City Commission Agenda Packet
City Commission Work Session · 2026-05-28 · agenda_packet
This document is an agenda for a City Commission Work Session on May 28, 2026, focusing on the recodification of the City Code. The primary discussion item is the comprehensive review and proposed revisions to the City Code, which has been ongoing since October 2024. The revisions aim to align the code with current practices and laws, clarify provisions, and eliminate inconsistencies. Several chapters are under review and revision, including Advertising, Communications Systems, Solid Waste, Streets, Utilities, and Waterways. The City Attorney is drafting an ordinance for adoption in June. The document details specific changes within various chapters, often citing legal justifications such as state preemption, constitutional concerns (First Amendment, due process, equal protection), or conflicts with state statutes. Many sections are being deleted, edited, or revised to comply with state law or to remove unenforceable or unconstitutional provisions. For contractors, this means changes in areas like building licensing (removal of local contractor licensing), business taxes, and potentially other areas where code revisions impact operational requirements.
Agenda items
- 1. Meeting Called to Order
- 1. Meeting Called to Order
- 1. Summary of Changes
- 2. Discussion Item (s)
- 2. Discussion Item (s)
- CM. Purchasing does not report directly to CM
- a. Recodification of City Code 90 minutes
- a. Recodification of City Code 90 minutes
- p. 104 Sec. 14-44. Grant; denial, (a) Time period for
- p. 108 Sec. 14-91. Exterior of establishment. © Edited to avoid First Amendment concerns.
- p. 108-109 Sec. 14-92. Signage (a), (c), (d) and (f) There are still potential issues, however, as the remaining rules (like requiring
- p. 110 Sec. 14-108. Immunity from prosecution Edited to avoid conflicts with due process protections and state tort law,
- p. 112 Sec. 18-5. Bird sanctuary (b) Updated department name to Florida Department of Enviromental Protection
- p. 113 Sec. 18-10 -Running at large - Generally As worded, this seems difficult to enforce. Deleted text after "city" (to the
- p. 113 Sec. 18-8, Vaccination against rabies and
- p. 114
- p. 115
- General Contractor
- Engineering & Architecture
- Real Estate Development
- p. 115-116 Section 18-17. Noise; disturbances;
- p. 116 Section 18-18. General conditions for
- p. 117 - 118
- p. 117 Requires registration of dogs. Deleted. City does not register dogs.
- p. 164 - 168 Division I. Building Licensing. Sec. 22-401
- p. 169 - 170 Article II. Close-out Sales. Sec.26-26 -32 Deleted. Permit not required.
- p. 185 Sec. 30-78. Conditions on street
- p. 188-189 Sec. 30-90. Interconnection Mandating interconnection may violate federal rules on network design,
- p. 189-190 Sec. 30-92 Govermental Access Sec. 30-93
- p. 200-201 Sec. 34-30. Title and Ownership of Spaces Deleted. Covered by, and in conflict with, F.S. § 497.286.
- p. 202 Sec. 38-1. State of emergency Florida law already governs emergency powers under F.S. §§ 870.041
- Legal Services
- p. 207 Sec. 40-30. Fees Imposed Added language that clarifies that the franchise fee does not apply to
- p. 208 Sec. 40-31. Amount and payment of fees.(f) Added language that ensures that any fees or conditions in the franchise
- p. 208 Sec. 40-32.1. Tax in lieu of permit fees. Deleted (b) and (c) (Staff edit)
- p. 209 Sec. 40-34. Indemnification by grantee Edited to comply with F.S. § 337.401.
- p. 210 Sec. 40-35. Grantee insurance(a) Edited to mirror edits made in 30-48, to ensure consistency in scope and to
- p. 210 Sec. 40-36. Termination This section allows the city to declare a franchise forfeited and take
- p. 214 Sec. 40-58. Removal. (a) and (b)(2) Revised
- p. 215 Sec 40-61 and Sec. 40-62. Accounting
- p. 234-236 Sec. 40-96. Abandonment. (c) and (d) Subsections (c) and (d) allow the City or third parties to alter or remove
- p. 236
- p. 240 Sec. 42-7 Qualification of candidates and
- p. 241 Sec. 42-11. Campaign finance reporting.(b) Edited to avoid conflict with F.S. § 106.0705. if the city’s current system is
- p. 257
- p. 259 Sec. 54-22. Definitions Exceptions (5) Remove brackets. "… of service [to] a governmental entity."
- p. 277 Sec. 58-64 (c) (2) and (4) Language was revised under Ordinance 3362-15, adopted 12/10/2025 to
- p. 278-279
- p. 32 Sec. 1-23. Classes and violations and
- p. 33 Sec. 1-23. Classes and violations and
- Legal Services
- p. 37 Sec. 2-2 Use of city-owned lands for
- General Contractor
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Building & Industrial Supply
- Government Authority
- p. 38 - 55 Article III. Subsidiary board of the City of
- p. 38 Sec. 2-3 Appropriation of expenditures of
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- HVAC & Climate Control
- Plumbing
- Painting & Flooring
- Roofing
- Drywall & Insulation
- Windows, Doors & Glass
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Government Authority
- p. 38 Sec. 2-4. Municipal Seal Edited to allow general penalty to control as municipal ordinance violations
- p. 586-598 No changes recommended. Under full revision.
- p. 601 Section 62-79, Prohibition against picketing
- p. 607 Sec. 62-97. Specific provisions (a)(2)(c) Sec. 62-97(a)(2)(c) is inconsistent with 62-98(b)(3). 62-97 uses 50 feet and
- p. 609 Sec. 62-99 (e), Sounding of railroad train
- p. 609 Sect. 62-121, Nudity Deleted. Covered by F.S. § 800.3 (adopted by reference in 62-1).
- p. 610
- p. 610 Section 62-123, Massage practices in
- p. 610 Section 62-148, False information of serious
- p. 613 Sec. 62-194. Sexual offender and sexual
- p. 626 Article III. Civil Service. Under revision.
- p. 63 Sec. 2-132 City manager; city clerk (a) and
- p. 661 Sec 74-171. Forfeiture of pension (3) This section authorizes pension forfeiture without requiring the formal
- p. 662 Sec. 74-172. Conviction and forfeiture; false,
- p. 701 Sec. 74-222. Conviction and forfeiture; false,
- p. 717 Sec 78-29 Sign. Section revised and moved to general sign provisions. The location and
- Legal Services
- Engineering & Architecture
- p. 72-75 Division 2. Interim Proprietary and General
- Legal Services
- p. 721-722 Sec. 82-7. Prohibited acts.(a)(1) Added clarifying language to avoid vagueness and overbroad issues.
- p. 723 Sec. 82-34. Nonexclusive permitting process
- p. 725 Sec. 82-35. Exclusive franchise agreement.(
- p. 726 Sec. 82-37 Use of franchise services
- p. 737 Sec. 86-65 (p. 6) Edited to comply with city's Debt Management Policy.
- p. 745-748 Articles, I, II & III re: sidewalks Under revision.
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Construction (Other)
- Engineering & Architecture
- p. 748-756 Article IV. Newsrack Code This article is challengeable as it conflicts with First Amendment protections
- p. 756-759 Deleted Article V. Added language that parades require a special event
- p. 761 Sec. 90-157, Additional enforcement(a)
- p. 765 Sec. 90-161. Liability and insurance(b)(4) Best’s Key Rating Guide was discontinued in 2022,. Changed to new service,
- p. 771 Sec. 94-1. Tax on casualty insurance
- p. 771 Sec. 94-2. Tax on property insurance
- p. 772-774 Sec. 94-32 and 94-34 Updated to "local business tax recepit" to comply with F.S. ch. 205.
- p. 776 Sec. 94-39 . Duties of tax receipt
- p. 777 Sec. 94-40 Transfer of tax receipt (b)(2). As currently written, this is compliant with state law only if the annual
- p. 780 Sec 94-43. Schedule Some categories (e.g., “Escort service,” “Telephone solicitor”) have
- p. 794 Sec. 98-2. Definitions -Traffic Division Changed "traffic division to "traffic unit"
- p. 806 Sec 98-142 Parking at Lake Baldwin Deleted. No fee to park at Lake Baldwin Park.
- p. 807-808 Sec. 98-144 Use of proceeds from parking
- p. 812 Sec. 98-188. Enforcement (disabled or
- p. 812 Sec. 98-190. Disposal of vehicles; entrance
- p. 820
- p. 820-821 Sec. 102-30 Expenses and records. Changed department from public works to water and wastewate utilities
- p. 821-824
- p. 825 Sec. 102-59. Charges for meters and service
- p. 827-828
- p. 83 Sec. 6-1. Use of streets & sidewalks for
- p. 83 Sec. 6-2, Placing signs on surface of streets
- p. 83 Sec. 6-3. Posting on trees, poles or public
- p. 83 Sec. 6-4, Posting advertisement on
- p. 83 Sec. 6-5, Distribution of handbills Outdated terminology. Updated definition of Handbill. Changed "dodger" to
- p. 84 Sec. 6-5 (b) Name & Address of distributor Requiring name and address of distributor is unconstitutional under the First
- p. 84 Section 6-6, Pasting advertising matter on
- p. 85 Sec. 7-2 Definitions Changed Film Commissioner to Orlando Film Commission and Orlando
- p. 86 Sec. 7-3 Film Commissioner Inconsistency between 7-7 and 7-3 regarding issuance of permits. Sec. 7-3
- p. 87 Sec. 7-5. Filming Requirements (5) and (6) Courts have consistently held that visibility alone does not justify banning
- p. 87 Sec. 7-7 City Manager Duties Revised to reflect the film commissioner issues the permits after city
- p. 874 Sec 110-1 Reciprocity of vehicle-for-hire
- p. 874 Sec.110-121. Required Edited to comply with the new F.S. § 320.0603.
- p. 875 Sec. 110-31. Driver’s permit Edited to comply with the new F.S. § 320.0603.
- p. 883 Sec. 110-97. Requirement for operation of
- p. 884 Sec. 110-98. Compliance with safety
- p. 885 Sec. 110-103. Nonresident owners Deleted. Unenforceable under F.S. § 163.211 and interstate commerce
- p. 888 Sec. 110-136. Required Deleted. Implementing a city-level occupational license for drivers, which is
- p. 888 Sec. 110-137. Reciprocity with City of
- p. 888-889 Sec. 110-138. Application; issuance. Deleted. Implementing a city-level occupational license for drivers, which is
- p. 889 Sec. 110-139. Altering Deleted. Implementing a city-level occupational license for drivers, which is
- p. 89 Sec. 7-10. Approval Criteria (1) Updated to avoid risks violating due process and equal protection by allowing
- p. 89 Sec. 7-10. Approval Criteria (5) Deleted vague and subjective standard, as it raises First Amendment
- p. 890 Sec. 110-140. Display Deleted. Implementing a city-level occupational license for drivers, which is
- p. 92 Sec. 10-1. Definitions Updated "Adult congregate living facility" "Assisted living facility" to comply
- p. 93 Sec. 10-31. Inspection and search of
- p. 94 (7) Permit suspension (d), (f) Edited to remove vague or subjective criteria without clear standards as this
- p. 94 (b)(1) Deleted outdated language.
- p. 95 (7)(g). (p. 6) Edited to avoid vagueness and overbroad issues and to avoid issues of
- p. 97-98 Sec. 10-34. Location of vendors near school
- p. 98-101 Sec. 10-46 through 10-55 Deleted. DBPR is now the sole licensing authority. Per City Attorney: These
- Legal Services
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