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1999-017
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1999-017
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Last modified
7/6/2023 1:59:49 PM
Creation date
7/6/2023 1:54:27 PM
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Template:
Official Documents
Official Document Type
Miscellaneous
Approved Date
01/19/1999
Control Number
1999-017
Subject
Indian River County Beach Preservation Plan/Economic Analysis and Cost
Allocation Plan/Prepared by Applied Technology & Management, Inc. (ATM)
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i <br />0 <br />county ordinance is not effective within a municipality that enacts an inconsistent <br />ordinance is also constitutionally limited by the requirement that all municipal <br />ordinances must serve a municipal purpose. <br />For example, in City of Ormond Beach v. County of Volusia, 535 So. 2d 302 (Fla. <br />5th DCA 1988), the county transportation impact fee ordinance stated that its <br />purpose was to regulate county land use and land development and to <br />implement a comprehensive plan by imposing an impact fee for county road <br />expansion attributable to new growth and development. The county imposed this <br />transportation impact fee countywide and several cities enacted ordinances to <br />opt out of the application of the county impact fee ordinance within their <br />boundaries. The court held the municipal ordinances were invalid because, <br />although cities had broad powers under the Florida Constitution to act for <br />municipal purposes, these ordinances had no reasonable relationship to the <br />ntuirais, health, welfare, and safety of the people. I he court further stated that <br />preventing or hindering a county in its task of building and maintaining county <br />roads was not in the best interest of the city. The court applied Ormond Beach <br />to a then non -charter county in Seminole County v. City of Casselberry, 541 So. <br />2d 666 (Fla. 5th DCA 1989), The Florida Constitution provides that a county's <br />charter will state which ordinance shall prevail when a county ordinance and a <br />municipal ordinance are in conflict. See Art. VIII, § 1(g), Fla. Const. (`1968). The <br />Volusia County charter, however, provided that a county ordinance in conflict <br />with a municipal ordinance is not effective within the municipalities to the extent <br />of the conflict except in specific areas not relevant to the decision. The 1968 <br />Florida Constitution states that when a non -charter county ordinance conflicts <br />with a municipal ordinance then the county ordinance shall not be in effect within <br />that municipality to the extent of the conflict. See Art. VIII, § 1(0, Fla. Const. The <br />court held that the s&me rule of taw applied in Seminole County that had applied <br />in Ormond Beach, <br />
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