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 REQUIREMENTS FOR FLOATING VESSEL PLATFORMS AND FLOATING BOAT LIFTS; AMENDING SECTIONS 27-332 AND 27-336 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Lamar P. Fisher)
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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 March 10, 2020.
What Action Accomplishes
Allows the Board to consider enacting an Ordinance pertaining to requirements for floating vessel platforms.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
This Ordinance amends Sections 27-332 and 27-336 of the Broward County Code of Ordinances ("Code") to specifically define and provide for licensing of floating vessel platforms and floating boat lifts (collectively, "FVPs").
Section 403.813(1)(s), Florida Statutes, establishes an exemption from state permitting for the construction, installation, operation, or maintenance of noncommercial FVPs meeting certain criteria, including size and minimization of environmental impacts. It also requires the Florida Department of Environmental Protection ("FDEP") to establish a general permit for FVPs that do not qualify for the exemption and that do not cause significant adverse impacts to occur individually or cumulatively. That section also allows local governments to require one-time licensing of the construction, installation, operation, or maintenance of FVPs, as long as such regulations are no more stringent than the criteria established for the state permitting exception or the FDEP general permit.
After consultation with FVP manufacturer representatives, this Ordinance defines FVPs separately from other types of docks and creates two (2) general licenses: a general license consistent with the state exception criteria; and a general license referencing the FDEP general permit. It also provides that applicants obtain a license as otherwise required by the Code for FVPs not meeting the criteria for either of the new FVP general licenses.
Source of Additional Information
Michael C. Owens, Senior Assistant 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.