AGENDA ITEM REPORT
TITLE:
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A RESOLUTION OPPOSING ITEM 82 ON THE BROWARD COUNTY COMMISSION AGENDA FOR JUNE 16, 2020, TO PLACE A PROPOSED COUNTY CHARTER AMENDMENT ON THE NOVEMBER 2020 BALLOT THAT WOULD ALLOW THE COUNTY TO SUPERSEDE CITY ZONING AND OTHER REGULATIONS FOR CERTAIN COUNTY PROJECTS LOCATED WITHIN MUNICIPALITIES.
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BACKGROUND:
Under the Florida Constitution and Section 166.021, Florida Statutes, municipalities are given broad home rule powers. Broward County, working with the City and other municipalities in Broward County and throughout the State of Florida, has repeatedly fought to protect local government’s home rule power against intrusions by the State.
DISCUSSION:
On June 16, 2020, the Broward County Commission considered an item, “Agenda Item 82” which would amend Section 11.01 of the County Charter to add a requirement that County ordinances would prevail over conflicting municipal ordinances in certain situations.
Currently Section 11.01 of the County Charter provides that municipal ordinances prevail within municipal boundaries over conflicting County ordinances, except in the areas of minimum environmental standards, land use and ethics. Agenda Item 82 would place a proposed County Charter Amendment on the Ballot in November 2020, which would intrude on municipal home rule power by allowing the County to supersede City Zoning and other permitting, construction and operational regulations for County projects located within the City including “the development of transportation improvements, funded in whole or in part with transportation surtax proceeds, on County-owned or County-leased property,” within the City.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT: N/A