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

Supp. 682 ( D. C. Mass. 1985); New York Community Action Network v. Town of Hempstead, 601 F. Supp. 1066 ( E. D. N.Y. 1984); Connecticut Citizens Action Group v. Town of Southington, 508 F. Supp. 43 ( D. Conn. 1980); West Virginia Citizens Action Group v. Daley, 324 S. E. 2d 713 ( W. Va. 1984). PERSONNEL 1) Health insurance. Amunicipality with not more than 12, 500 inhabitants may adopt an ordinance for participation in the state group health insurance program and the prescription drug coverage program. F.S. § 110. 1228. PLANNING 1) Local planning and land development regulations. a. F.S. § 163. 3161 et seq. ( the Local Government Comprehensive Planning and Land Development Regulation Act) are mandatory in all municipalities. As is custom- ary, this statute has been significantly amended in the last few years. b. Land development regulations are to be referred to the local planning agency or to a land development regulation commission created pursuant to local ordi- nance, or both, as required in F.S. § 163. 3194( 2). 15  FLORIDA STATE LAW PAMPHLET SIGNS 1) Compensation for removal of pre -exisitng signs. Subject to certain waiver provisions and certain other exceptions, F.S. § 70. 20 requires compensation for removal of any lawfully erected off premises - sign located along any portion of the interstate, federal - aid primary or other highway system, or any other road. This requirement applies only to a lawfully erected sign, the subject matter of which relates to premises other than the premises on which it is located, or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. SOLID WASTE 1) Definitions. Definitions in an ordinance must be consistent with F.S. § 403. 703. ( See F.S. § 403. 7031.) STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 1) Construction standards. F.S. § 336. 045 requires compliance with minimum standards promulgated by the Florida Department of Transportation for the design, construction and maintenance of all public streets, roads, highways, bridges, sidewalks, curbs and curb ramps, crosswalks, bicycle ways, underpasses and overpasses used by the public for vehicular and pedestrian traffic. TAXATION 1) Ad valorem taxes. a. F.S. § 193. 116 provides for appraisals and collections to be performed by the county. b. A municipal ordinance may allow an additional homestead exemption of up to 50, 000.00 on the permanent residence of a person who has attained the age of 65 and whose household income does not exceed $ 20, 000. 00. F.S. § 196. 075. 2) Cigarette tax. F.S. § 210. 03 prohibits a municipal tax levy on cigarettes. 3) Alcoholic beverages. F.S. § 561. 342( 3) prohibits municipal taxing or licensing of alcoholic beverages. TELECOMMUNICATIONS 1) FCC. The Federal Communications Commission has preempted the regulation of certain items (e. g., size of satellite antennas) and prohibits discriminatory regulations of antennas but does not prohibit aesthetic considerations regarding screening and placement of antennas unless they are discriminatory. FCC Rule PR.BI; 47 CFR 25. 104. 16  FLORIDA STATE LAW PAMPHLET 2) Cable television franchises. F.S. § 166. 046 has minimum standards for cable television franchises. In addition, F.S. § 202. 24 imposes limitations on local taxes and fees imposed on dealers of communications services. 3) Amateur radio antennas. Any ordinance on amateur radio antennas must conform to the limited preemption described in F.S. § 166. 0435. TRAFFIC AND VEHICLES In General 1) Florida Uniform Traffic Control Law. a. F.S. § 316.007 prohibits any municipal ordinance on matters covered by such law unless expressly authorized. b. F.S. § 316. 008 contains powers of local authorities. Such powers include regulat- ing, restricting or monitoring traffic by security devices or personnel on public streets and highways, whether by public or private parties, and providing for the construction and maintenance of such streets and highways. C. F.S. § 316. 006 authorizes municipalities to regulate access to private roads, or limited access roads owned or controlled by a special district, pursuant to a special agreement. 2) State property. Municipalities may enact and enforce ordinances on the violation of state traffic and parking rules on state -owned property, F.S. § 281. 07. Such rules must not be in conflict with any municipal ordinance. 3) Towing vehicles parked on private property. F.S. § 715. 07 establishes minimum standards for towing vehicles parked on private property. 4) Solicitation on public streets, highways and roads. F.S. § 316. 2045( 3) provides restrictions on regulation of solicitations on pubic streets, highways and roads by charitable organizations, exempting such organizations from permit requirements under certain conditions. Railroads 1) Safety. The Federal Railway Safety Act preempts local regulation of railroad safety on subjects such as speed of trains and time of blocking crossings. See 45 USC 431 et seq. See also F.S. § 335. 141( 4). See CSX Transportation, Inc. v. City of Plymouth, 86 F.3d 626 ( 6th Cir. 1996); CSX Transp., Inc. v. City of Thorsby, 741 F. Supp. 889 ( M.D. Ala. 1990); CSX Transp., Inc. v. City of Tullahoma, Tenn., 705 F. Supp. 385 ( E. D. Tenn. 1988); Chesapeake & Ohio Ry. Co. v. City of Bridgman, 669 F. Supp. 823 ( W.D. Mich. 1987); Johnson v. Southern Ry. Co., 654 F. Supp 121( W.D. N.C. 1987); Southern Pacific Transp. Co. v. Town of Baldwin, 685 F. Supp. 601, 604 (WD. La. 1987)( a municipality is not a duly delegated agency acting for the State" and thus has no power to regulate railroad safety) 17  FLORIDA STATE LAW PAMPHLET 2) Railroad crossings. F.S. § 351. 03( 4) permits a municipality to implement a whistle -ban for railroads under certain circumstances. UTILITIES 1) Refusal or disconti.nua.nce of service to tenants. F.S. § 180. 135 restricts the ability of a municipality to refuse or discontinue utility service to an owner, tenant or prospective tenant for nonpayment of service charges incurred by a former occupant. 2) Rates. F.S. § 180. 191 authorizes a municipality to impose a 25 percent surcharge on municipal water or sewer system customers who are located outside the boundaries of the city. This restriction applies to municipally owned water and sewer utilities within the confines of a single county and may apply, pursuant to interlocal agreement, to municipally owned water and sewer utilities beyond the confines of a single county. WATERWAYS In General 1) Vehicles on coastal beaches. F.S. § 161. 58 prohibits vehicular traffic on coastal beaches unless authorized by a three- fifths vote of a local governing body prior to October l,' 1989. 2) Sea turtles. F.S. § 161. 163 provides for state guidelines for municipal regulations that control beachfront lighting to protect hatching sea turtles. 3) Tidal lands. The title to tidal lands is vested in the state as provided in F.S. § 253. 12. Boats 1) Speed limits for manatee protection. F.S. § 370. 12( 2)( r) provides that the violation of posted boat speed limits or no -entry areas adopted by a local government for protection of manatees is a violation of the state boating laws and authorizes the use of the uniform boating citation. 2) Boat safety. F.S. § 327. 60 restricts local regulation of the operation of watercraft. Under such statute ordinances cannot discriminate against airboats except by two -thirds vote of the governing body enacting the ordinance. See also F.S. § 327. 22.) 3) Regulatory markers. A municipality may place regulatory markers in a restricted area following adoption of an appropriate ordinance and/ or compliance with the other conditions of F.S. § 327. 41. Fishing (Preempted, see AGO 75 -167) 1) Saltwater. a. F.S. § 370. 102 preempts the regulation of saltwater fishing except for prohibiting saltwater fishing from real property owned by the local government to protect public health, safety or welfare.  FLORIDA STATE LAW PAMPHLET b. F.S. § 370. 1103 establishes guidelines for ordinances curtailing certain fishing activities. 2) Freshwater. Fla. Const. art. IV, § 9 preempts the regulation of freshwater fishing. ZONING 1) Adoption procedure. F.S. § 166. 041 contains minimum mandatory adoption and amendment procedures. 2) Family day care homes. The operation of a residence as a family day care home, as defined by law, registered or licensed with the state department of children and family services is a valid residential use for purposes of any local zoning regulations, and no such regulation shall require the owner or operator of such family day care home to obtain any special exemption or use permit or waiver, or to pay any special fee in excess of $ 50. 00, to operate in an area zoned for residential use. F.S. § 166. 0445. 3) Community residential homes. F.S. § 419. 001 establishes minimum standards for siting of community residential homes and declares certain ones single -family units for zoning purposes without approval of local governments. 4) Alcoholic beverage establishments. F.S. § 563. 02( 1)( a) provides that the sale of malt beverages for off premises - consumption is not subject to municipal zoning. 5) Airport zoning. Localities having an airport hazard area within their territorial limits are directed to adopt airport zoning regulations for such airport hazard area. ( See F.S. 333. 03.) For airport zoning generally, see F.S. ch. 333. 6) Assisted living facilities. The size of an assisted living facility may not be expanded unless proof is submitted to the state agency for health care administration that the construction will be in compliance with applicable local zoning requirements. F.S. 400. 4445. 7) Compensation for removal of pre -exisitng signs. Subject to certain waiver provisions and certain other exceptions, F.S. § 70. 20 requires compensation for removal of any lawfully erected off premises sign located along any portion of the interstate, federal -aid primary or other highway system, or any other