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RESOLUTION NO. 95-43 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA <br />LEGISLATURE IN SUPPORT OF STANDARDISING LEGAL NOTICE <br />REQUIREMENTS AND ESTABLISHING A STATUTE OF <br />LIMITATIONS FOR CHALLENGES TO LOCAL ORDINANCES <br />BASED ON INADEQUATE LEGAL NOTICE. <br />WHEREAS, the statutes that govern the procedures for the adoption of an <br />ordinance differ in their notice requirements for counties (Section 125, <br />Florida Statutes, and municipalities (Section 166, Florida Statutes), and it <br />hae become difficult for local governments to determine the appropriate <br />procedures for the adoption of regulatory ordinances; and <br />WHEREAS, statutes and case law over the past 15 years have changed the <br />criteria for determining when an ordinance must be adopted as a "rezoning" <br />ordinance, which is subject to stricter public hearing and notice <br />requirements; and <br />WHEREAS, the potential for utilizing the wrong ordinance adoption <br />procedure is the greatest with ordinances that affect the use of private real <br />property and is a likely trap for unwary local governments; and <br />WHEREAS, 1981 the legislature codified a decision which held that if an <br />ordinance substantially affects land use, it must be enacted under the <br />procedures which govern zoning and rezoning; and <br />WHEREAS, from 1983 to 1990, rezoning procedures differed for counties <br />and municipalities for the first time, and in 1990 the legislature created <br />Section 125.66(6), F.S., for counties, which set out the procedure for the <br />adoption of ordinances or resolutions that "affect the use of land," which <br />must also be used for land development regulations; and <br />WHEREAS, the courts have ruled that the "rezoning" procedure applies to <br />any ordinance which in some manner "affects the use of land," and counties <br />and municipalities must now determine on a case-by-case basis which <br />ordinances do not in some way "affect the use of land"; and <br />WHEREAS, because a variety of ordinances and resolution may in some <br />manner "affect the use of land," many ordinance have been overturned on a <br />technical failure to follow the appropriate provisions and are void ab <br />initio; and <br />