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04-1476 Legislative Policy
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04-1476 Legislative Policy
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8/3/2005 2:54:21 PM
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6/1/2004 1:20:07 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
2/9/2004
Doc Number
04-1476
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301.1 <br /> <br />301.2 <br /> <br />301.3 <br /> <br />301.4 <br /> <br />301.5 <br /> <br />Limits the exposure of local governments <br />and their officers, employees, and volunteers <br />from tort liability. <br /> <br />Repeals the doctrine of joint and several li- <br />ability where a government is a party to an <br />action. <br /> <br />Provides a defense to a local government <br />in actions where the plaintiff was under the <br />influence of alcohol or drugs when the ac- <br />cident or injury occurred. <br />Permits the local government to recover all <br />fees and costs related to a lawsuit if the lo- <br />cal government prevails. <br /> <br />Clarifies who the proper defendant~ are in <br />actions against local governments. <br /> <br />Code Enforcement <br /> <br />302 The code enforcement process is designed <br /> to be an effective, inexpensive and expedi- <br /> tious process to address alleged code vio- <br /> lations. This process provides local govern- <br /> ments with an alternative method of code <br /> enforcement that doesn't rely on an already <br /> overly burdened state court system. Code <br /> enforcement proceedings provide for fair <br /> and impartial hearings on code violation <br /> complaints. The code enforcement process <br /> should provide sufficient flexibility and au- <br /> thority to local governments in their en- <br /> forcement activities and actions. <br /> <br />The Florida League of Cities will support legislation <br />that: <br /> <br />302.1 Provides additional flexibility to local gov- <br /> ernments in the administration and enforce- <br /> ment of codes and ordinances. <br /> <br />302.2 Requires all governmental entities to com- <br /> ply with locally adopted codes. <br />302.3 Grants municipalities more flexibility to col- <br /> lect local government code enforcement <br /> fines through alternative methods. <br /> <br />302.4 Repeals state law that assesses local gov- <br /> ernments court access fees and other related <br /> costs for code enforcement related court <br /> proceedings. <br /> <br />302.5 Provides that an abatement of a public nui- <br /> sance by a munJcipaJity does not constitute <br /> a taking, within taking jurisprudence. <br /> <br />Building and Fire Safety Codes <br /> <br />303 The construction industry is a significant part <br /> of Florida's economy. In regulating this in- <br /> dustry, municipalities have the respbnsibil- <br /> ity to assure buildings are constructed in <br /> 8 <br /> <br />accordance with minimum safety standards <br />and fire safety codes. Also, decisions re[at- <br />lng to the administration and operation of <br />municipal building departments properly <br />belong to the municipalities' citizens as <br />expressed through their municipal charter, <br />code provisions and elected officials. <br /> <br />The Florida League of Cities will support legislation <br />that: <br /> <br />303.1 Enhances the ability of municipal govern- <br /> ments to manage, operate and finance their <br /> building departments, including the man- <br /> agement and oversight of the building <br /> plans review and inspection process. <br />303.2 Permits municipal amendments to building <br /> codes, including amendments governing <br /> construction methods, personnel standards, <br /> and professional qualifications when based <br /> on local safety and welfare determinations. <br />303.3 Assures the adoption of amendments to and <br /> the enforcement of fire safety standards are <br /> maintained at the local level. <br /> <br />303.4 Prohibits any new Uniform Fire Safety Stan- <br /> dards and re-directs existing standards to <br /> apply to new and existing occupancies ap- <br /> propriately. <br />303.5 Assists local building departments by pro- <br /> viding technical information or education <br /> for code officials and adopts a base build- <br /> ing code that maintains general consistency <br /> between the state and the rest of the United <br /> States and minimizes re-education for sub- <br /> sequent updates of the state building code. <br />303.6 Removes the requirement that a statewide <br /> rating organization include positive rate <br /> factors when performing a building code <br /> enforcement assessment. <br /> <br />303.7 Permits more flexibility in the certification, <br /> recruitment, and retention of building in- <br /> spectors, building officials and fire inspec- <br /> tion officials. <br /> <br />303.8 Supports windstorm insurance reform that <br /> will correct the inequities of the current sys- <br /> tem and will assure property owners are <br /> able to obtain effective insurance at a fair <br /> and reasonable rate. <br /> <br />Eminent Domain and <br />Inverse Condemnation <br /> <br />304 Local governments often find it necessary <br /> to use their power of eminent domain to <br /> acquire land for such public purposes as <br /> roads, public buildings and facilities, down- <br /> town and community redevelopment, and <br /> <br /> <br />
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