2025-R-13 - Requesting AG Opinion RESOLUTION NO 2025-R-13
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; INSTRUCTING THE CITY ATTORNEY TO
REQUEST AN OPINION OF THE ATTORNEY GENERAL
ON THE MATTER OF WHETHER THE CITY WOULD BE
AUTHORIZED TO PURCHASE FLOOD GAUGE
EQUIPMENT USING BUILDING CODE FEES UNDER
SECTION 553.80,FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, a question has arisen as to 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 a 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-te0nology
hardware and software systems to enhance service delivery"pursuant to § 553.90(7)(a)(2); and ,
WHEREAS, the City Council recognizes that, in the absence of case law of previous
Attorney General opinions on this matter,the opinion of the Attorney General is necessary.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Edgewater
Florida,as follows:
SECTION 1. The City Council hereby instructs the City Attorney to submit a request to
the Florida Attorney General for an opinion on the following questions:
A. Pursuant to §553.80(7)(a),Florida Statutes,may the City of Edgewater
purchase flood gauge equipment,using building code fees,to place in a
subdivision within the City to ascertain a base flood elevation for the
subdivision so that in the future the City is able to accurately enforce
the elevation requirements within the Florida Building Code?
B. Would purchasing flood gauge equipment fall under the permitted use
of"upgrading technology hardware and software systems to enhance
service delivery" pursuant to § 553.80(7)(a)(2)?
2025-R-13 1
SECTION 2. Severability and Applicability. If any portion of this resolution is for any
reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holdings shall not affect its
applicability to any other person, property, or circumstance.
SECTION 3. Effective Date. This resolution shall become effective immediately Upon
passage and adoption.
PASSED AND DULY ADOPTED this 19'tday of May, 2025.
7,
Diezel Depew, mayor
ATT E"$T
Bonnie Zlotnik, Qt Clerk
APPROVED AS TO FO AND LEGALITY:
Aaron R. Wolfe, Ey t 0 rney
2025-R-13 2