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

§ 828. 27 authorizes local governments to enact animal control or cruelty ordinance and provides for enforcement of violations as a civil infraction. 3) Dog guides, service dogs, etc. Physically disabled persons and trainers of service animals, while engaged in the training of such animals, may be accompanied by a service animal under the provisions of F.S. § 413. 08 in all areas of a public accommodation that the public or customers are normally permitted to occupy. AVIATION 1) Regulation. A municipality may not license airports nor control their location except by zoning requirements. Upon adoption of zoning requirements, a municipality may regulate or prohibit the landing of seaplanes in public waters of the state inside, or bordering on the municipality. (See F.S. § 330. 36.) 2) Airport zoning. Airport hazard area zoning regulations are governed by F.S. ch.333. BUILDINGS AND BUILDING REGULATIONS In General 1) Facility accessibility for handicapped persons. F.S. § 553. 501 et seq. establish accessi- bility standards. F.S. § 553. 513 preempts any local standards for handicapped accessibility. 7  FLORIDA STATE LAW PAMPHLET 2) Structural inspection of a threshold building. F.S. § 553. 79( 5) and ( 7) provide that a structural inspection of a threshold building must be performed by a special inspector. Subsection ( 14) authorizes the acceptance of certifications and plans made by certain contractors. 3) Building codes. a. F.S. §553. 71 et seq. provide for the establishment of the Florida Building Code and establish a procedure for adopting more stringent requirements. Under F.S. 553. 73( 4), the power of local governments to amend the Florida Building Code is restricted. b. F.S. § 553. 73( 10) provides a mechanism for resolution of conflicts between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code as applied to a specific project. 4) Electrical code. F.S. § 553. 88 mandates certain minimum electrical and alarm standards. 5) Thermal efficiency standards. F.S. § 553. 900 et seq. provide uniform statewide standards for energy efficiency in thermal design and operation of buildings. Contractors 1) Generally. F.S. ch. 489, regarding construction industry licenses, gives local govern- ments authority to deny or suspend building or electrical permits of contractors who do compensation not provide proof of public liability, property damage and workers' insurance as required pursuant to statute ( F.S. §§ 489. 113( 4)( c), 489. 516( 4)). Such statute also provides that state certified contractors cannot be required to take a local examination or obtain a local professional license or pay a local professional license fee. See F.S. §§ 489. 113( 4), 489. 131( 3)( f),489. 513( 5), 489. 537( 5)( a). Inspection Warrants 1) Inspection warrants. Inspection warrants authorizing inspections are provided for in F.S. § 933. 20 et seq. Such warrants are inapplicable to owner -occupied family residences. Code Administrators 1) Qualifications. A local government may require building code administrators, building code inspectors, etc., to possess qualifications beyond the certification requirements in F.S. § 468. 601 et seq. ( See F.S. § 468. 633.) BUSINESSES In General 1) Price controls. F.S. § 166. 043 imposes procedural requirements on ordinances and rules imposing price controls and controls on rents; however, all regulation and control of  FLORIDA STATE LAW PAMPHLET mobile home lot rents in mobile home parks related issues pertaining to land- tenant relationships in mobile home parks are preempted to the state and local ordinances on same are repealed. See F.S. § 723. 004. 2) Registration l identification cards. F.S. § 166. 0443 prohibits certain employment reg- istration and background screening. 3) Construction, electrical and alarm system contracting F.S. ch. 489, regarding construc- tion industry licenses, gives local governments authority to deny or suspend building or electrical permits of contractors who do not provide proof of public liability, property damage and workers' compensation insurance as required pursuant to statute ( F.S. 489. 113( 4)( c), 489. 516( 4)). Such statute also provides that state certified contractors cannot be required to take a local examination or obtain a local professional license or pay a local professional license fee. See F.S. §§ 489. 113( 4), 489. 131( 3)( f), 489. 513( 5), 489. 537( 5)( a). 4) Convenience business security. Ordinances providing for convenience businesses, security standards that differ from those contained in F.S. §§ 812. 173 and 812. 174, are preempted. F.S. § 812. 1725. 5) Mobile home lot rentals. F.S. § 723. 004 preempts to the state the regulation and establishment of rights between mobile home owners and mobile home park owners. 6) Water; ice. F.S. § 500. 511( 3) preempts the regulation of bottled water plants, water dealers, water vending machines and packaged ice plants to the state. 7) Pest control. F.S. § 482. 242 preempts the regulation of pest control businesses. F.S. 487. 051 preempts the regulation of pesticides. 8) Auctioneers. No municipality may charge a fee for the practice of auctioneering or require any auctioneer's license in addition to a local business tax. 9) Sellers of travel. Municipalities may not levy or collect any registration fee or tax, as a regulatory measure, or require the registration or bonding in any manner of any seller of travel who is registered or complies with all state laws ( See F.S. § 559. 939). Business taxes, however, are not preempted. Id. 10) Pawnbrokers. A municipality may regulate pawnbrokers in compliance with F.S. 539.001 but may not restrict hours of operations other than between midnight and 6: 00 a. m.(See F.S. 539. 001( 20).) 11) Timeshare sales. A municipality may adopt codes of conduct and regulations to govern solicitor activity on public property, including penalties adopted by ordinance for violations of such a code or regulation. ( See F.S. § 721. 20.) Food and Food Handlers 1) Food. F.S. § 500. 12( 5) preempts to the state the regulation and permitting of food manufacturing, processing, packing, transporting and preparing, or selling at retail E  FLORIDA STATE LAW PAMPHLET except as provided in F.S. chs. 370 and 372. Upon application for a business license tax, the applicant must exhibit a current food permit or an active letter of exemption from the state. 2) Milk and milk products. F.S. § 502. 232 provides that F.S. ch. 502 and state rules supersede all municipal regulations regarding milk and milk products. 3) Frozen desserts. F.S. § 503. 081 provides that F.S. ch. 503 and state rules preempt all municipal regulations on manufacturing and processing frozen desserts that are in conflict therewith. 4) Food service establishments and personnel. F.S. § 509. 039 preempts to the state the regulation of food safety protection standards for training and testing of food service establishment personnel and the ranking of food service establishments except for certain local ordinances. Local Business Tax 1) As the Florida Constitution preempts all forms of taxation ( ad valorem taxation excepted) to general law (see Fla. Const. art. VII, § 1( a); Fla. Const. art. VIII, §9; City of Tampa v. Birdsong Motors, Inc. 261 So. 2d 1 ( Fla. 1972)), local business taxes formerly occupational license taxes) are governed exclusively by F.S. ch. 205 and other general laws. See City of Tampa v. Birdsong Motors, Inc.261 So. 2d 1 ( Fla. 1972). 2) Due dates. In F.S. § 205. 053, the due date for business taxes is September 30 unless it falls on a weekend or holiday which would make licenses due on the following working day. The date for beginning sale of the business tax receipt is now July 1. 3) Per F.S. § 205. 0535, by October 1, 2008, any municipality that has adopted by ordinance local business tax after October 1, 1995, may, by ordinance, reclassify businesses, professions, and occupations and, establish new rate structures. COMMUNITY DEVELOPMENT 1) Development agreements. A local government may, by ordinance, establish procedures and requirements to consider and enter into a development agreement with a person having an interest in real property within its jurisdiction. See F.S. § 163. 3220 et seq. The agreements may now have a duration of 20 years. F.S. § 163. 3229. CONSUMER PROTECTION 1) Prices in emergencies. Unconscionable prices for sale or rental of essential commodities during a declared state of emergency are unlawful under the provisions of F.S. 501. 160. While subsection ( 6) of such statute provides that the section is not preemptive of local government powers, such subsection also provides that that the evidentiary standards and defenses contained in F.S. § 501. 160 shall be the only evidentiary standards and defenses used in any ordinance adopted by local govern- ment to restrict price gouging during a declared state of emergency. 10  FLORIDA STATE LAW PAMPHLET 2) Title loans. A municipality may adopt ordinances more restrictive than F.S. ch. 537. F.S. § 537. 018. ELECTIONS 1) Postponement. F.S. §§ 101. 731 through 101. 74 establish a procedure for suspension or delay of any election due to emergency situations as defined therein. 2) Conduct of elections. F.S. chs. 97 - 106 govern the conduct of a municipality's elections in the absence of an applicable special act, charter or ordinance provision. However, no charter or ordinance provision may conflict with or exempt a municipality from a provision in F.S. chs. 97 - 106 that expressly applies to municipalities. F.S. § 100. 3605( 1). 3) Dates. a. Municipal governing bodies may, by ordinance, change the dates for qualifying and for the election of members of the governing body. F.S. § 100. 3605( 2). b. The municipal election date may be changed by ordinance when the county voting devices are not available for the municipal election because of the occurrence of a statewide or county election. F.S. § 101. 75. The municipal election may be held 30 days prior to or subsequent to the statewide or county election. Id. Such statute also contains