliance with environmental requirements.

 

Section 5-180(c) of the Land Development Code delegates to the County Administrator authority to approve certain development permit applications, including agreements amending plat notes without increasing density or intensity; agreements removing Findings of Adequacy; plat note amendment agreements for affordable housing if the development has received a certification of affordability from the Housing and Urban Planning Division or is proposed pursuant to the Live Local Act; certain agreements amending nonvehicular access lines or phasing schedules or maps; and agreements for building permits prior to plat recordation. The proposed Ordinance modifies the administrative approval process to provide for review and final action to be taken within 45 days and modifies the requirements for agreements for building permits prior to plat recordation consistent with recent legislative enactment. The proposed Ordinance also includes the relocation of some provisions within the Land Development Code and other minor housekeeping changes.

 

Source of Additional Information

Maite Azcoitia, Deputy County Attorney, 954-357-7600

 

Fiscal Impact

Fiscal Impact/Cost Summary

Fiscal Impact Statement by the Office of Management and Budget will be distributed as additional material prior to the public hearing.