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AI- 19520   4.    
Broward County Commission Public Hearing
Meeting Date: 06/09/2015  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CODE ENFORCEMENT AND THE REGULATION OF MOTOR CARRIERS; AMENDING CHAPTER 8½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); UPDATING CIVIL PENALTIES FOR VIOLATIONS OF THE MOTOR CARRIER REGULATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
(Sponsored by the Board of County Commissioners)
 
ACTION:  (T-4:36 PM)  Following discussion, the Board voted on Purple-Sheeted Additional Material, dated June 9, 2015, submitted at the request of Commissioner Wexler.  The vote failed.  (Refer to minutes for full discussion.)

VOTE:  4-5. Commissioners Bogen, Holness, Ritter, Sharief and Mayor Ryan voted no.

ACTION:  (T-5:38 PM)  Following discussion, the Board voted on Purple-Sheeted Additional Material, dated June 9, 2015, submitted at the request of Environmental Protection and Growth Management.  The vote failed, as this vote requires a super majority vote.  (Refer to minutes for full discussion.)

VOTE:  5-4.  Commissioners Furr, LaMarca, Wexler, and Vice Mayor Kiar voted no. 

ACTION:  (T-5:38 PM)  Filed proof of publication and enacted the Ordinance to become effective as provided by law with an amendment to fines.  First offense, $250.00; second offense, $500.00; third offense, $750.00; fourth offense, $1,000.00.  (Refer to minutes for full discussion.)

VOTE:  8-1.  Commissioner LaMarca voted no.
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of May 12, 2015.
What Action Accomplishes
Amends the Code to provide penalties for violations of the Motor Carriers Ordinance and to allow the Board of County Commissioners to impose fines, including certain fines up to a maximum of $1,000 per day per violation, up to $5,000 per day for a repeat violation, and up to $15,000 per violation if a hearing officer finds a violation to be irreparable or irreversible in nature.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
At the April 28, 2015, Commission meeting, the Board amended Chapter 22½ of the Code ("Motor Carriers Ordinance") to (i) regulate the operations of transportation network companies, (ii) provide for enhanced background checks for chauffeurs, and (iii) require that all for-hire vehicles required to be permitted under the Motor Carriers Ordinance be inspected by a licensed mechanic approved by the Environmental Licensing and Building Permitting Division.
 
At the May 5, 2015, Commission meeting, the Board directed the Office of the County Attorney to draft an Ordinance amending Chapter 8½ to update and establish civil penalties for violations of the Motor Carriers Ordinance and further amending Chapter 8½ to authorize imposition of fines, some of which are in excess of the standard limits currently established by Florida Statutes, but which are allowed upon extraordinary vote of the Board. 
 
The Ordinance amends Section 8½-12 of the Code to authorize the Board to impose certain fines and penalties up to a maximum of $1,000 per day per violation for an initial violation, up to $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if a hearing officer finds a code violation to be irreparable or irreversible in nature. As required by Section 162.09(2), Florida Statutes (2014), the Ordinance includes specific criteria that a hearing officer must consider in determining the amount of the fine to be imposed. The Ordinance would authorize the Board to allow these higher fines or penalties to be imposed in all code enforcement proceedings pertaining to those fines. The Board may enact these provisions amending Section 8½-12 of the Code by a vote of at least a majority plus one of the Board. 
 
The Ordinance also amends Section 8½-16(t) to establish civil penalties for violations of the new provisions of the Motor Carriers Ordinance and to update penalties for violations of provisions that existed prior to the April 28, 2015, amendments.
Source of Additional Information
Annika E. Ashton, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information

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