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r <br />BOOK 94 PA(1544 7 <br />Resolution -No. 95-43 <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 />WHEREAS, the possibility that a local government ordinance may be <br />declared null and void on procedural grounds many years after its adoptions <br />is ever present; and <br />WHEREAS, this places in peril the regulatory ordinances relied upon by <br />the citizenry of the local government; and <br />WHEREAS, the Growth Management Act, which requires that the <br />comprehensive plan and plan amendments be adopted by ordinance, has notice <br />requirements dissimilar to those in Section 125.66, F.S., and Section 166.04, <br />F.S., causing confusion at the governmental level and to the public at large; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Florida Legislature <br />and the Governor of the State of Florida to standardize legal notice <br />requirements and.establish a statute of limitations for challenges to local <br />ordinances based on inadequate legal notice. <br />44 <br />March 7, 1995 <br />