Showing posts with label Broward County Legislative Delegation. Show all posts
Showing posts with label Broward County Legislative Delegation. Show all posts

Saturday, October 8, 2011

More bad reporting on education at Miami Herald -Tell you about meetings the morning of them rather than in advance so you can attend; Supt. Runcie

Above and below, July 13, 2010 photos by South Beach Hoosier, looking south at the Broward County Schools HQ, 600 S.E. Third Avenue, Ft. Lauderdale, Florida.


More bad reporting on education at Miami Herald -We'll tell you about meetings the morning of them rather than in advance so you can attend them ...

We'll tell you about govt. meetings the morning of them rather than in advance, like on Sunday, so you know in advance and can maybe plan to attend.
The same reason we run our "Week Ahead" calendar on Monday instead of Sunday like most normal newspapers would do.
And if Broward School Board members engage in questionable personal behavior, we'll tell you about it MONTHS after-the-fact.
That is, if we do at all.

Love,
The Herald

They did the same thing for the Broward Courthouse Task Force meetings, only quoting -parroting- judges and selected courthouse workers and never interviewing anyone in depth who was knowledgeable and AGAINST the construction of a new County Courthouse, despite the fact that a clear majority of the county's taxpayers were/are against it.

Not that you'd ever have known it from what the Herald wrote at the time.
They could never find the opposing P.O.V. because they never honestly looked.

Was Thursday's story in the Herald by Laura Figueroa,
http://www.miamiherald.com/2011/10/06/2441742/broward-school-district-hosts.html, a preview of the Herald's sleepwalking plans for covering new Supt. Robert Runcie?
(*Friday night postscript: Actually, the Herald has changed the story that used this URL on Thursday afternoon, wherein Figueroa talked about the meeting being held that night, and then used the same exact URL on Friday on that meeting. I checked the Herald's archives and they completely deleted the original story I complained about in an email I sent to about 6-7 dozen people around South Florida. Surprise!)
If so, Runcie would be better off telling the Herald not to even bother sending anyone to meetings -not that they always were, just like the Broward County Ethics meetings they rarely attended- and that henceforth, he'll call their bluff, and make arrangements for his public comments to be videotaped and placed on the school's website or a new YouTube page within 24 hours for the public to see for themselves.
If only...

Oh, and in case you forgot, in the year 2011, the Herald STILL doesn't have an Education blog, either!

Predictably, NOT mentioned in Thursday's Herald story -why wasn't this meeting with Runcie being televised on taxpayer-owned BECON, which is on both satellite and cable systems in Broward County?
Is it the same reason that the three-headed Integrity meetings -none of whose meetings were ever held south of Downtown FTL- were also NOT aired on BECON?
Plain old-fashioned incompetency!

See my January 10, 2001 post on the topic of the complete under-utilization of BECON to communicate with shareholders, Monday night's public meeting of Notter's Three Amigos -Bring hand warmers! Where are BECON's TV cameras?

Supt. Runcie needs to take the initiative ASAP and make an example out of some highly-paid people in the school system, who can't even conceive of the simple idea of putting that meeting on TV and having an email address that questions could be sent to from Broward parents and taxpayers, and give them their unconditional release.

The only forum being held in south Broward will be on October 20th at McArthur High School, 6501 Hollywood Blvd. from 7-9 p.m.
Here's the website: http://www.broward.k12.fl.us/pctf/


As for Monday, on the Broward Schools website...

newsBCPS to Host Broward Legislative Delegation Public Hearing
Broward County Public Schools will host a Broward Legislative Delegation public hearing to receive testimony concerning issues related to education and cultural affairs on Monday, October 10, 2011 from 4 to 7 p.m. at Collins Elementary School, 1050 NW 2nd Street, Dania.


My previous posts on the James Notter-appointed Integrity Committee:

Nov 04, 2010
Oh yeah, and be sure to ask Integrity member Bob Butterworth what he thinks -on camera, too- about the very idea of the present School Board members voting on this before the new members are sworn-in. Yet another nail in Broward Schools ...

Jul 15, 2010
Rather ominously for concerned Broward citizens and taxpayers who hoped for more diligence and speed on their part, panel member Bob Butterworth said "he is confident Broward School Board members "want to do right" and will take the ...

Feb 17, 2010
The three members of the independent commission – Fort Lauderdale Mayor Jack Seiler, attorney W. George Allen, and former Florida Attorney General Bob Butterworth — are donating their time. But the school district agreed to pay for ...

Feb 07, 2010
previously that the January 10th Butterworth & Company public meeting could've been and should've been televised on the Broward School Board's own cable channel, BECON-TV, using the very TV cameras that Broward taxpayers have ...

Jan 11, 2010
To serve on the commission, Superintendent Jim Notter chose former Florida Attorney General Bob Butterworth; Fort Lauderdale Mayor Jack Seiler, a former state legislator; and attorney W. George Allen, who filed the lawsuit that forced ...

Dec 01, 2009
Does PR guru Bob Butterworth know about this meeting in secret? And when, specifically, is he going to meet with Broward parents and taxpayers in public and answer their questions? Just wondering. Or is that too much to ask? ...

Nov 27, 2009
1st Sun-Sentinel column about FP&L and Notter both turning to Bob Butterworth to lend some assistance, In Sticky Situations, Just Add Mr. Butterworth http://www.sun-sentinel.com/sfl-butterworth-mayocol-b103009,0,2880202.column ...

Saturday, May 7, 2011

Time to end 'free ride' for the Broward Legislative Delegation on Broward taxpayers' back; they should pay ALL costs of an office few citizens know of

Below is a copy of an email that I sent Friday afternoon to Broward County Administrator Bertha Henry about a longstanding problem that I first noticed many months ago.

I also cc'd Broward County Commissioners Sue Gunzburger -who represent my part
of SE Broward on the Comm.
- Barbara Sharief, Chip LaMarca and Florida State Senator Ellyn Bogdanoff of Fort Lauderdale, who in 2010, as a House member, was the Broward delegation's head, and who was a leader in the fight for stricter and more meaningful ethics legislation, as I have noted many times here previously.

Theoretically, I could have sent her the email at any point within the past four months and been just as correct as I was yesterday.
But a recent confluence of events: catching up on some noteworthy news articles I'd once seen and set aside to read again some day, plus, perhaps, some plain common sense kicking-in, had caused me to re-examine some public policy principles and look at them in a new light.

One of them concerned govt. officials who believe that it's perfectly reasonable for individuals who use certain govt. services not generally used by everyone else to pay their fair share.
Shouldn't that principle extend to the elected officials themselves?

Here. my logical conclusion is that if a service being provided by govt. is not available to other parties, it's only fair for elected officials who use it to pay for the true costs of the service themselves in proportion to some agreed-upon standard.

And yes, in case you were wondering, this is precisely the very problem that I alluded to earlier in the week in my post about the Florida House voting to repeal the red-light camera legislation they only approved just last year, and the nearly-invisible support for Broward County taxpayers by the Broward legislative delegation



May 6th, 2011

Dear Ms. Henry:

Problems continue to exist on the website of the taxpayer-supported
Broward Legislative Delegation Office.
http://www.broward.org/legislative/Pages/Default.aspx

To cite but the two most obvious ones, the pdf map used to show the
individual House and Senate districts have the names of some FORMER
members listed, NOT the current ones, for instance, Ellyn Bogdanoff,
David Rivera and Jeff Atwater are still listed.

http://www.broward.org/Legislative/Documents/housedist.pdf

http://www.broward.org/Legislative/Documents/senatedist.pdf

Is it really too much to ask that it actually be current, accurate and
meaningful for Broward taxpayers?
I mean seriously, today is, supposedly, the last day of the 2011 session.
Shouldn't the info have been accurate BEFORE the session ever started?
It's worse than embarrassing.

Given the current state of the public purse in Broward County, perhaps
there needs to be a change instituted, wherein that particular office
is paid for DIRECTLY out of the individual legislative member's office
accounts, rather than through the wallets and purses of Broward
taxpayers.

My experience the past few years is that despite what it may say on
the website, the office seems to exist almost exclusively for the
professional benefit of the individual legislative members and NOT
the Broward public it's supposed to represent and benefit.

In what TANGIBLE ways do the people of Broward actually benefit?
Instead, it seems like an abstract, unfunded mandate from Tallahassee.

I make my suggestion for the most obvious reason: if the individual
legislative delegation members were forced to pay for it themselves,
they'd have more incentive to actually make sure that it was accurate,
timely, professional and actually worthwhile to the public, but because
it isn't, it's exactly what it looks like right now -completely useless.
In this case, a self-evident useless mess that costs money.

I defy you to find any current relevant information on the site
at all.
In fact, I'd be very interested in knowing exactly when the last
two additions to the site were actually even made.
From the looks of things, my own guess is that it'd be sometime
between Thanksgiving and Christmas.

I look forward to your response, Ms. Henry.

--
Despite it being a Friday, to her great credit,
Ms. Henry quickly responded and wrote the following:

I have forwarded your email regarding the Legislative Delegation Office to its executive director, Sandy Harris. As to not having the information on the County’s website up to date, the appropriate staff will contact Ms. Harris to get corrected information.

We apologize for the inconvenience.

-------
I'll post whatever response I get, obviously, but the larger issue is NOT the incorrect names that are on the map but whether it's at all appropriate for Broward County taxpayers to be paying for a service that ONLY benefits state legislators.
I do not believe it is.

I don't want to do away with Ms. Harris' job, rather I simply want Broward legislators to pay ALL the costs associated with the office they currently have provided for their use, which includes her salary and benefits, whatever that happens to be.

An office that probably ought to be physically located elsewhere, don't you think, so that space in the Broward County Govt. HQ can actually be used for something that actually BENEFITS the Broward residents who own it?
Yes, the days of providing free or reduced office space should be over.


Under this new financial scenario, that will likely mean that some of the Broward legislators will have to make some hard choices about how they use their office accounts, and may well have to do without something they previously used.

So be it.

Join the crowd.

So as to this new "user fee," d
ivide all the costs associated with that office -personnel, rent, equipment, office supplies, et al- by the number of people living in Broward based on the 2010 U.S. census.
Having now arrived at the cost to each citizen, multiply that number, X, by the number of Broward residents in that legislator's particular district, Y, and you arrives at the amount that legislator must pay, Z.


If they collectively want to spend more or less, fine, but as they're already using taxpayer funds in the first place, now, they'll have to take full financial responsibility for what level of service they want, and they will feel and bear the true cost directly.
No more using the Broward County taxpayer as the 24/7 ATM that's always loaded with cash.

Very simple.
As easy as X,Y, Z.

Friday, March 12, 2010

Errant driver's crash highlights Broward's embarrassing neglect of property; give that driver an award!

My comments follow the article.
South Florida Sun-Sentinel


http://www.sun-sentinel.com/news/broward/fort-lauderdale/fl-broward-government-building-hole-20100312,0,6587586.story

Driver runs red light, puts big hole in Broward government building, police say

By Alexia Campbell and Scott Wyman, Sun Sentinel

March 12, 2010

FORT LAUDERDALE

A vehicle hit Broward County's personnel building early Friday and left a huge hole in a wall, forcing government workers to relocate.

The accident at Andrews Avenue and Broward Boulevard happened at 1:53 a.m., said city Fire Rescue spokesman Matt Little.

A woman ran a red light on Andrews, lost control of her vehicle and hit the wall, said police spokesman Sgt. Frank Sousa.

The woman was treated by Fort Lauderdale firefighters and then taken to Broward General Medical Center, Little said. Her injuries did not appear to be life-threatening, Little said.

No one was in the building at the time, said county spokeswoman Judy Sarver.

Officials determined the building is unsafe until repairs can be made.

The county will have to temporarily relocate its job application processing services, which were handled in the building, Sarver said. People seeking county jobs should go to Broward's government website — http://www.broward.org — to apply online.

Sarver said the damage was still being assessed Friday and county officials were not sure when the building would reopen.

Reader comments at:
http://discussions.sun-sentinel.com/20/soflanews/fl-broward-government-building-hole-20100312/10

----------

Unfortunately for Broward taxpayers, the errant
car didn't
crash into the hideously dirty East side
of the Broward
County Personnel Building facing
Andrews Avenue,
which has been an absolute
abomination for at least three years
-to
the eternal
shame and discredit of County Administrator
Bertha Henry and the entire Broward County
Commission.

I've been taking photos of it for that long, every time
I go to the Broward Govt. HQ at
115 S. Andrews Ave.,
Fort Lauderdale, for Charter Review, Ethics, Planning
Council and County Commission meetings.


It's almost like Broward County is channeling the
management geniuses at Hallandale Beach City Hall!
And by geniuses, of course, I mean the motley crew
of incompetents who make our city a laughingstock.

January 26, 2010 photo by South Beach Hoosier


Same building a month later.
February 25, 2010 photo by South Beach Hoosier


January 26, 2010 photo by South Beach Hoosier

Above, the Broward Legislative Delegation meeting
of January 26th, 2010 at the Broward College HQ
on East Las Olas Blvd., Fort Lauderdale, which
met to discuss a bill creating an Inspector General
to be an ethical bloodhound tracking Broward's
many miscreant pols.
http://www.broward.org/legislative/

That's Miami Herald reporter Amy Sherman
on the far left wearing the red top and blue jeans.

Recognize anyone else, public policy sleuths?
Well, there's state Sen. Chris Smith, state Rep.
Ellyn Bogdanoff, the Delegation Chair, and
Broward Coalition president Charlotte Greenbarg
and...


January 26, 2010 photo by South Beach Hoosier

Looking north from the SW corner of Andrews Avenue
and Broward Blvd. Fort lauderdale.
You can see where people have written and drawn
things on the dirt-caked wall.

Oh, and there's also a caved-in metal utility cover
directly in front of that building on the corner,
next to that pole, that will absolutely break your
ankle if you're not looking.
You're lucky if you get off just being tripped.
That's been there for at least two years.


February 25, 2010 photo by South Beach Hoosier

It's like the County, with all the resources taxpayers
have given it, STILL can't quite figure out some way
of getting a pressure-washer there to completely zap
that while building and work its way south to the
Broward Govt. HQ, since the whole sidewalk smells
like an ashtray -with a urine chaser!

What a great welcome for visitors and Broward
taxpayers alike to the official home of Broward
County!

January 26, 2010 photo by South Beach Hoosier

That area is also where buses deposit the homeless,
with predictable results.



See: Broward Politics Hanging in Stranahan Park
http://www.youtube.com/user/BrowardPolitics#p/u/4/NQCEokl23Hg



and Broward Politics: Billy the panhandler, age 48
http://www.youtube.com/user/BrowardPolitics#p/u/5/rkA-TE_aT-M



On my way to the Broward Planning Council's
meeting re the Diplomat LAC last month, I swung-by
the McDonald's a block away to grab some McMuffins.
On the way back, I snapped this shot of someone, below,
sleeping on the sidewalk of Broward Blvd. at 8:55 a.m.
Two blocks from Fort Lauderdale City Hall.

February 25, 2010 photo by South Beach Hoosier

Looking east on Broward Blvd. & Andrews Avenue.,
just north and across the street from the Broward County
Personnel Bldg.

Though I'm not posting photos of it, that whole area is
positively crawling with trash and debris everywhere,
two blocks from Fort Lauderdale City Hall.

That area is a real dump and yet the city and the
county just seem to ignore it, like it'll all just wash
away with the next downpour. Not much of a plan!

I sure didn't see any Super Bowl 44 flags over
there in late January like over on East Las Olas Blvd.,
near the Sun-Sentinel HQ, where it was a bit over-
the-top.


January 26, 2010 photo by South Beach Hoosier

Looking south on Andrews Avenue & East Las Olas Blvd.,
Fort Lauderdale.



January 26, 2010 photo by South Beach Hoosier
Super Bowl 44 sign, looking east on East Las Olas Blvd.
& Fort Lauderdale.


January 26, 2010 photo by South Beach Hoosier
Super Bowl 44 sign, East Las Olas Blvd., Fort Lauderdale.


January 26, 2010 photo by South Beach Hoosier

The dirty and dumpy sign in front of the Broward
Govt. HQ at
115 S. Andrews Avenue, Fort Lauderdale.
In the morning, this immediate area smells like an
ash tray in an old abandoned car that's had its
windows rolled-up for years.

Minutes of Broward County Ethics Commission:
http://www.broward.org/EthicsCommission/Pages/MeetingSchedule.aspx

For more video, see:
http://www.youtube.com/user/BrowardPolitics


http://www.broward.org/planningcouncil/

Thursday, March 4, 2010

Perennial defender of the unethical and the slipshod: Joe Gibbons. Call him a serial apologist and be done with it!

My pithy comments about my embarrassing
State Representative,
Joe Gibbons, follow the article.

St. Petersburg Times

http://www.tampabay.com/news/business/energy/psc-ethics-reforms-sail-through-senate-bog-down-in-house/1077245#
Ethics bill for PSC stalls in House
By Mary Ellen Klas and Steve Bousquet,
Herald/Times Tallahassee Bureau

TALLAHASSEE — A bill aimed at tightening the ethics rules at the Public Service Commission flew through the Florida Senate Wednesday and then became snagged by a House committee, which raised red flags about some parts of the measure.

With no debate, the Senate passed the bill aimed at ending improper communications between commissioners or senior staff members and the utilities the agency regulates.

The vote was 39-1 with Sen. Gary Siplin, D-Orlando, the lone no vote.

Senate President Jeff Atwater applauded the measure's sponsor, Sen. Mike Fasano, R-New Port Richey, for championing the issue. The Senate made the issue a top priority by approving the bill on the second day of session.

The bill would ban private conversations between commissioners or their staff aides and anyone with a pending rate case. Last year, PSC staff members and commissioners communicated through text and BlackBerry messages with Florida Power & Light representatives as they were awaiting PSC rulings on several issues. A PSC lobbyist also attended a Kentucky Derby party last May hosted by a Florida Power & Light executive.

Fasano called the episodes "egregious violations of the public trust."

The measure doesn't prohibit all communication between commissioners and staffers with utility officials. Instead, it requires that any conversations that take place must be written down and posted within 72 hours.

The bill also requires commissioners to apply the same ethical standards as judges when ruling on a rate case, and it would ban senior staffers and commissioners from leaving the agency and going to work for a utility company within four years.

Minutes after the Senate vote, the House Energy and Utilities Policy Committee debated but did not vote on the companion bill by Rep. John Legg, R-New Port Richey, as well as two other PSC-related bills.

Several House Democrats led the opposition to the four-year employment ban in Legg's bill. The ban would not affect current PSC members or staffers but would apply only to anyone hired after July 1.

"We're going to run people out of the industry or run people out of state," said Rep. Joe Gibbons, D-Hallandale Beach. "By making it four years, we make the industry less attractive."

Legg argued that when commissioners or key staff members cross over and work for utilities they once regulated, it smacks of "consumer exploitation."

Another PSC-related bill by Rep. Tom Anderson, R-Dunedin, would ask voters to approve a constitutional amendment to make commission seats elected positions rather than appointed. State law now requires a nominating council to recommend candidates to the governor, who selects from that list to choose appointees to the five-member commission.

The measure would also ban candidates from accepting campaign contributions from regulated utilities. Florida had an elected PSC until the 1970s.

Also Wednesday, the rate case was back in the news as the First District Court of Appeal in Tallahassee overruled the PSC's order to force FPL and Progress Energy of St. Petersburg to disclose employee salary and benefits packages as part of their rate case requests. FPL's rate case ended with the company getting $75 million of the $1.3 billion it requested. Progress got none of its $500 million increase.


See also, Sansom wants Rep. Joe Gibbons off panel, from
The Buzz politics blog of Feb. 15, 2010
http://blogs.tampabay.com/buzz/2010/02/sansom-wants-rep-joe-gibbons-off-panel.html


Way to bring attention to yourself,
Gibbons!
Another sad and pathetic example of the Hallandale Beach ethical taint,

writ large
, as yet another Akerman Senterfitt consultant shows his
version
of thinking 'big picture' -creating jobs for pals, cronies and
prospective clients
.

For me, this recalls so many exasperating Hallandale Beach City
Commission
meetings I've attended in the past where, rather than
do what was right,
Gibbons continually tried everyone's patience
and credulity by trying to
simultaneously appear both publicly
above-the-fray, yet also a savvy insider
and wheeler-dealer,
the latter role of which he was eminently laughable in.


(Not unlike present-day HB Commissioner
Anthony A. Sanders'
recent attempts to
appear savvy and demanding with the Westin
Diplomat Resort & Spa
over their preposterous LAC proposal
rubber-stamped and wink-winked by the HB City Commission.
)

In
Gibbons' particular case, his two-faced strategy was never more
obvious
or absurd than in his long-winded attempts at HB City
Commission meetings
to gain concessions or some small handfuls
of sugar from
Magna Entertainment's Gulfstream Park
Race Track & Casino
.

Instead, all
Gibbons accomplished was looking like a two-faced
pol who
argues not over matters of principle, but rather over price
-
Where's something for me and mine?

Honestly, why do ethical issues continue to be such a serial problem
for my
State Representative, Joe Gibbons?

Per my blog post here on Saturday, February 27th,
Missing voices in Broward County's ethics debate are ignored
by South Florida news media. It's our old media friend:
Mr. Lack of Curiosity!

http://hallandalebeachblog.blogspot.com/2010/02/missing-voices-in-broward-countys.html

discussing last month's very important Broward Legislative Delegation
meeting at the downtown Fort Lauderdale campus of FAU/BCC
on Las Olas
to discuss State Rep. Ellyn Bogdanoff's common sense
ethics proposal
for an IG for Broward County, Gibbons, just like
State Sen.
Chris Smith and State Rep. Perry Thurston III,
were no
Profiles in Courage, though Gibbons at least voted for it
in the end, unlike the other two, though doing
himself no favors with
his comments or attitude.


Plus,
Gibbons has always been perceived as an apologist for
Hallandale
Beach mayor Joy Cooper and city manager
Mike Good
serial incompetence and has consistently looked
the other way
when unethical and anti-democratic things
happened either right in front of him, or in his district,
as continues to this
very day.

Seriously, when was the last time
Gibbons publicly spoke-out
against what
everyone paying serious attention knows has been
taking place at Hallandale
Beach City Hall for years?

The answer is that
Joe Gibbons NEVER has.
http://www.myfloridahouse.gov/sections/representatives/details.aspx?MemberId=4400&SessionId=64


Whether coming or going, as a Hallandale Beach City Commissioner
or State Representative,
Joe Gibbons has never ever been a
Profile in Courage.

He is imminently replaceable in the State Legislature, even if he doesn't
quite
have the good sense to realize it.
Fine -all the better.


If
a candidate with integrity and smarts ran directly at Joe Gibbons
and his dismal track record, I'd vote for them in a heart-beat and
so would most of the well-informed people I know and respect in
Southeast Broward County.
Just saying...

Wednesday, January 27, 2010

Still no Sunshine in Hallandale Beach -No public notice ad in Herald for today's HB City Commission meetings -just like the last two!

Above, Hallandale Beach City Hall looking north from
U.S.-1/Federal Highway & S.E. 5th Street.
January 22, 2010 photo by South Beach Hoosier.

So as if the besieged citizens of Hallandale Beach needed
another reason to support an independent Inspector
General
with teeth that can investigate corrupt and
incompetent City Halls like Hallandale Beach's,
which
continually and intentionally ignore the state's
own
Sunshine Laws, over-and-over, year-after-year,
with no fear of anything EVER happening to the people
in charge -despite all the recent talk and media coverage
of ethics in Broward County, today brings news that
there's still no sunshine at Hallandale Beach City Hall.

Just minutes before it's scheduled to begin, there's
been no public notice ad placed in the Herald for
today's two HB City Commission meetings -just like
the two before it.

I've got a copy of the pertinent Florida Statute below.
I believe this is the third Hallandale Beach City
Commission meeting in a row, all this month,
where the city hasn't properly placed an ad in
the Herald as required.

You have to follow the law.
I have to follow the law.
Hallandale Beach City Hall, apparently, not so much.
It's not so much a law as something on a fortnightly
Things to Do list.

They keep forgetting that they can't just make
things up and ad lib as they go along, which they'd
clearly prefer to do.

The proof is in the pudding, below, on the Herald's
online site for their City and Public Notices:
http://newspaperads.miami.com/ROP/Subcat.aspx?cat=3328&subcat=3349

Using "Hallandale Beach" as search term

Search Results for the keyword "Hallandale Beach"

http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale+Beach&submit.x=12&submit.y=6

Using "Hallandale" as search term:

Search Results for the keyword "Hallandale"


http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale&submit.x=0&submit.y=0
------

My emphasis below in bold red.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0166/Sec041.HTM

The 2009 Florida Statutes


Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES


166.041 Procedures for adoption of ordinances and resolutions.--

(1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:

(a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law.

(b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.

(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.

1(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) .

A public hearing on the ordinance will be held on (date and time) at (meeting place) .


Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

(4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein.

(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.

(6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law.

(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163.

(8) The notice procedures required by this section are established as minimum notice procedures.

History.--s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95-198; s. 5, ch. 95-310.

1Note.--As amended by s. 5, ch. 95-310. This version is published as the last expression of legislative will (see Journal of the Senate 1995, p. 1061, and Journal of the House of Representatives 1995, p. 1129). Paragraph (3)(c) was also amended by s. 2, ch. 95-198, and that version reads:

(c) Ordinances initiated by the governing body or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to the following procedure:

1. In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the municipality, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct one or both of these hearings at another time of day. The first public hearing shall be held approximately 7 days after the day that the first advertisement is published. The second hearing shall be held approximately 2 weeks after the first hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

b. The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in the following form:

NOTICE OF ZONING (PERMITTED USE) CHANGE

The (name of local governmental unit) proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.

A public hearing on the rezoning will be held on (date and time) at (meeting place) .


The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance.
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As you all know from my previous emails and blog
posts, I was at Tuesday's meeting in Ft. Lauderdale
of the Broward Legislative Delegation meeting,
one of whose two agenda items for the afternoon
was the creation and scope of an independent
Inspector General.

Later tonight, I'll be posting to my blog my thoughts
and observations on that meeting, along with some
photos and maybe even some video.

But that will come after possibly attending one of the
two meetings today, the first of which is at 11 a.m.,
in Room 257, titled immodestly, "Consideration
of the City's Legislative Action Plan
."

Want to bet that rather than a small practical and
achievable list of issues that can actually happen
this year and get out of House and Senate committees,
it's yet another absurd, not-so-achievable Mike Good/
Joy Cooper
wish list given to Ron Book,
albeit this year, without a pony being on it?

The public comments part of the second meeting is
at 7 p.m.

The early over-and-under on the number of times
today that Mayor Joy Cooper un-necessarily
brings up her recent trip to the White House is
three.
In fact, she may hit three within the first five minutes,
just like last January after the Inauguration.

Too bad that, as usual, there won't be any reporters
there to record the mayor's malaprops and non sequiturs
about 1600 Pennsylvania Avenue for posterity.