HomeMy WebLinkAbout06-15-2006 Chapter 2006-88BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Law
Debra S. Babb-Nutcher"
Joseph E. Blitch
Usher L. Brown
Suzanne D'Agresta"
Anthony A. Garganese"
J.W. Taylor
Jeffrey S. Weiss
*Board Certified Civil Trial Lawyer
"Board Certified City, County 8 Local Government Law
Ronald McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Chapter 2006-88
Dear Ron:
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
June 15, 2006
Scott J. Dornstein
Andrew M. Fisher
Mitchell B. Haller
Katherine W. Latorre
Amy J. Pitsch
Erin J. O'Leary
Catherine D. Reischmann
William E. Reischmann, Jr.
Of Counsel
The Governor recently signed into law Chapter 2006-88 regarding the issuance of
development permits by municipalities. This new law creates Section 166.033 Florida
Statutes which provides:
When a municipality denies an application for a development permit, the
municipality shall give written notice to the applicant. The notice must
include a citation to the applicable portions of an ordinance; rule, statute, or
other legal authority for the denial of the permit. As used in this section, the
term "development permit" has the same meaning as in s. 163.3164.
Section 163,3164 defines a development permitto mean any building permit, zoning
permit, subdivision approval, re -zoning certification, special exception, variance, or any
other official action of local government having the effective permitting the development
of land.
The new law is effective October 1, 2006. Given the breath of the definition of
development permit, this small change to Chapter 166 will have a very significant impact
on the manner in which a municipality denies a development permit. As written, this new
law will apply not only to the City Commission in thei! role of reviewing development
225 East Rooinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderoale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlai.dolaw.net
McLemore, R.
June 16, 2006
Page 2
permits, but the law will also apply to other quasi-judicial boards and administrative
personnel (e.g. building official) that have final decision making authority regarding
development permits.
I recommend that this letter be provided to the members of the City Commission,
quasi-judicial board members, and other City personnel who have authority to deny a
development permit. I also suggest that this letter be provided to advisory boards who
make recommendations regarding development permits, like the P & Z Board/LPA. These
boards should ensure that they clearly articulate the reasons for their recommendations,
especially recommendations to deny a development permit.
Please feel free to contact me should you wish to discuss this further.
V tr ly yours,
r
Anthony A. Garganese
City Attorney
Enclosure
AAG/slb