Hallandale Beach Blog -A common sense public policy overview offering a critical perspective on the current events, politics, govt., public policy, sports scene and pop culture of the U.S., South Florida and Europe, especially the UK and Sweden. In particular, Broward & Miami-Dade County, and the cities of Hallandale Beach, Hollywood & Aventura. Trust me when I tell you, this part of Florida is NOT the Land of Lincoln. Pictured in upper-left is Hallandale Beach's iconic beachball-colored Water Tower on State Road A1A; September 2008 photo by me, South Beach Hoosier. © 2013 Hallandale Beach Blog, All Rights Reserved.

Wednesday, January 27, 2010

Still no Sunshine in Hallandale Beach -No public notice ad in Herald for today's HB City Commission meetings -just like the last two!

Above, Hallandale Beach City Hall looking north from
U.S.-1/Federal Highway & S.E. 5th Street.
January 22, 2010 photo by South Beach Hoosier.

So as if the besieged citizens of Hallandale Beach needed
another reason to support an independent Inspector
General
with teeth that can investigate corrupt and
incompetent City Halls like Hallandale Beach's,
which
continually and intentionally ignore the state's
own
Sunshine Laws, over-and-over, year-after-year,
with no fear of anything EVER happening to the people
in charge -despite all the recent talk and media coverage
of ethics in Broward County, today brings news that
there's still no sunshine at Hallandale Beach City Hall.

Just minutes before it's scheduled to begin, there's
been no public notice ad placed in the Herald for
today's two HB City Commission meetings -just like
the two before it.

I've got a copy of the pertinent Florida Statute below.
I believe this is the third Hallandale Beach City
Commission meeting in a row, all this month,
where the city hasn't properly placed an ad in
the Herald as required.

You have to follow the law.
I have to follow the law.
Hallandale Beach City Hall, apparently, not so much.
It's not so much a law as something on a fortnightly
Things to Do list.

They keep forgetting that they can't just make
things up and ad lib as they go along, which they'd
clearly prefer to do.

The proof is in the pudding, below, on the Herald's
online site for their City and Public Notices:
http://newspaperads.miami.com/ROP/Subcat.aspx?cat=3328&subcat=3349

Using "Hallandale Beach" as search term

Search Results for the keyword "Hallandale Beach"

http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale+Beach&submit.x=12&submit.y=6

Using "Hallandale" as search term:

Search Results for the keyword "Hallandale"


http://newspaperads.miami.com/Shared/Search.aspx?advid=0&loc=0&s=Hallandale&submit.x=0&submit.y=0
------

My emphasis below in bold red.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0166/Sec041.HTM

The 2009 Florida Statutes


Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES


166.041 Procedures for adoption of ordinances and resolutions.--

(1) As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:

(a) "Ordinance" means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law.

(b) "Resolution" means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.

(2) Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsection.

(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least 2 separate days and shall, at least 10 days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

(b) The governing body of a municipality may, by a two-thirds vote, enact an emergency ordinance without complying with the requirements of paragraph (a) of this subsection. However, no emergency ordinance or resolution shall be enacted which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of permitted, conditional, or prohibited uses within a zoning category. Emergency enactment procedures for land use plans adopted pursuant to part II of chapter 163 shall be pursuant to that part.

1(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure:

1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.

b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form:

NOTICE OF (TYPE OF) CHANGE

The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) .

A public hearing on the ordinance will be held on (date and time) at (meeting place) .


Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance.

(4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein.

(5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body.

(6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law.

(7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act, no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163.

(8) The notice procedures required by this section are established as minimum notice procedures.

History.--s. 1, ch. 73-129; s. 2, ch. 76-155; s. 2, ch. 77-331; s. 1, ch. 83-240; s. 1, ch. 83-301; s. 2, ch. 95-198; s. 5, ch. 95-310.

1Note.--As amended by s. 5, ch. 95-310. This version is published as the last expression of legislative will (see Journal of the Senate 1995, p. 1061, and Journal of the House of Representatives 1995, p. 1129). Paragraph (3)(c) was also amended by s. 2, ch. 95-198, and that version reads:

(c) Ordinances initiated by the governing body or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to the following procedure:

1. In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land area of the municipality, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will rezone or whose land will be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance.

2. In cases in which the proposed ordinance deals with more than 5 percent of the total land area of the municipality, the governing body shall provide for public notice and hearings as follows:

a. The local governing body shall hold two advertised public hearings on the proposed ordinance. Both hearings shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct one or both of these hearings at another time of day. The first public hearing shall be held approximately 7 days after the day that the first advertisement is published. The second hearing shall be held approximately 2 weeks after the first hearing and shall be advertised approximately 5 days prior to the public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing.

b. The required advertisements shall be no less than one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the municipality and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the community is published less than 5 days a week. The advertisement shall be in the following form:

NOTICE OF ZONING (PERMITTED USE) CHANGE

The (name of local governmental unit) proposes to rezone (change the permitted use of) the land within the area shown in the map in this advertisement.

A public hearing on the rezoning will be held on (date and time) at (meeting place) .


The advertisement shall also contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the area.

c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance.
-----

As you all know from my previous emails and blog
posts, I was at Tuesday's meeting in Ft. Lauderdale
of the Broward Legislative Delegation meeting,
one of whose two agenda items for the afternoon
was the creation and scope of an independent
Inspector General.

Later tonight, I'll be posting to my blog my thoughts
and observations on that meeting, along with some
photos and maybe even some video.

But that will come after possibly attending one of the
two meetings today, the first of which is at 11 a.m.,
in Room 257, titled immodestly, "Consideration
of the City's Legislative Action Plan
."

Want to bet that rather than a small practical and
achievable list of issues that can actually happen
this year and get out of House and Senate committees,
it's yet another absurd, not-so-achievable Mike Good/
Joy Cooper
wish list given to Ron Book,
albeit this year, without a pony being on it?

The public comments part of the second meeting is
at 7 p.m.

The early over-and-under on the number of times
today that Mayor Joy Cooper un-necessarily
brings up her recent trip to the White House is
three.
In fact, she may hit three within the first five minutes,
just like last January after the Inauguration.

Too bad that, as usual, there won't be any reporters
there to record the mayor's malaprops and non sequiturs
about 1600 Pennsylvania Avenue for posterity.

No comments:

Post a Comment

Cityline on A1A and the beach

Cityline on A1A and the beach
Where Hollywood meets Hallandale Beach on State Road A1A, Hyde Beach Resort & Residences meets the iconic beach ball-colored Water Tower. © 2017 Hallandale Beach Blog, All Rights Reserved

Miami Dolphins classic logo

Miami Dolphins classic logo
What I grew up with in South Florida in the 1970's - not just an expectation for winning, but for excellence and 100% effort!

North Miami Beach High school alumni

North Miami Beach Senior High School, the Home of the Chargers

North Miami Beach Senior High School, the Home of the Chargers
Before I was a Hoosier, I was an NMB Charger, Class of 1979.

In the Heart of a Great Country, Beats the Soul of Hoosier Nation

In the Heart of a Great Country, Beats the Soul of Hoosier Nation
"In the Heart of a Great Country, Beats the Soul of Hoosier Nation." -South Beach Hoosier, 2007.