COUNCIL AGENDA ITEM
SUBJECT:
title
Resolution No. 2025-R-13; Provide direction regarding legal issue of whether building code fees may be used to purchase flood gauge equipment.
body
DEPARTMENT:
City Attorney
SUMMARY:
The Development Services Director has asked whether, pursuant to § 553.80(7)(a), Florida Statutes, the City of Edgewater may purchase flood gauge equipment, using building code fees, to place in the Florida Shores subdivision to ascertain a base flood elevation so that in the future the City is able to accurately enforce the elevation requirements within the Florida Building Code and whether purchasing flood gauge equipment would fall under the permitted use of “upgrading technology hardware and software systems to enhance service delivery” pursuant to § 553.80(7)(a)(2). In the absence of case law or previous Attorney General opinions on this matter, the City Attorney would like authorization from the City Council to request the opinion of the Attorney General.
BUDGETED ITEM: ☐ Yes ☐ No ☒ Not Applicable
BUDGET AMENDMENT REQUIRED: ☐ Yes ☐ No ☒ Not Applicable
RECOMMENDED ACTION:
Approve Resolution 2025-R-13 directing City Attorney to submit a request to the Florida Attorney General for an opinion.