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3/7/1995
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3/7/1995
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/07/1995
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Attorney Vitunac advised that the proposed House bill will <br />standardize legal advertising requirements for counties and cities. <br />Presently, counties give 14 -day notice, cities 12 days and the <br />State 15. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously adopted <br />Resolution 95-43, to the Florida Legislature in <br />support of standardizing legal notice requirements <br />and establishing a statute of limitations for <br />challenges to local ordinances based on inadequate <br />legal notice. <br />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 STANDARDIZING 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 />has 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 />43 <br />March 7, 1995 Boos 94 Ph. 543 <br />
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