Broward County Commission Regular Meeting


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AI-27863 34.       
Meeting Date: 11/13/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-494 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, December 4, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO GAS PRICE SIGNS; AMENDING SECTIONS 20-9 AND 8½-16 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") REGARDING SIGNAGE REQUIREMENTS FOR GASOLINE PRICING AND THE SCHEDULE OF CIVIL PENALTIES FOR VIOLATIONS, RESPECTIVELY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

ACTION:  (T-10:28 AM)  Approved. 

VOTE: 8-0. 
 
(Sponsored by the Board of County Commissioners)
Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of March 20, 2018.
What Action Accomplishes
Amends the Broward County Code of Ordinances ("Code") to ensure compliance with Section 570.07(16), Florida Statutes, relating to the adoption of standards and fines for liquid fuels.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
Section 570.07(16), Florida Statutes, preempts to the Department of Agriculture and Consumer Services ("Department") the exclusive authority to regulate the sale of liquid fuels and to adopt standards and fines relating to the sale of liquid fuels. Any local government enforcing regulations relating to the sale of liquid fuels must use the standards and fines set forth in the pertinent statutes or any rules adopted by the Department. Currently, the County, through Section 20-9 of the Code, regulates signs indicating the price of gasoline, and Section 8½-16 of the Code prescribes the civil penalties for violation of Section 20-9.
 
The proposed Ordinance amends Sections 20-9 and 8½-16 to ensure they comply with the preemption and with Section 570.07(16), Florida Statutes.
Source of Additional Information
Annika E. Ashton, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 3.
Attachments
Exhibit 1 - Copy of Resolution to Publish Notice of Public Hearing
Exhibit 2 - Copy of Proposed Ordinance
Exhibit 3 - Copy of Fiscal Impact Statement


    

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