Broward County Commission Regular Meeting


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AI-29177 43.       
Meeting Date: 05/21/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO AIRPORT SECURITY AND CIVIL CITATIONS; AMENDING VARIOUS SECTIONS OF CHAPTER 2 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); UPDATING THE SECURITY REGULATIONS AT FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; AMENDING SECTION 8½-16 OF THE CODE TO UPDATE THE CIVIL CITATIONS FOR VIOLATIONS OF THE REGULATIONS PERTAINING TO FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND NORTH PERRY AIRPORT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)

ACTION:  (T-11:44 AM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Commissioner Udine was out of the room during the vote.

ACTION  (T-11:45 AM)  Commissioner Udine requested being shown voting in the affirmative.

VOTE:  9-0. 
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 May 7, 2019.
What Action Accomplishes
Amends the Broward County Code of Ordinances to update the security regulations at Fort Lauderdale-Hollywood International Airport, and to update the civil citations for violations of the regulations pertaining to Fort Lauderdale-Hollywood International Airport and North Perry Airport.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance amends Section 2-2, Definitions, and Section 2-43, Airport Issued Identification Media and Emergency Response Training, of the Broward County Code of Ordinances ("Code"), to distinguish between the Airport Issued Identification Media issued pursuant to Section 2-43(a) of the Code to control access to the restricted areas of Fort Lauderdale-Hollywood International Airport ("FLL") and the Public Area Business Purpose Media issued pursuant to Section 2-43(b) of the Code to enforce the emergency response training required by the Broward County Aviation Department ("BCAD"). The proposed Ordinance also amends Section 2-43 of the Code to provide that FLL personnel are not required to complete the emergency response training required by BCAD if such training was completed by such FLL personnel within the twelve (12) months immediately preceding the application date for a renewal.
 
The proposed Ordinance further amends Section 2-39, Airport security and animal control at Fort Lauderdale-Hollywood International Airport, of the Code to: change the references from "Airport Operations Areas" to "Restricted Areas" to capture all secured areas; clarify that all persons entering a restricted area must comply with the Airport Security Program; require FLL tenants, lessees, permittees, and all others assigned space at FLL to control access into restricted areas from within their assigned space and maintain a lock and key program or other security system; and prevent persons from using their access privileges to enable other persons to access a restricted area (i.e., piggybacking). The proposed Ordinance also clarifies/modifies other security regulations, identifies the suspension procedures, and states that no person shall violate the Airport Security Program, Federal Security Directives, federal, state, and/or local regulations, or any regulations provided in the Code.
 
The proposed Ordinance also amends Section 2-20, Airport operations area, of the Code to prevent persons from leaving foreign objects and debris in the Airport Operations Area ("AOA"), to prohibit baggage carts in the AOA, and to prohibit wheelchairs in the AOA unless such wheelchairs are being actively used for passenger transportation; amends Section 2-41, Fire and safety regulations (for FLL), and Section 2-142, Fire and safety regulations (for North Perry), of the Code to prevent persons from interfering with emergency exit signs, and from blocking, locking, or propping open any emergency evacuation or smoke barrier gates, doors, ladders, or other facilities or equipment (e.g., fire or emergency alarms, intercoms, or telephones) used in the evacuation of an aircraft, vehicle, or structure; and amends Section 2-50, Compliance with operational guidelines, of the Code to state that all persons must comply with such operational guidelines and that any failure to comply with such operational guidelines may result in a violation pursuant to Chapter 8½ of the Code of Ordinances.
 
Finally, the proposed Ordinance amends Section 8½-16(k) to consolidate Sections 8½-16(k), (n), (o), (p), (q), and (s) of the Code and to add penalties for third and fourth violations.  Section 162.09(2)(a), Florida Statutes, states that a fine imposed shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation. However, Section 162.09(2)(d), Florida Statutes, permits large counties like Broward County to increase fines for violations of the Code to up to $1,000 for an initial violation and to up to $5,000 for each repeat violation. To implement such an increase, the Board must approve the increased fines by a vote of at least a majority plus one (1) of the entire Board. The proposed Ordinance has various fines in excess of the limitations imposed in Section 162.09(2)(a), Florida Statutes. Therefore, enactment of the proposed Ordinance requires a vote of at least a majority plus one (1) of the entire Board.
Source of Additional Information
Carlos A. Rodriguez-Cabarrocas, Assistant County Attorney, (954) 359-2358

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement


    

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