HomeMy WebLinkAbout4778 Rezone 2.96 Acres - 3750 Laura Avenue/2850 E. Lake Mary BlvdOrdinance No. 2024-4778
An ordinance of the City of Sanford, Florida implementing the
state's statutory mandate to prepare business impact estimates
prior to the adoption of proposed ordinances pursuant to
Section 166.041(4), Florida Statutes; providing for legislative
findings and intent; providing for implementing administrative
actions; providing for a savings provision; providing for
conflicts; providing for severability; providing for codification
and the correction of scrivener's errors and providing for an
effective date.
Whereas, the City has been conferred broad legislative powers to enact
ordinances to perform governmental functions and exercise power to promote the
health, welfare, safety, and quality of life of a local government's residents by both
the Constitution of the State of Florida and the Florida Legislature through home
rule implementing legislation; and
Whereas, the procedures for adopting municipal ordinances are set forth
in Section 166.041, Florida Statutes; and
Whereas, the Constitution of the State of Florida grants cities broad
authority to take actions furthering citizens' health, welfare, safety and quality of
life called "home rule," and this authority includes legislative powers to enact local
laws; and
Whereas, Florida cities have those governmental, corporate and
proprietary powers that enable them to conduct municipal government, perform
their functions and provide municipal services, and exercise any power for
municipal purposes, except as otherwise provided by law; and
Whereas, these home rule powers have been liberally construed when
reviewed by courts; and
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Whereas, this broad home rule authority is limited by two guideposts:
preemption, where a higher level of government such as the State has already
legislated on a topic, and standards of reasonableness; and
Whereas, a municipal ordinance can be declared invalid on the grounds
that it is inconsistent with the Constitution of the State of Florida or Florida statutory
law, and inconsistency may be found where an ordinance is either preempted by
or in conflict with the Constitution of the State of Florida or Florida statutory law;
and.
Whereas, an ordinance can also be declared invalid on the grounds that
it is arbitrary or unreasonable, meaning that it has no legitimate governmental
interest, and ordinances are presumed valid by courts reviewing them, and the
burden falls on the challenger to establish the ordinance's arbitrary or
unreasonable nature; and
Whereas, as a result of the legislative enactment of Section 166.041(4),
Florida Statutes, beginning October 1, 2023, municipal ordinances adopted in
Florida were subject to local challenge based upon failure to produce a "business
impact estimate"; and
Whereas, if a court invalidates an ordinance, this ruling may result in
imposition of attorneys' fees against a city if an ordinance is later determined to be
arbitrary or unreasonable; and
Whereas, the Florida Legislature's adoption of the statutory mandate
that cities produce a "business impact estimate" prior to passing an ordinance,
subject to certain exemptions and exceptions, constitutes and unfunded State
mandate also imposes certain conditions on lawsuits brought by any party to
challenge the legal validity of local ordinances as preempted by State law,
arbitrary, or unreasonable; and
Whereas, the City Commission of the City of Sanford has deemed
approval of this Ordinance to be in the best interest of the residents and citizens
of the City of Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with
all procedural and substantive requirements of controlling law in enacting this
Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the recitals (whereas clauses) set forth herein as the legislative
and administrative findings and intent of the City Commission which, together with
the agenda materials, memorandum and staff reports, to the extent that they exist,
shall be maintained consistent with the maintenance schedule for ordinances, as
public records of the City.
Section 2. Implementation Of Statutory Mandate Of Section
166.041(4), Florida Statutes; Business Impact Estimates. The following
provision is added to the Code of Ordinances of the City of Sanford (City Code):
Implementation of Statutory Mandate to Perform Business Impact Estimates.
The City Commission hereby directs the City Manager, City Clerk and City Attorney
to collaborate to implement the statutory mandate contained in Section 166.041(4),
•.•
Florida Statutes, to formulate and draft business impact estimates/statements prior
to the adoption of certain ordinances as specified in the statute. The City
Commission shall consider the business impact estimate prior to the enactment of
any non-exempt ordinance and may, in its sole discretion, determine to perform a
business impact statement for any ordinance that is exempt under the statute.
Nothing contained herein is intended to create additional mandates for performing
the business impact estimates/statements of exempt ordinances or to waive any
exemption.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance.
Section 4. Savings.
The prior actions of the City of Sanford relating the enactment of
ordinances, and any and all related matters, procedures, are hereby ratified and
affirmed.
Section 5. Severability.
If any section or portion of a section of this Ordinance proves to be invalid,
unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this Ordinance.
Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed.
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Section 7. Codification; Scrivener's Errors.
(a). The provisions of Section 2 of this Ordinance shall be codified as
determined to be appropriate by the Code codifier of the City and all other sections
shall not be codified.
(b). The sections of this Ordinance may be renumbered or re -lettered and
the words of this Ordinance may be changed to section, article or some other
appropriate word or phrase to accomplish codification in the absolute discretion of
the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the authorization of the City Manager, or designee,
without the need for a public hearing.
Section 8. Effective Date.
This ordinance shall become effective and be enacted immediately upon its
passage and adoption.
Attest:
Passed and adopted this 10th day of June, 2024.
City Commission of the City of
Sanford, Flofida / Ai
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Traci Houchin, MMC, FCRM �> 1 ,. Art Woodruff
City Clerk Mayor
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For use and reliance of the C Commission ` Jy7
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approved as to form a d egality-
Wi liam L. Colbert I'la JI -114T l ` GLwj
City Attorney
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Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Proposed ordinance's title/reference:
Ordinance No. 2024-4778
An ordinance of the City of Sanford, Florida implementing the state's
statutory mandate to prepare business impact estimates prior to the
adoption of proposed ordinances pursuant to Section 166.041(4),
Florida Statutes; providing for legislative findings and intent;
providing for implementing administrative actions; providing for a
savings provision; providing for conflicts; providing for severability;
providing for codification and the correction of scrivener's errors and
providing for an effective date.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement apply that are checked off in a box below apply to the above -referenced
proposed ordinance, although the City is implementing the procedure required by
statutory law to ensure that no inadvertent procedural issue could impact the enactment
of the proposed ordinance.
The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt,
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Issuance of a development order or permit;
b. Comprehensive Plan amendments or an amendment to the City's Land
Development Regulations initiated by a private party and not the City;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare): The proposed ordinance
implements Section 166.041(4), Florida Statutes.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City: The ad valorem taxes relating to the subject property at the time
of annexation should increase/decrease by approximately $0
3. Estimate of direct compliance costs that businesses may reasonably incur: $0.
4. Any new charge or fee imposed by the proposed ordinance: There are no new charges
or fees anticipated to be imposed as a direct result of the enactment of the proposed
ordinance.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs: $0.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance: None.
7. Additional information (if any, but may wish to include the methodology used to derive
information for #1 and #2, above. For example: City staff solicited comments from
businesses in the City as to the potential impact of the proposed ordinance by contacting
the chamber of commerce, social media posting, direct mail or direct email, posting on
City website, public workshop, etc. You may also wish to include efforts made to reduce
the potential fiscal impact on businesses based on feedback from businesses. You may
also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and,
therefore, the proposed ordinance does not impose costs only upon businesses.): A
person may find it beneficial to review the legislative history of Section 166.041(4), Florida
Statutes.
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Item No. / f ► `
CITY COMMISSION MEMORANDUM 24.141
JUNE 10, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Traci Houchin, MMC, FORM, City Clerk and
Lonnie Groot, Assistant City Attorney
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, ana er
SUBJECT: Business Impact Estimates; Ordinance No. 20 -4778
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 2024-4778 relating to business impact estimates is requested.
FISCAL/STAFFING STATEMENT:
Ordinance No. 2024-4778 implements the statutory requirements of Section 166.041(4), Florida
Statutes, which requires a "business impact estimate" prior to the enactment of certain ordinances
and will avoid City liability relating to the potential enactment of ordinances resulting in liability
to the City. The City's ordinances may be challenged under the provisions of Section 166.0411,
Florida Statutes, on the basis of being expressly preempted by the State Constitution or by State
law or for being arbitrary or unreasonable. The City could be subject to liability in the event of a
successful challenge.
BACKGROUND:
Beginning October 1, 2023, as a result of the enactment of Section 166.041(4), Florida Statutes,
(Chapter 2023-309, Laws of Florida) the Florida Legislature adopted a statutory mandate that
cities produce a "business impact estimate" prior to enacting an ordinance, subject to certain
exemptions. The City has administratively implemented the law, but it is desirable to enact a
legislative requirement to do so to best ensure compliance with the statute as have other
jurisdictions (the Florida League of Cities developed a model ordinance). Section 166.041 (4)(a),
Florida Statutes, provides that:
Before the enactment of a proposed ordinance, the governing body of a
municipality shall prepare or cause to be prepared a business impact estimate in
accordance with this subsection. The business impact estimate must be posted on
the municipality's website no later than the date the notice of proposed enactment
is published pursuant to paragraph (3)(a) and must include all of the following:.. .
the municipality's website no later than the date the notice of proposed enactment
is published pursuant to paragraph (3)(a) and must include all of the following:.. .
The business impact estimate must include the following:
(1). A summary of the proposed ordinance, including a statement of the public
purpose to be served by the proposed ordinance.
(2). An estimate of the direct economic impact of the proposed ordinance on
private for-profit businesses in the county or city, including: an estimate of direct
compliance costs for businesses; identification of new charges and fees; and an
estimate of the City's regulatory costs.
(3). A good faith estimate of the number of businesses likely impacted.
(4). Any additional information deemed useful.
Ordinances exempt from the requirement of Section 166.041(4), Florida Statutes, are the
following:
(1). Ordinances required to comply with federal or state laws or regulations.
(2). Ordinances relating to the issuance or refinancing of debt.
(3). Ordinances relating to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget.
(4). Ordinances required to implement a contract or agreement, including grants
or financial assistance.
(5). Emergency ordinances.
(6). Ordinances relating to procurement.
(7). Ordinances enacted to Implement: Part II, Chapter 163, Florida Statutes,
including land development regulations, zoning, development orders, development
agreements and development permits; Sections 190.005 and 190.046, Florida
Statutes, (pertaining to community development districts); the Florida Building
Code and the Florida Fire Prevention Code.
Although a business impact estimate is not required for ordinances that relate to growth policy,
planning and land development regulations under Part II of Chapter 163, Florida Statutes, liability
can result under the Bert J. Harris, Jr., Private Property Rights Protection Act (Section 70.001,
Florida Statutes). That statutory provision pertains to the protection private property rights beyond
the laws pertaining to eminent domain. Likewise, liability can arise under the provisions of Section
70.045, Florida Statutes, which relates to unlawful exactions.
It may be worthy of note that in 1994 the Board of County Commissioners of Seminole County
imposed a requirement upon the County to require an Economic Impact Statement prior to the
enactment of certain ordinances " ... for use as a tool in the decision-making process that provides
estimating of direct, quantifiable economic impacts upon citizens and taxpayers."
LEGAL REVIEW:
The Assistant City Attorney has assisted in this matter and recommends enactment of Ordinance
No, 2024-4778.
The City Commission approved the first reading of Ordinance No. 2024-4778 on May 13, 2024.
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The City Clerk Published notice of the 2nd Public Hearing in the Sanford Herald on June 9, 2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4778.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4778."
Attachment: Ordinance No. 2024-4778
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