§ 30-2. Review of certain legislation prior to adoption.  


Latest version.
  • (a)

    Purpose. The board of county commissioners shall consider the short- and long-term public and private costs and benefits of any new, or proposed changes to existing county resolutions, ordinances or administrative regulations that the board determines to have a substantial impact on the development of, and construction on, real property within the county.

    (b)

    Requests for advisory board recommendations, economic impact or justification studies, etc. In considering any such changes, unless the board of county commissioners shall affirmatively determine one (1) of the following:

    (1)

    The proposal will not have a substantial economic impact;

    (2)

    Sufficient information has been provided for the board of county commissioners to assess the economic impact; or

    (3)

    An economic impact study is not practical for the proposed change under consideration;

    with all determinations to be made in the board of county commissioners' sole discretion, then the board of county commissioners shall submit the proposed changes to the advisory board(s) that the board of county commissioners deems appropriate, and the board of county commissioners shall also direct the appropriate county department to conduct an economic impact or justification study, or authorize any person or organization to submit economic impact data or information for the board of county commissioners to consider, to assure that the public and private costs and benefits of any proposed changes are fully weighed. The responsibility for providing the economic data or information shall initially lie with the originator of the proposed change. The board of county commissioners may designate specified periods of time within which such recommendations, studies and other information are to be submitted.

    (c)

    Submission of recommendations of advisory boards, etc. Prior to the adoption of any such substantial proposed changes, the board of county commissioners shall either have received all recommendations and other economic impact information that was requested, or the time within which such recommendations and information were to have been submitted shall have expired. This subsection shall not apply when the board of county commissioners has previously determined either that sufficient information has been provided, or that an economic impact study was not practical.

    (d)

    Exceptions to review procedure. This section shall not apply to:

    (1)

    Any resolution, ordinance or administrative regulation enacted pursuant to mandate of federal or state law, including all ordinances and other actions connected with the adoption of the comprehensive policy plan, but specifically excluding those resolutions, ordinances and administrative regulations implementing the plan following its adoption;

    (2)

    The readoption of any standard code, excluding any new amendments to preexisting codes; or

    (3)

    Any emergency measure that is adopted by a four-fifths vote, provided that such measure shall not be effective for periods exceeding ninety (90) days.

(Code 1965, § 1-27; Ord. No. 79-32, §§ 1—4, 12-18-79; Ord. No. 91-29, § 2(Exh. A), 12-10-91)

State law reference

Adoption of land development regulations, F.S. § 163.3194(2).