§ 92.07. Local Petition pre-evaluation.  


Latest version.
  • Each Local Petition shall be pre-evaluated and processed for further action as follows:

    (a)

    Initial Report of Counsel. Within ten working days from receipt of a Local Petition, Counsel shall prepare an initial report with a copy to the Department and petitioner. The initial report of Counsel shall contain:

    (1)

    Counsel's opinion of whether the Local Petition is sufficient and complete to permit fair and informed consideration by City Council and, in the event opined to be incomplete or insufficient, a description of the amendment, supplement or other information necessary to cure Local Petition deficiencies;

    (2)

    Counsel's opinion of whether a Local Petition is contrary to any provision of applicable general or special law or the City Charter;

    (3)

    A copy of the Local Petition; and,

    (4)

    Any other information deemed helpful.

    Petitioners shall supplement and/or amend Local Petitions promptly to address deficiencies cited by Counsel, in order that Counsel may issue a final report as set forth hereinafter.

    (b)

    Final Report of Counsel. Upon Counsel determining that a Local Petition is adequate to permit fair and informed consideration by City Council, Counsel shall prepare and file a final report with the Chief of Legislative Services together with three copies of the Local Petition (as amended and/or supplemented to date) and also a related draft ordinance, with a copy of all the foregoing to the Department and to the petitioner. The final report of Counsel shall not be issued unless it contains:

    (1)

    Counsel's opinion that the Local Petition is sufficient and complete;

    (2)

    Counsel's opinion that all statements not intended to be disposed of by the report and recommendation of the Department are true and correct;

    (3)

    Counsel's opinion that a Local Petition is not contrary to any provision of applicable general or special law or the City Charter; and,

    (4)

    Any other information deemed helpful.

    Any or all of Counsel's opinions set forth in the final report may be made subject to Local Petition amendment, supplement, clarification or tender of additional information.

    (c)

    Report and Recommendation of Planning and Development Department. Within 14 days from the issuance date of the final report of Counsel, the Department, by and through its Comprehensive Planning division, shall prepare and file a report and recommendation with the Chief of Legislative Services with a copy to Counsel and to the petitioner. The report and recommendation of the Department shall contain:

    (1)

    Informational paragraph (solely to provide context) concerning the status of the underlying community development;

    (2)

    Department's opinion, without regard to opinion of Counsel, of whether Local Petition planning attachments, including all location, comprehensive plan and zoning maps, legal descriptions, construction cost estimates, plats, and/or surveys (but excluding utility maps), are adequately sufficient and complete to permit informed consideration by the City Council;

    (3)

    Department's opinion of whether Local Petition planning attachments, including all location, comprehensive plan, and zoning maps, legal descriptions, construction cost estimates, plats and/or surveys (but excluding utility maps), are adequately true and correct to permit fair and informed consideration by the City Council;

    (4)

    Attached certification of the JEA's Sewer Services division, made to the Department within ten days of the division's receipt of petitioner's written request, regarding whether any and all utility maps attached to a Local Petition are adequately sufficient, complete, true and correct to permit fair and informed consideration by City Council, which certification and underlying work may be provided for by contract between the City and the JEA;

    (5)

    Department's opinion and recommendation of the relationship of the Local Petition to factors 2., 3., and 5. of F.S. § 190.005(1)(e); and,

    (6)

    Any other information deemed helpful.

    Any and all of the Department's opinions set forth in the report and recommendation may be made subject to Local Petition amendment, supplement, clarification or tender of additional information.

    (d)

    Additional Copies of Local Petitions. Within ten days from the date of issuance of the report and recommendation of the Department, petitioners shall provide to Counsel at least 24 additional copies of the Local Petition, as amended or supplemented to date, which office shall retain one copy, deliver one copy to the Department and deliver the remainder to the Chief of Legislative Services for further distribution to the Council and the Council Auditor's offices.

(Ord. 2004-402-E, § 2)