Fort Walton Beach Council agenda — 09-16-08 workshop agenda — reading text

booklet can be used to compare laws Yes! Please notify me each year so which exist in your Code of Ordinances to that I can download the updated the current state law( s) on specific publication: subjects which are commonly contained in a Code of Ordinances. Topics are Municipality or Company name: presented in alphabetical order by subject, so navigation is easy. The Attn: booklet is updated at the end of each Address: legislative session ( or after the close of the City: calendar year, for states whose State: Zip: legislatures meet continually). This Phone• booklet is useful in determining whether Fax: statutory references in your Code are still E -Mail: valid, and whether the requirements e -mail address must be provided in thereunder have changed. If you would order to send notification) like a notification each year when the publication has been updated, please fill Mail to: Municipal Code Corporation out this order form and return via fax, PO Box 2235 mail or e- mail. Tallahassee, FL 32316 or fax: 1 -850- 575 -8852 or e- mail: info( % municode. com Brought to you by M U n 1 C: C> C1 4= 00 . com for more information on some services andproducts available from Municipal Code Corporation, please visit us online at www.municode.com  INTRODUCTION State law changes in Florida over the years have greatly affected many Charters and Codes of Ordinances heretofore adopted. The comments in the following pages of this pamphlet are intended to assist you in pinpointing those areas of your Charter and Code of Ordinances which may be obsolete or which may require revision due to those changes. These comments are based on the experience of our legal staff in working with Florida Charters and Codes of Ordinances. This pamphlet is up to date through the 2007 Special Session of the Florida legislature. The pamphlet is divided into three main parts, Charter and Related Special Laws, Code of Ordinances and Appendix. Under Fart II, Code of Ordinances, the comments are classified alphabetically by common subject areas which may or may not conform to the titles of the various parts of your Code of Ordinances. For this reason, a few citations which are broad in scope have been repeated under more than one title. Not all comments will pertain to your Code, nor does this pamphlet purport to include all state laws which might somehow affect the language of your Code. The comments in this pamphlet are intended as a guide and not a substitute for the review, interpretation and determination of your municipal attorney.  TABLE OF CONTENTS Page Introduction ................. ............................... i Part I CHARTER AND RELATED SPECIAL LAWS Charter and Related Special Laws ......................... 1 Home Rule Powers Act ............................ 1 Other Statutes Affecting Charters and Special Laws. 2 Part II CODE OF ORDINANCES Code of Ordinances ........ ............................... 5 General Provisions ........ ............................... 5 Administration ............ ............................... 6 Officers and Employees ............................ 6 Finance ........... ............................... 6 Alcoholic Beverages ....... ............................... 6 Animals.................. ............................... 7 Aviation.................. ............................... 7 Buildings and Building Regulations ....................... 7 InGeneral ......... ............................... 7 Contractors ........ ............................... 8 Inspection Warrants ............................... 8 Code Administrators .............................. 8 Businesses ................ ............................... 8 In General ......... ............................... 8 Food and Food Handlers ........................... 9 Local Business Tax . ............................... 10 Community Development .. ............................... 10 Consumer Protection ...... ............................... 10 Elections................. ............................... 11 Emergencies .............. ............................... 12 Environment .............. ............................... 12 Fire Prevention and Protection ............................ 13 Health and Sanitation ..... ............................... 13 In General ......... ............................... 13 Food and Food Handlers ........................... 13 Manufactured Homes and Trailers ......................... 14 iii  STATE LAW IN FLORIDA Page Offenses and Miscellaneous Provisions ..................... 14 Peddlers and Solicitors .... ............................... 15 Personnel ................. ............................... 15 15 Planning................. ............................... Signs..................... ............................... 16 Solid Waste ............... ............................... 16 Streets, Sidewalks and Other Public Places ................ 16 Taxation.................. ............................... 16 Telecommunications ....... ............................... 16 Traffic and Vehicles ....... ............................... 17 In General ........................ .............. 17 Railroads.......... ............................... 17 Utilities .................. ............................... 18 Waterways................ ............................... 18 In General ......... ............................... 18 Boats............. ............................... 18 18 Fishing............ ............................... 19 Zoning................... ............................... Appendix A. Cases and Attorney General Opinions ( Concerning the Sta- tus of Charter Provisions Under the Home Rule Act) ....... 21 iv  STATE LAW IN FLORIDA AFFECTING LOCAL CODES AND ORDINANCES Part I CHARTER AND RELATED SPECIAL LAWS Home Rule Powers Act Charters and related special laws in Florida are affected by changes in the state law. The adoption of the Municipal Home Rule Powers Act ( F.S. ch. 166) in 1973 had the greatest impact. 1) Subjects excepted from municipal legislation. F.S. § 166. 021( 3) provides that pursuant to the grant of powers set forth in Fla. Const. art. VIII, § 2( b), the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act, except: a. The subjects of annexation, merger and exercise of extraterritorial power, which require general or special law pursuant to Fla. Const. art. VIII, § 2( c). b. Any subject expressly prohibited by the Constitution. C. Any subject expressly preempted to state or county government by the Consti- tution or by general law. d. Any subject preempted to a county pursuant to a county charter adopted under the authority of Fla. Const. art. VIII, §§1( g), 3 and 6( e). 2) Subjects affected by home rule act. The following provisions have been affected by the Home Rule Powers Act: a. Charters and related special laws adopted prior to October 1, 1973. Pursuant to F.S. § 166. 021, provisions of such charters and related special laws either still require a referendum to amend, are repealed as limitations on power, or have been converted to ordinances, depending on the subject matter. A referendum pursuant to F.S. § 166. 031 is required to either amend or repeal provisions which affect: 1. The creation or existence of a municipality. 2. The terms of elected officers and the manner of their election, except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates. 3. The distribution of powers among elected officers. 4. Matters prescribed by the charter relating to appointive boards. 5. Any change in the form of government. 6. Any rights of municipal employees. 1  FLORIDA STATE LAW PAMPHLET Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973, is nullified and repealed. All special acts pertaining exclusively to the power or jurisdiction of a particular municipality have been converted to ordinances, subject to modification or repeal as other ordinances. A series of cases and Attorney General Opinions (see appendix A at the end of this pamphlet) have attempted to resolve the ambiguities in interpreting F.S. § 166. 021. b. Charters and related special laws and amendments adopted after October 1, 1973. 1. Referendum required. According to Attorney General Opinion 75 -223, amend- ments to provisions of charters and related special laws adopted by referendum after October 1, 1973