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Pasco Countymeeting record

PDE-25-0425

Published agenda

3 appearances between Aug 21, 2025 and Sep 16, 2025, at 2 boards.

OutcomeNo action by the Board of County Commissioners on Sep 3, 2025
No action was required as this was the first Public Hearing. The Adoption Hearing was scheduled for the September 16, 2025 Board of County Commissioners meeting in New Port Richey.

Official title

An Ordinance by the Pasco County Board Of County Commissioners Amending the Pasco County Land Development Code; Amending Chapter 100 to Create Section 106.6, Amendments After August 1, 2024; and Other Sections, as Necessary, for Internal Consistency; Providing for Applicability; Repealer; Providing for Severability; Inclusion Into the Land Development Code, and an Effective Date.

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Aug 21, 2025 → Sep 16, 2025 · click a mark to jump to that appearance

Every appearance3 of 3 are in a recording

Each appearance carries the official title above. Where the county’s wording changed, the change is marked: added and removed. Steps with no marks were worded identically.

TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 71% of 270 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

  1. 1
    Planning CommissionPC4Public hearingNo disposition in the minutes

    An Ordinance by the … Code, and an Effective Date. Date

    Open this item →
    34m
    Unidentified speakerVoice A

    Item PC four is PDE twenty five zero four two five an ordinance amending Pasco County Land Development Code Chapter one hundred, creating section one hundred six point six presented by staff.

    Unidentified speakerVoice B

    Good afternoon, Planning Commission. Rebecca Bogue, Planning Development, Economic Growth. Here today to present item PDE 250425, Section 106.6, amendments to the LDC. And I do have a presentation.

    So on July fifteenth, the Board of County Commissioners uh considered the applicability of Senate Bill 180 on the county's ability to propose, adopt, or enforce any new regulations following a hurricane.

    At that meeting the board directed the county to proceed with business as usual, um, except for imposing any new regulations that could be considered more restrictive or burdensome on properties that have been damaged by a hurricane. So in furtherance of this direction, um section we are proposing section 106.6, creating amendments after August 1, 2024. This amendment essentially states

    that the county will not impose any new any new LDCs that could be considered more restrictive or burdensome. on properties that have been damaged by a hurricane until October 2nd, 2007, or one year after a hurricane that resulted in a federal disaster declaration. This would also apply to resolutions, manuals, or written procedures.

    This slide is of the actual text. And then our recommend that the local planning agency find the proposed amendment consistent with the comprehensive plan.

    Pasco County

    Mr. Chairman to this? Yes. Go ahead. Um so we are working on Um Mr. Moody sent me an email and I thought he raised a very good point, which is Yeah.

    Unidentified speaker

    Sure.

    Pasco County

    The law and doesn't really clarify what is a property damage by a hurricane, but we do have a database. The Building and Construction Services Department maintains a database. of properties that were damaged by hurricane and so We likely will add a definition to what that means, property damage by hurricanes, that refers to those databases um because we are able to track we do track them by partial ID, so th the there there will be an additional language added

    to this that defines what property dam which properties are damaged by hurricane. We're just not we don't have that finalized yet because we're working with the DCS on how exactly to define what that means.

    Unidentified speakerVoice C

    Okay.

    Okay. Anyone else up here?

    Pasco County

    And I'll thank Mr. Moody for that.

    Unidentified speakerVoice C

    Thanks, John. Thank you.

    Unidentified speakerVoice D

    So one question I've got is w so are we then exempting Buildings that are built after on a new land development code, did not have to comply to that. If they're later damaged, so they go back to the two thousand four when they're being reconstructed?

    Pasco County

    So what this is saying is that First of all, you're not exempting them from the entire code. Right. You're exempting them from only any regulations that are considered more restrictive burdensome that were adopted after August first of twenty twenty four. So And it's only for a period of time. Sort of a pause. But so I'm not sure if I understand your question.

    Unidentified speakerVoice D

    It I mean it's it's it's a short period, but I'm I'm just thinking if s if a property's developed based on the land development code

    after the August first date, say next year than is damaged in a hurricane, is the reconstruction of that building now held to the lesser standard of the old

    Pasco County

    hurricane hits It re-triggers this Code provision. In other because what it says is it's to the later of October second, twenty twenty seven, or one year after Hurricane makes landfall in Pasco, whichever occurs later. So So let's just say a a property were built

    Another hurricane hits us. then for one year after that this provision applies again.

    Unidentified speakerVoice C

    It has to make landfall in Pasco to retrigger?

    Pasco County

    Within a hundred miles of p any part of Pasco County. And a disaster dec declaration as well, right? Which almost always happens if if a hurricane is may landfall in Pasco, we almost always get a federal disaster declaration. But Does that answer your question?

    Unidentified speakerVoice D

    I'm just reading the text again. Sorry. Um

    Pasco County

    In essence if if a property gets repeatedly damaged by a hurricane This provision could continue to I guess arguably assist them for more restrictive more burdensome regulations. If we got hur hit with a hurricane every year, it would just re trigger every year.

    Unidentified speakerVoice D

    Right.

    So that's on that that's on so if there's a newer building that's built after this, it gets triggered again, are they held to a less burdensome standard? than they were actually built under.

    Pasco County

    So

    You're talking about okay, so it was it's built

    after uh it's built after aug august first, twenty twenty four. And before October second, twenty twenty seven?

    Unidentified speakerVoice D

    Right.

    Pasco County

    And then it gets damaged again by another hurricane? Or

    Unidentified speakerVoice D

    if it doesn't exist now, it gets built under the more burdensome

    Pasco County

    code is damaged, is it then? If it gets damaged again.

    And they're trying to rebuild after being damaged again, they would have the benefit of this provision again. In other words, every time a hurricane comes through and damages a building for at least one year after that happens they'd have the benefit of this provision.

    The the one exception to that is for the hur the hurricanes that just hit us last year, the pause goes to October second, twenty twenty seven. It's not a year, it's longer than a year.

    Good. Every time the property gets damaged it. potentially triggers this happening again.

    Am I making

    Kavan I have a

    Unidentified speakerVoice D

    question.

    Jaimie GirardiVice Chair

    The language says shall not apply to the construction, reconstruction, or redevelopment of any property damaged by a hurricane. You're presupposing that a n undeveloped property cannot be damaged by a hurricane?

    Pasco County

    So this goes to the definition of what is property damage by hurricane and I've spoken to our BCS department. That definition will clarify that it's damage to structures, because that's what we track in terms of And I believe that what likely was the legislative intent is that you're trying to protect dam those property owners that had structural damage from the hurricane if they're trying to reconstruct or redevelop that property. Um I

    don't believe the intent was that it was applying to just vacant land. But the definition When we define property damage by hurricane, it will be limited to structural damage that's recorded in our database of Yeah. Damage by hurricane.

    Okay.

    I mean if I read the legislative history of this bill, all of the discussion is about helping those that were that had their homes or businesses damaged by A hurricane.

    I do not believe there was any intent to help A vacant landowner.

    Unidentified speakerVoice C

    So David, just a general question and I mean, is the purpose of needing to do this amendment is just To provide some provision to the county. I mean w as far as Senate Bill one eighty goes, was it is there questions on the what it applies to? Is that why this has to be

    Pasco County

    put in place?

    The law is Not clear at all. Um so but we believe this interpretation is consistent with the legislative intent and it's the only interpretation that would be constitutional. Um so that's one reason we're codifying it.

    Jaimie GirardiVice Chair

    And and I understand if you're not, are you at liberty to explain why you think that's the only way it can be constitutional.

    Pasco County

    Because I think if it was interpreted in any any other manner it would violate single subject requirements, it would be arbitrary and capricious and violate constitutional requirements for standing. I can send you the case law. There's we have the w there's a we've drafted some whereas clauses that I don't think those made it to the Planning Commission, right?

    Unidentified speakerVoice B

    No.

    Pasco County

    But they're part of the WHERES clause for the ordinance that explain that. But that's the short version of The bottom line is this act it was it was an act related to emergencies and emergency management. So If the property was not damaged by hurricane, Those are the only people that were affected by the emergency. Anybody else was not affected by the emergency if they were not damaged by the hurricane.

    There's a general rule that you your law has to match the title of your law and the subject of your law and it can't be arbitrary and capricious.

    Jaimie GirardiVice Chair

    So

    I'm not sure

    Pasco County

    I agree. Where'd you get your law degree, Mr. Moody?

    Jaimie GirardiVice Chair

    I knew that was coming.

    I'd

    Pasco County

    like to see your constitutional analysis.

    Jaimie GirardiVice Chair

    I'm not. An example. I may business owner and my power was out for three weeks. Was I damaged?

    Pasco County

    I think it this this is d this law is dealing with somebody trying to construct, reconstruct, or redevelop after a hurricane. So Presumably you need to have some structural damage to your

    Have been affected. You may have lost money. as a result of the hurricane. But but but but but that doesn't mean you were Damaged by the hurricane.

    Go ahead.

    I mean, but more importantly, you have to look at what this law is. It's dealing with regulatory amendments. Our our regulations aren't affecting the loss of power anyway. What our regulations affect is your ability to redevelop, construct, reconstruct your business. And so I think the legislature was trying to stop us from making it more difficult for you to Reconstruct your business. If your if your house was damaged, your business was damaged, if we the legislature did not want us to make it

    more difficult for somebody who

    Jaimie GirardiVice Chair

    I'm sitting here looking at the text of S B one eighty, and if any of you want a copy, I got it here. And I not my intent to get in debate with the County Attorney's Office.

    Pasco County

    I'm happy to debate it with you.

    Jaimie GirardiVice Chair

    Your duty as the county attorney is to represent the Board of County Commissioners and I understand that and if the Board of County Commissioners wants to attempt to sidestep and or circumvent Senate Bill one eighty or come up with a creative interpretation of what Senate Bill one hundred eighty is, that I understand that that's your obligation to try to defend that position. So I don't wish to get into some kind of debate Over with you. about that.

    I'll just say this.

    In Florida. The law requires that you come to a complete stop at a red light before you turn right. Okay. Every day we see people that roll through red lights. But and maybe they disagree with the law that they needed to stop. The other morning I was on my way down nineteen and a school bus stopped. and its stop signs came out, its red lights were flashing. And there were no kids, no parents, and

    there were three lanes of US nineteen backed up waiting for this school bus, but it's not proper for me to go around the bus. The law stops me from doing that. I don't get to pick and choose whether the situation fits my my need.

    And I'll just say for that particular reason I wouldn't be supportive of this language and I'll say something else and I'm not speaking to you. I'm speaking to the board when I say this. We spend a lot of money Paying lobbyists. To go to Tallahassee to seek earmarked appropriations for Pasco County.

    Do we not think we're going to draw the ire of the legislature who passed this bill? With only two dissenting votes in the House and one dissenting vote in the Senate.

    I mean, that's a pretty good majority of the State's House of Representatives and State Senate. that voted in support of this bill and we're going to go ask them for money and at the same time kick them in the teeth and our own local legislative delegation All of them. voted for this bill. They can choose to do that. I'm advising that I don't think that's smart politics. I copied you on a letter. I have no idea whether

    you knew that letter existed, but Orange County attempted to change its comprehensive plan. and the Florida Department of Commerce citing Senate Bill one eighty. rejected it ab initio, as is the language In The statute. And I don't understand why we think we're going to be treated Any differently? Like I said, I don't want to get into a legal argument here. I'm looking at Do

    we really want to kick sand in the face of the governor and our Legislature. I'm just not thinking that's a smart idea. That's just my personal opinion. And

    Pasco County

    That's not okay, so that's not a legal analysis, that's a policy issue. But

    Jaimie GirardiVice Chair

    but but but that's what I'm saying, because this is a policy issue by the board.

    Pasco County

    I

    Jaimie GirardiVice Chair

    don't want to get into a legal

    Pasco County

    debate about it.

    And so they have a duty to apply laws in a constitutional manner. And in my opinion this definit this interpretation of the law applies the law in a constitutional manner. Your policy point is well taken, but we've asked Some of the legislatures who voted for this bill. They thought they were voting for this.

    I think it it's it's probably poorly drafted. Wrwiła. We've asked multiple legislators, our lobbyists asked multiple legislators. What did they think they were voting for? They thought they were voting to protect properties that were damaged by a hurricane.

    They do not want to make things more that if somebody went Sustained damage by hurricane. They didn't think it should be more difficult for them to have to rebuild their homes, rebuild their businesses owing that damage. And I if you you You w do you go ask all those people who voted for it? What they thought they were voting for I bet you ninety-five percent of them th would agree that's what they thought they were voting for. I I would hope

    Jaimie GirardiVice Chair

    that

    Pasco County

    poking our eye of anybody's eye.

    Jaimie GirardiVice Chair

    I would hope that they're I would hope that our Local legislative delegation isn't like the Democrat Party while passing the Affordable Care Act and that you don't get to know what's in the bill until after we pass the bill. It's only Twenty eight pages, I'm sure they're capable of reading the twenty eight pages that is Senate Bill one eighty.

    Pasco County

    Actually this bill m got this language got inserted in this bill on the last day of the session. At the basically the eleventh hour. I'm not sure how many of the legislatures actually took the time to read it and debate whether what its intent was. So while I would normally agree with you that we shouldn't poke the legislature because that there's that bad idea. I don't think that the legislature intended to have the law apply beyond properties damaged by

    hurricane.

    Jaimie GirardiVice Chair

    Then would should we not allow the legislature to go back and fix its

    Pasco County

    Yeah we and we have we have a legislative proposal to the legislature to do that very thing. The problem we have is that in the interim. This is a retroactive law. I understand that. We have we have regulations, and this was to Mr. Gerardi's point why we're doing this. We have regulations that we already adopted after August.

    now and whenever the legislature might fix it to implement the law. We're implementing the way we think the legislature intended and the way that we think is constitutional. And we do w our bo our own board doesn't want to make things more difficult for somebody who was actually damaged by hurricane. So we do think they should be exempt even from the regulations we adopted after August first of twenty twenty four.

    Jaimie GirardiVice Chair

    I understand that. And that's a policy decision. They can make. I'm just telling you for me, speaking for myself. And I'm not trying to claim that I have higher or better morals than anybody else. Just for me. I'm looking at what the plain text of the law says. And I have no wish or desire to violate that. I would also say and I'm sure you'll have some legal defense

    for this, but I looked up For what reasons can the governor remove a county commissioner or one of us planning commissioners? from this position and misfeasance is one of those. Then I had to go do a whole bunch of AI research as to what constitutes misfeasance.

    And I would I'm not sure if you're reasonably convinced That that Passing this may constitute A misfeasance. be careful not to say the word malfeasance, it's misfeasance, but I speak only for myself. This is just something I'm not comfortable supporting. I Have No problem with the rest of the board if they want us Agree to this I don't judge anybody for that. Just for

    me this is something I Can't recommend.

    Pasco County

    That's your prerogative. I'm just saying you have not re you have not reviewed the case law on I

    Jaimie GirardiVice Chair

    not here to get in a legal arg debate with you, David. That's not my not my place here. And I understand what your place is and I respect that.

    Pasco County

    But if you look at the entire law and you have it right there, the real remedy No, I actually have the only

    thing.

    If we violate it, is that somebody could sue us and get attorney's fees for implementing for not applying it properly. Um the county, the Board of County Commissioners is the one that assumes that liability, not Planning Commission members.

    Jaimie GirardiVice Chair

    No, I understand that. I don't wish to commit what I think. can be considered a misfeasance.

    Pasco County

    That's why we're all here.

    Jaimie GirardiVice Chair

    And there's never going to be a hundred percent unanimity on every issue. Sometimes we are in lockstep, sometimes there are split votes, and that may be what happens here today. I'm just telling you where I personally am at.

    Unidentified speakerVoice C

    Okay.

    Well obviously I I mean I I I don't know a lot of the details and it de I definitely am not gonna get into any kind of debate, but I mean, I know other counties and other county attorneys have taken a c position contrary to the can to Pasco's on this ordinance. I know there was something just either last week or this week as far as moratoriums and compliant amendments, etc. that

    So I mean we kind of get put in a spot here where this is something we're asked to vote on, but we don't really I mean that that's way above my head. I guess we're gonna be able to do that. Well we went

    Pasco County

    to we went to our board and Rebecca summarized it. We went to the board and asked the board w what position do they want to take on this bill. And this was the direction we got. This implements the board's direct

    Jaimie GirardiVice Chair

    yeah and

    Pasco County

    I

    Jaimie GirardiVice Chair

    just

    Pasco County

    for

    Jaimie GirardiVice Chair

    clarification, I'm looking at this as My role at the Planning commission is not to make policy, it's only to make a recommendation to the Board. My personal recommendation is that you adhere to the law and that you take advantage of the opportunities that's in the law. I mean th th the law lays out a a procedure if a city or county has a question about one of its regulations, they can go to a court of competent jurisdiction

    and seek some type of ruling on it. There's a path. Th there's other opportunities. If they're if you're worried about the constitutionality you could you know, sue the legislature, I guess, and try to get to the Florida Supreme Court so that you can review the constitutionality, but I'm just I can't in good context.

    Pasco County

    Remind me what y let me remind you what your statutory duty is as it relates to this amendment, which it may give you some comfort.

    make an opinion about whether this law is legal or not, whether it's constitutional or not. Your sole duties determined is it inconsistent or consistent with a comp plan? I don't even not sure if this is a complan issue. No,

    Jaimie GirardiVice Chair

    I don't know when we look at the new comp plan later today, how do I determine if it's consistent with the comp

    Pasco County

    I could I could I could tell you when the comp plan the comp plan has a similar issue when we do the update, but There likely would be similar language in the Com Plan when that comes forward. But The comp plan that's in effect today doesn't even address this issue.

    Jaimie GirardiVice Chair

    Well then how can I determine whether that's consistent with a comp plan that doesn't

    Pasco County

    Well I don't think you can say it's inconsistent with a comp plan.

    If it is, you'd have to tell me where what provision of the compliance is inconsistent with.

    My point is that if you somebody tried to accuse you of malfeasance, I think you could say my only duty was to determine whether it was inconsistent or consistent with a complaint, not whether It With good policy, illegal, unconstitutional, any of those things.

    Jaimie GirardiVice Chair

    I understand your position.

    Pasco County

    So

    But To Mr. Dorothy's point. I think that the the various county attorneys and city attorneys are still evaluating how they want to deal with this Right. I could tell you that Pasco is not alone in taking this position. I've already spoken to other counties that have taken a similar position.

    Unidentified speakerVoice C

    Anybody else?

    Pasco County

    Okay.

    There's other counties that have also also implemented the Live Local Act on its face. Casco has chosen not to do that.

    We may not be, you know, enforcing a law strictly as Mr Moody has interpreted it.

    Unidentified speakerVoice C

    Mm. There's not too many laws I read that are crystal clear.

    And I don't spend a lot of time reading them.

    Jaimie GirardiVice Chair

    I don't particularly like this legislation. I feel like

    the the legislature is stepping on Pasco County's ability to determine its own destiny. But at the end of the day I just feel like this is what the law says. I read the law I don't see where it says anywhere in here applies only to hurricane damaged properties. Maybe that was the intent, but that's not what's in the language, at least as I read it. But Again, I speak only for Me.

    Pasco County

    And I understand and you don't have the benefit of

    Three years of law school and twenty years of legal practice that I have, right? The arguments that I can make on it regarding its constitutionality.

    Unidentified speakerVoice C

    Kate, did did I already ask for public comment? Is there anybody else here to speak on this item?

    Thank you, Rebecca.

    Unidentified speakerVoice E

    Hi, William McCaw, uh [address removed]. Um good afternoon, Count uh Commissioners. My only concern is the language specifically addressing landfall within a hundred miles of Pasco County. Uh as landfalls defined, I think, is the m important thing. Helene didn't make landfall anywhere close to a hundred miles within Pasco County, and so I think There may be

    a change of language, such as if Pasco County declares an emergency in those situations. That's my only comment.

    Pasco County

    Yeah, well I may agree or not, that's that's straight out of that language is straight out of Cinnabil 180. Um no

    Jaimie GirardiVice Chair

    it's not actually. Okay, well then tell me because I got the lane here. All right. It says the Senate Bill 180 says within a hundred miles of the track of the hurricane, not where it last made landfall.

    Pasco County

    All right, well let me see.

    Jaimie GirardiVice Chair

    It's um

    Sorry, it's number one. Two fifty two four twenty two one.

    Pasco County

    Within one hundred miles of the track of a storm nuclear okay, so but then Two says for when you're after Hurricane makes landfall.

    Jaimie GirardiVice Chair

    Right. So the time clo the time clock st in my opinion, my non-lawyer, non-constitutional attorney opinion is that the plain language says that the time clock starts one year after the hurricane makes landfall. So the time clock didn't start while Helene was passing us along the coast. It started when it hit the easy.

    Pasco County

    Has

    Jaimie GirardiVice Chair

    This is the version

    Pasco County

    that the governor assigned.

    where the track of the storm

    Within one hundred miles of the track of a storm.

    Jon Moody

    But

    Pasco County

    you still have to have the landfall data in there, so Yeah, I mean it has to make landfall though, because otherwise it would never trigger it.

    I mean I guess that's the problem is is it

    Unidentified speakerVoice C

    one year after a hurricane has made landfall and the and the track is within a hundred miles, is that what

    Jaimie GirardiVice Chair

    That's what probably should say. Mr. Chair. I and I I'm only doing this not 'cause I want to debate this, just so that you guys have the language. I brought copies for you all if you would like copies.

    Pasco County

    No, I'm I'm open to changing this. I'm just trying to figure out how we change it. So Because I think it has to make landfall, otherwise it doesn't trigger two. Right. Yeah. So if so if a Yeah,

    Jon Moody

    it says for one year after a hurricane makes landfall an impact local government may not impose round up.

    Pasco County

    The issue is if it only We're steed in the Gulf. The reason it says landfall is because

    Jon Moody

    Yeah.

    Pasco County

    If it only stayed in the Gulf it would never trig number trigger number two. Like y the time period would never start start. So

    Unidentified speakerVoice D

    We suggest the language is mi minorly flawed.

    Pasco County

    So I so I guess

    Jon Moody

    the ironic thing is a hurricane can make a close call and then turn back out. But it's not never make landfall. Still do

    Jaimie GirardiVice Chair

    the language in your ordin the proposed ordinance, I don't want to call it yours, entirely your portion. Has made landfall within a hundred miles. I think the difference here is that they're actually trying to take into account what happened with Helene. That We were within a hundred miles of the track of that center of the hurricane and of course that put us in the wrong side of the wrong quadrant for storm surge and you know to get all of the wind from Milton even

    though it may not have actually made landfall on our coast. That's w that's the damage we suffered. But I would agree that according to this, the time clock doesn't start

    Pasco County

    after it makes

    Jaimie GirardiVice Chair

    landfall.

    Pasco County

    If the track of the storm is within one hundred miles of any portion of Pasco County? Yes. I think that would be accurate.

    It ha I think it has to make landfall though. I don't know how you can see

    Unidentified speakerVoice D

    the the track determines the area, hundred miles of the track, and then the landfall date determines when the time is the same.

    Pasco County

    Within

    Is last made landfall if the track uh after the word landfall say if the track of the storm is a very strong He's within one hundred miles of any portion of Pasco County.

    Jon Moody

    Or you can say i is within uh a hundred miles of any portion of Pasco County and has made landfall.

    Pasco County

    I'm fine with that too. I'm fine with either way either version. You're basically saying it needs to I think we're basically saying the same thing. It's gotta make landfall and it's gotta the track has to be within a hundred miles of Pasco County.

    I I get the point.

    I'm fine with that change. I don't think that's not a constitutional argument, Mr. Moody. That's just a Not

    Jon Moody

    here to make constitutional arguments.

    Christopher Poole

    Mm-hmm.

    Jon Moody

    In the bill it de defines impact of local government as somebody that's within a hundred miles of the track of the storm. And then for one year after the hurricane landfall and impact the local government may not propose or adopt. And then it goes into that.

    Pasco County

    Okay, so you Rebecca, are you clear on how you're

    Jaimie GirardiVice Chair

    redrafting that?

    Unidentified speakerVoice B

    Yes.

    Jaimie GirardiVice Chair

    And understand that it does say the word may not propose. Or adopt. It's okay.

    Not only is it they made it illegal to adopt, they've made it illegal to even think about it.

    Pasco County

    Well the the issue is that with that as you go through then in conjunction with seven twenty eight, some of this we already adopted. Right. if we already adopted it, it's you ca too late to not propose it if we already adopted it.

    Jaimie GirardiVice Chair

    I'm sure you'll have fun in front of the Supreme Court arguing all of these nuances.

    Pasco County

    I can't wait, Mr. Munich. You've got

    Jaimie GirardiVice Chair

    nothing else to do.

    Pasco County

    Yeah.

    Unidentified speakerVoice C

    Okay, is there anybody else here for public comment?

    Okay, do we have a motion?

    Jon Moody

    Thanks for bringing that up.

    Unidentified speakerVoice D

    Is eh an official motion?

    Anyone?

    Pasco County

    So again I'll remind you, your duty only duty here is to determine whether it's consistent with the comm plan or not. So you can you can make a motion finding it consistent with a comm plan even if you don't agree with any of the rest of it.

    Unidentified speakerVoice D

    I'll move that we find it consistent with the comp plan.

    Pasco County

    With the

    Unidentified speakerVoice D

    change.

    Pasco County

    Okay. I'll second.

    Unidentified speakerVoice C

    All

    right,

    we have a motion and then second.

    Pasco County

    Does that include us adding an additional change to define properties damaged by hurricane? Yes. Yeah. Okay. That

    Jon Moody

    we just discussed, yeah.

    Unidentified speakerVoice C

    Right.

    Okay, we have a motion and a second uh and no further discussion. All in favor? Aye. Aye. Opposed? Nay. Motion carries with Mr. Moody dissenting.

    Unidentified speakerVoice B

    Thank you.

  2. 2
    Board of County CommissionersP47Public hearingNo action
    Approved minutes

    No action was required as this was the first Public Hearing. The Adoption Hearing was scheduled for the September 16, 2025 Board of County Commissioners meeting in New Port Richey.

    Open this item →
    10m
    Kathryn StarkeyChair

    Aye. Okay, P forty seven.

    Kathryn StarkeyChair

    Stand by. All right, P forty seven was advertised in the Tampa Bay Times August thirteenth, twenty twenty five.

    Ron Oakley

    Uh item P forty seven is PDE twenty five oh four two five. This is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code, amending Chapter 100 to create section 106.6. amendments after August one, twenty twenty four. And other sections as necessary for internal consistency, providing for applicability repealer, providing for separability inclusion into the Land Development Code and an effective date. This is the first public hearing of the proposed Land Development Code amendment and we have a presentation.

    Unidentified speakerVoice B

    Okay.

    Unidentified speakerVoice F

    Yeah.

    Unidentified speakerVoice B

    Good afternoon, Board of County Commissioners, Rebecca Bow, Planning Development and Economic Growth. Here to present PDE 25 0425 Section 106 amendments of this code.

    Someone need to pull up the PowerPoint for me? Can you talk more into that microphone? Yes. Sorry, last time I felt like I was right there. No. Um I have a PowerP okay, here we go. So on July uh fifteenth, twenty twenty five, the board considered um How Senate Bill 180 would affect new regulations in Pasco County.

    Specifically those that have been affected by a hurricane.

    So as part of that conversation, um the county Board of County Commissioners directed the county to proceed with Business as usual, except where those any new regulations might affect a property damaged by a hurricane.

    So we're proposing section one oh six point six amendments after august first, twenty twenty-four.

    Microing.

    Thank you. Okay, so essentially what this uh amendment is saying is that Any new regulations that the county proposes are applicable across the county except where a property has been damaged by a hurricane, and that would apply to any code amendments, resolutions, manuals, or written procedures. Next slide. We took this item to the Planning Commission on August 21st, 2025, and They found it consistent with a

    comprehensive plan. They recommended adding some additional language to um to reflect Senate Bill eighty more appropriately regarding proximity, tract, and landfall, and then they recommended defining properties damaged by a hurricane.

    So this is the amendment we're proposing. The text in italics is the changes that were made post the local planning agency's recommendations. So as mentioned, this is the first public hearing and we're hoping for final adoption at nine sixteen.

    And that's it. I'm here for questions

    Kathryn StarkeyChair

    if you have them. Can you go back to the red typed screen and just let us peruse that just for a second?

    Seth WeightmanSecond Vice Chair

    Sure, who's the subject matter on this? David Goldstein? I

    Kathryn StarkeyChair

    think David is, yeah. And I listened to the planning committee committee discussion.

    Seth WeightmanSecond Vice Chair

    Yeah, I I think Chair, do we have a good audience here? How far yes, how far in depth do we want to talk about Senate Bill one eighty with hurricane season upon us and what what this is doing to uh put us in a better position with regards to the the state's new requirements.

    Unidentified speakerVoice G

    So as I explained to you at the last time this came up to the board, this legislation is not a model of clarity. In fact, I would say that Remember all the complaints we've had about Live Local, this is probably even worse in terms of how clear the the bill is. And it's subject to many competing interpretations. Um this change to the code effectively implements an interpretation that Senate Bill 180 is limited to properties damaged by hurricanes. I

    can't tell you definitively that a court's going to uphold that interpretation or not, but it it is consistent with what the board directed us at the last meeting in terms of how we should interpret Senate Bill 180. I will tell you that we do have a legislative proposal. Ralph has already submitted that to the Florida Association of Counties. It's going to be discussed, I think, at their next meeting. There's probably three or four other counties that have already joined our legislative proposal to clearly limit this the impact of this bill to properties damaged

    by a hurricane. And so this code amendment is consistent with what we're requesting that the legislature actually clarify in the law. Um so I believe that at least attempting to implement Senator Bill 180 in some form gives us a better defense if we're sued than just ignoring the law. There are some jurisdictions that are basically just choosing to ignore the law entirely. Um and I'm not sure it's going well for them or

    they're just implementing an affirmative lawsuit against the state, which I'm not sure that's gonna go. Well either we're just trying to set this up so that we can best defend any claims made under Standard Bill one eighty. Hopefully we get the legislature to fix the law so it's consistent with this Interpretation. Um But in the interim, we do have regulations on the book that are p books that are potentially affected. And so this is basically codifying an exemption for properties damaged by hurricane from those regulations.

    Kathryn StarkeyChair

    Um Commissioner, I was on the Florida Association of County's call yesterday where um it's the community um something something group, I don't know what what it's called there. I'm now a voting member of it, and this came up and um And yeah, there are some communities, counties who are just totally ignoring everything. But um for the most part, this is what most people think is what they meant. I mean that there's some I think it was in a a bill

    that happened at the very end and didn't get

    Unidentified speakerVoice G

    a

    Kathryn StarkeyChair

    chance to get

    Unidentified speakerVoice G

    And we had one of our lobbyists from Southern Groups actually spoke to the sponsor of the bill and Based on the conversation we had with him, we believe this the Senate sponsor did intend this was his intent when he asked this bill to be adopted. But there may be another different intent. I can't tell you definitively what the order because Commissioner Starkey's right, this is something that this language wasn't even in the final bill until the final day of the session. And it was something that the House put in that

    the Senate had previously objected to. So I can't tell you definitively what the legislature's intent was or how courts can interpret this law. But What I can tell you is the language we've drafted here is consistent with what the Board directed us to do when we brought the fire rescue impact fee to you for action, and it's consistent with the legislative proposal that we've submitted to FAC. And do I think it's a better it's easier for us to defend a lawsuit if we've implemented Senate Bill

    180 in some form? Yes, I do. I think that's a better way to defend the law than to just ignore it entirely.

    Kathryn StarkeyChair

    Yeah, it's not our I I just want to be clear, it's not our intent to ignore Sand Belt when even like something.

    Unidentified speakerVoice G

    Plus I

    Kathryn StarkeyChair

    it's I

    Unidentified speakerVoice G

    I have I have to believe that the our own board doesn't want to make things more difficult for properties damaged by a hurricane.

    Kathryn StarkeyChair

    Yeah, so this is for the most part most of the state's understanding of what is meant. And and that's kinda that's kinda speaks to how hastily potentially this was written and intent. So I'm I'm fine

    Unidentified speakerVoice G

    with this. Plus there is an argument to be made that this is the only constitutional reading of the law. And I don't want to bore you with constitutional theories, but um The whereas clauses of the ordinance do kind of get into that issue.

    Kathryn StarkeyChair

    I think I recall you chal doing some challenges at the Planning Commission on that.

    Unidentified speakerVoice G

    Commissioner Oakley, uh seemed to think he had a law degree, so I guess I had to uh

    Although this passed

    Kathryn StarkeyChair

    unanimously at the Planning Commission.

    Unidentified speakerVoice G

    Commissioner Moody actually voted against it, but the the rest of the Planning Commission didn't vote for it.

    Kathryn StarkeyChair

    There's a lot of things in that bill that are undefined.

    Unidentified speakerVoice G

    And that is one of our constitutional arguments is that it's it's incredibly vague.

    Kathryn StarkeyChair

    Yeah, it's yeah. Okay, um any other questions on this? All right, um this is a public hearing. It does anyone here wish to speak to what number are we? P forty seven.

    Is there anybody online to speak to people? No one online, no one signed signed up. up.

    Leisha Spencer

    Okay. Okay.

    Ron Oakley

    No actual reverse

    Unidentified speakerVoice H

    for free. Okay, here. Um

    Do you know the second hearing for this is? It seems it's written here.

    Kathryn StarkeyChair

    September 16th.

    Ron Oakley

    This the adoption hearing will be September sixteenth, twenty twenty-five.

    Kathryn StarkeyChair

    Oh here it is. It's and it's publicized. BCC adopted it. N P R on nine sixteenth, twenty twenty-five. A very, very important day. This is my birthday.

  3. 3
    Board of County CommissionersP78Public hearingNo disposition in the minutes
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    1m
    Ron Oakley

    So item uh P seventy eight was published in the Tampa Bay Times on August thirteenth, twenty twenty five.

    Amanda Hill

    P seven eight, an ordinance by Pasco County Board of County Commissioners, amending the Pasco County Land Development Code. Amending chapter one hundred to create section one hundred and six point six. amendments after August 1st, 2024, and other sections as necessary for internal consistency, providing for applicability, repealer, providing for severability, inclusion into the Land Development Code, and an effective date. Staff is available to share a presentation with you if you'd like.

    Kathryn StarkeyChair

    Does anyone need a presentation? No?

    Ron Oakley

    No.

    Kathryn StarkeyChair

    Okay, um this is a public hearing. Does anyone want to speak to this?

    Ron Oakley

    There's no one on there's no one online for this item. Okay. Second. All in favor? Roll call. Roll call, I'm sorry, roll call. District one, Commissioner Oakley. Aye. District two, Commissioner Weightman. Aye. District four, Commissioner Yeager. Aye. District five, Commissioner Mariano.

    Kathryn StarkeyChair

    Aye.

    Ron Oakley

    District three, Chairman Starkey.

    Okay.

    Amanda Hill

    Rules. What's on? I believe P seventy nine is the next number, but that's for the public hearing.