Broward County Commission Regular Meeting

MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 20, Article VII, Division 7 of the Broward County Code of Ordinances titled Drug, Prostitution, and Criminal Street Gang-Related Public Nuisance Abatement, to allow hearings to be conducted by a three member panel of the Consumer Protection Board (CPB); to require any finding that a place or premise is a public nuisance be supported by convictions for the activity alleged to constitute a public nuisance; to allow the CPB to render final orders; to provide for an appeals process; to amend definitions to conform with Florida Statutes; and make other housekeeping amendments as deemed necessary.

ACTION:  (T-10:26 AM)  Approved.
 
VOTE: 8-0.  Vice-Mayor Bogen was not present.

Board action is required to direct the Office of the County Attorney to draft amendments to the Broward County Code of Ordinances.

Allows the County Attorney's Office to prepare draft ordinance changes to improve the effectiveness of Broward County's Nuisance Abatement Code.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION (ECPD) RECOMMEND APPROVAL OF THE ABOVE MOTION.

The Broward County Board of County Commissioners transferred the roles and responsibilities of the Broward County Drug, Prostitution, Youth, and Street Gang-Related Public Nuisance Abatement Board to the Consumer Protection Board (CPB) in 2009. Representatives of the Broward County Sheriff's Office have recently coordinated with ECPD to enhance the implementation of the provisions of the Nuisance Abatement Code in the Broward Municipal Services District. 

In response, ECPD, in coordination with the County Attorney's Office, recommends the following revisions to the Nuisance Abatement Code: require convictions to support any nuisance claim (currently, either convictions or sworn testimony from law enforcement personnel is sufficient); consistent with other CPB cases, allow the CPB to render final orders (currently, the Board of County Commissioners is required to approve any CPB Nuisance Abatement Final Order); allow a panel of CPB members to hear any nuisance abatement case (currently, the entire CPB is required); and clarify the appeals process.

Jeffery Halsey, Director, Environmental and Consumer Protection Division, (954) 519-1468