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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE REPEAL OF OBSOLETE OR OUTDATED PROVISIONS IN CHAPTER 1 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); REPEALING SECTION 1-6 RELATING TO THE PURCHASE OF UNIFORMS FOR CERTAIN BROWARD COUNTY EMPLOYEES, SECTION 1-8 RELATING TO PUBLIC INFORMATION ON THE ENERGY CRISIS, SECTION 1-12 RELATING TO ELECTRONIC ACCESS TO PUBLIC RECORDS, SECTION 1-20 RELATING TO THE EXECUTION OF AGREEMENTS WITH SECOND PARTIES, SECTION 1-21 RELATING TO THE TIME LIMITATION ON BRINGING MATTERS BEFORE THE BOARD OF COUNTY COMMISSIONERS, AND SECTION 1-46 RELATING TO INDEMNIFICATION CLAUSES IN FEDERAL PROJECT CONTRACTS; 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 September 20, 2022.
What Action Accomplishes
Allows for the Board's consideration of the proposed Ordinance.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On August 25, 2022, the Board of County Commissioners (“Board”) directed the Office of the County Attorney to prepare Ordinances to amend or repeal outdated or obsolete provisions of the Broward County Code of Ordinances (“Code”) and present such Ordinances for consideration by the Board. Consistent with this direction, a series of proposed Ordinances will be presented for Board consideration in 2022 and 2023. This proposed Ordinance repeals sections of the Code that are obsolete and no longer consistent with the County’s current practice.
Section 1-6 of the Code declares the budgeting and expenditure of funds to purchase uniforms for certain employees to be a public purpose. Section 1-8, which was enacted in 1974 during the energy crisis, authorizes expenditure and budgeting for the purpose of public information regarding the energy crisis. These provisions are unnecessary and obsolete as the purchase of uniforms is addressed in applicable collective bargaining agreements, and the energy crisis has subsided.
Sections 1-20 and 1-46 authorize the Board to approve agreements that contain indemnification provisions. The law in the State of Florida has substantially changed since these provisions were enacted in the 1970s, and these provisions are no longer required.
Section 1-21 of the Code provides that, except by affirmative vote of four Commissioners, any matter on which the Board has denied a motion to take action may not be brought back before the Board for 12 months. This is inconsistent with current Board policy, as stated in Chapter 18 of the Broward County Administrative Code.
Source of Additional Information
René D. Harrod, Chief 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.