Coversheet

Item Coversheet

ITEM 7.
PUBLIC HEARING - 9:30 AM


AGENDA ITEM REPORT

DATE:	December 7, 2021
DEPARTMENT:	County Attorney
REQUESTER:	Amanda Swindle
TITLE:	2nd Public Hearing: Ordinance Amending LDC Chapters 33 and 34 - Mobile Food Vendors

I.	MOTION REQUESTED
	Conduct second public hearing to adopt an ordinance amending the Lee County Land Development Code, Chapters 33 and 34, to provide limited regulation of mobile food vendors.

II.	ITEM SUMMARY
	The proposed revisions will establish county-wide regulations of mobile food vendors that are in compliance with the State's preemption law, including to define locations and provide standards of operation while mitigating impacts to surrounding locations.

III.

BACKGROUND AND IMPLICATIONS OF ACTION

	A)	Board Action and Other History
		During the 2020 state legislative session, Florida Statutes section 509.102 was enacted as a preemption of local government regulation of mobile food vendors. While prohibiting the county from regulating the permitting, licensing, or registration requirements for mobile food vendors, the statute does allow the county to enact certain limited regulations. On October 5, 2021, the Board of County Commissioners authorized the crafting of food truck regulations that could be applied County-wide. Staff developed the attached draft regulations, working from regulations from other jurisdictions and from Lehigh Acres, while attempting to be consistent with recent state legislative limitations on local regulation of food trucks. These amendments were reviewed and recommended by the Land Development Code Advisory Committee on November 12, 2021, the Executive Regulatory Oversight Committee on November 10, 2021, and the Local Planning Agency on October 25, 2021. On November 16, 2021, at a 5:00pm hearing, the Board forwarded the Ordinance to this second and final public hearing. Satisfies the Board policy to hold two public hearings to amend allowable uses under the LDC.

	B)	Policy Issues

	C)	BoCC Goals

	D)	Analysis

	E)	Options

IV.

FINANCIAL INFORMATION

	A)	Current year dollar amount of item:	No funding required.
	B)	Is this item approved in the current budget?	N/A
	C)	Is this a revenue or expense item?	N/A
	D)	Is this Discretionary or Mandatory?	N/A
	E)	Will this item impact future budgets? If yes, please include reasons in III(D) above.
	F)	Fund: Program: Project: Account Strings:
	G)	Fund Type?
	H)	Comments:

V.	RECOMMENDATION
	Approve

VI.	TIMING/IMPLEMENTATION

VII.	FOLLOW UP

ATTACHMENTS:
Description	Upload Date	Type
FAIS Form	11/9/2021	Backup Material
Mobile Food Vendor Ordinance	11/18/2021	Ordinance
Mobile Food Vendor Ordinance - Staff Comments	11/18/2021	Backup Material

REVIEWERS:
Department	Reviewer	Action	Date
County Attorney	Wesch, Richard Wm.	Approved	11/9/2021 - 4:23 PM
Budget Services	Henkel, Anne	Approved	11/18/2021 - 7:01 AM
Budget Services	Winton, Peter	Approved	11/18/2021 - 11:05 AM
County Attorney	Swindle, Amanda	Approved	11/18/2021 - 1:47 PM
County Manager	Salyer, Glen	Approved	11/19/2021 - 8:25 AM