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 (continued from October 6, 2020 - Item No. 51):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, CREATING THE “BROWARD COUNTY LOCKSMITH ACT”; CREATING DIVISION 8 OF ARTICLE VII OF CHAPTER 20 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); PROVIDING FOR LICENSING OF LOCKSMITHS AND REGISTRATION OF LOCKSMITH BUSINESSES; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 8½-16 OF THE CODE RELATING TO FINES FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Mark D. Bogen)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing was approved by the Board of County Commissioners on September 10, 2020.
What Action Accomplishes
Permits the Board to consider enactment of an Ordinance regulating locksmiths and locksmith businesses.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
Locksmiths have access to the homes, businesses, and vehicles of residents and visitors of Broward County. Currently, Broward County does not regulate or license locksmiths.
The proposed Ordinance, if enacted, would create a comprehensive regulatory program for locksmiths and locksmith businesses. Locksmiths would be required to obtain a locksmith license and locksmith businesses would be required to register. The regulatory scheme would require background checks for locksmiths (which might result in certain individuals being denied licensure), minimum insurance coverage for locksmith businesses, and the customer’s written approval of the quoted price prior to the locksmith commencing work. The proposed Ordinance also requires the locksmith obtain adequate assurance that the customer has authority over the home, vehicle, or other object at issue prior to commencing work.
This item was continued from the October 6, 2020, public hearing, including to allow the sponsor, Commissioner Bogen, to receive additional input from the locksmith community on the proposed Ordinance.
Prior to the public hearing, Commissioner Bogen proposed a revised Ordinance (Exhibit 3), which is the operative version of the proposed Ordinance for the public hearing. Proposed amendments were submitted by Mayor Holness (Exhibit 4), Vice-Mayor Geller (Exhibit 5), Commissioner Ryan (Exhibit 6), and the County Attorney’s Office (Exhibit 7; this amendment addresses only one technical change). Vice-Mayor Geller’s amendments were modified during Board discussion on October 6, 2020 (as modified, misdemeanor trespass would not be a disqualifying criminal offense). A matrix of the proposed amendments from Commissioners, which shows the only substantive differences between Commissioner Bogen’s proposal (Exhibit 3) and those respective amendments, is attached as Exhibit 8.
Source of Additional Information
René D. Harrod, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 2.