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HomeMy WebLinkAbout1995-043RESOLUTION NO. 95-43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA LEGISLATURE IN SUPPORT OF STANDARDISING LEGAL NOTICE REQUIREMENTS AND ESTABLISHING A STATUTE OF LIMITATIONS FOR CHALLENGES TO LOCAL ORDINANCES BASED ON INADEQUATE LEGAL NOTICE. WHEREAS, the statutes that govern the procedures for the adoption of an ordinance differ in their notice requirements for counties (Section 125, Florida Statutes, and municipalities (Section 166, Florida Statutes), and it hae become difficult for local governments to determine the appropriate procedures for the adoption of regulatory ordinances; and WHEREAS, statutes and case law over the past 15 years have changed the criteria for determining when an ordinance must be adopted as a "rezoning" ordinance, which is subject to stricter public hearing and notice requirements; and WHEREAS, the potential for utilizing the wrong ordinance adoption procedure is the greatest with ordinances that affect the use of private real property and is a likely trap for unwary local governments; and WHEREAS, 1981 the legislature codified a decision which held that if an ordinance substantially affects land use, it must be enacted under the procedures which govern zoning and rezoning; and WHEREAS, from 1983 to 1990, rezoning procedures differed for counties and municipalities for the first time, and in 1990 the legislature created Section 125.66(6), F.S., for counties, which set out the procedure for the adoption of ordinances or resolutions that "affect the use of land," which must also be used for land development regulations; and WHEREAS, the courts have ruled that the "rezoning" procedure applies to any ordinance which in some manner "affects the use of land," and counties and municipalities must now determine on a case-by-case basis which ordinances do not in some way "affect the use of land"; and WHEREAS, because a variety of ordinances and resolution may in some manner "affect the use of land," many ordinance have been overturned on a technical failure to follow the appropriate provisions and are void ab initio; and Resolution No. 95-43 WHEREAS, the possibility that a local government ordinance may be • declared null and void on procedural grounds many years after its adoptions is ever present; and WHEREAS, this places in peril the regulatory ordinances relied upon by the citizenry of the local government; and WHEREAS, the Growth Management Act, which requires that the comprehensive plan and plan amendments be adopted by ordinance, has notice requirements dissimilar to those in Section 125.66, F.S., and Section 166.04, F.S., causing confusion at the governmental level and to the public at large; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C0MMISSI0NERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Florida Legislature and the Governor of the State of Florida to standardize legal notice requirements and establish a statute of limitations for challenges to local ordinances based on inadequate legal notice. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Vice Chairman Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner John W. Tippin Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of March, 1995. BOARD OF OUNTY COMMISSIONERS INDIAN VER COU TY LORIDA Kenne Macht Chairman Indian River Approved Date Admin. Legal Bet9e+1 petit Risk Mgr.