§ 134-332. Legislative findings.

(a)

The Florida Constitution, Article VIII, Section 1(g) provides that the charter of charter counties "shall provide which shall prevail in the event of conflict between county and municipal ordinances"; and

(b)

Section 2.04 of the Pinellas County Charter, s. 1, as adopted by the Florida Legislature and approved by a vote of the Pinellas County electorate on October 7, 1980, as amended ("Charter"), provides for all special and necessary powers of the county to provide certain enumerated services and regulatory authority; and

(c)

Section 2.04 of the Charter provides, "when directly concerned with the furnishing of the services and regulatory authority [in certain specifically enumerated areas], county ordinances shall prevail over municipal ordinances when in conflict"; and

(d)

Section 2.04 of the Charter provides for countywide control over the development and operation of county owned facilities and properties that relate to the provision of the following governmental services and regulatory authority:

(1)

Development and operation of 911 emergency communication system.

(2)

Development and operation of solid waste disposal facilities, exclusive of municipal collection systems.

(3)

Development and operation of regional sewage treatment facilities in accordance with federal law, state law, and existing or future interlocal agreements, exclusive of municipal sewage systems.

(4)

Acquisition, development and control of county-owned parks, buildings, and other county-owned property.

(5)

Development and operation of public health or welfare services or facilities in Pinellas County.

(6)

Operation, development and control of the St. Petersburg-Clearwater International Airport.

(7)

Implementation of animal control regulations and programs.

(8)

Development and implementation of civil preparedness programs.

(9)

Production and distribution of water, exclusive of municipal water systems and in accordance with existing and future interlocal agreements.

(10)

All coordination and delivery of municipal services in the unincorporated areas of the county.

(e)

The Local Government Comprehensive Planning and Land Development Regulation Act ("Act"), specifically F.S. § 163.3171, reserves to charter counties authority for planning and land development regulation to the extent provided for in the county charter; and

(f)

In order to limit any disruptive effects of a county exercise of this existing charter authority, the county herein declares its policy in regard to those properties of countywide importance it wishes to continue preemptively regulating and leaves other county-owned facilities to county regulation by interlocal agreement with the applicable municipality, where appropriate, or as otherwise provided by law.

(Ord. No. 18-36 , § 3(Att. A), 10-23-18)