Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested 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 LOCKSMITHS AND LOCKSMITH BUSINESSES; REPEALING THE "BROWARD COUNTY LOCKSMITH ACT," SECTIONS 20-176.130 THROUGH 20-176.144 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); REPEALING SECTION 8½-16(DD) OF THE CODE RELATING TO FINES FOR VIOLATIONS OF THE BROWARD COUNTY LOCKSMITH ACT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
body
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 August 24, 2021.
What Action Accomplishes
Repeals the Broward County Locksmith Act and related sections of the Code addressing fines for violations of the Broward County Locksmith Act.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The Florida Legislature passed, and Governor Ron DeSantis signed, Chapter 2021-214, Laws of Florida, which, among other things, provides that the licensing of occupations is preempted to the state and, with certain exceptions, generally supersedes local government licensing requirements for occupations. This new law, codified as Section 163.211, Florida Statutes, provides that unless expressly permitted by that section or otherwise permitted by general law, local licensing of occupations is not authorized and may not be enforced.
In consultation with the Office of the County Attorney, the Environmental and Consumer Protection Division ceased accepting new license or registration applications for locksmiths or locksmith businesses as of July 1, 2021.
Source of Additional Information
René D. Harrod, Chief Deputy Assistant 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.