Submitted By: William E. Sexton, City Attorney
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Presentation By: William E. Sexton
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Department: City Attorney
FORMAL TITLE:
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Adopt Resolution 2025-35 designating an administrative authority to receive, review, and process plat or replat submittals; designating an administrative official responsible for approving, approving with conditions, or denying proposed plats or replats
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Prior to 2025, Section 177.071, Florida Statutes (ATTACHMENT 1), required that plats or replats submitted to municipalities such as the City of Ocala be reviewed, approved, approved with conditions, or denied by the governing body of the municipality (City Council).
Earlier this year the Florida Legislature passed Senate Bill 784 (SB 784) (ATTACHMENT 2) which made modifications to the requirements of Section 177.071, Florida Statutes, so as to require that municipalities designate an administrative authority to receive, review and process plat and replat submittals and that municipalities further designate an administrative official to be responsible for the approval, approval with conditions or denial of plat or replat submissions. The Governor signed SB 784 and it became effective July 1, 2025.
SB 784 specifically required that the governing body make the aforementioned designations through the adoption of an ordinance or a resolution.
Following internal meetings and discussion, as well as the review of the determinations made by other Florida cities and counites in response to SB 784, staff has determined that it would be appropriate for Council to designate the Growth Management Department as the administrative authority to receive, review and process plat or replat submittals and to designate the City Manager, or the Assistant City Manager should the City Manager so designate them, as the administrative official responsible for approving, approving with conditions or denying proposed plats or replats.
The Resolution (ATTACHMENT 3) presented to Council with this agenda item complies with the requirements of Section 177.071, Florida Statutes, as amended by SB 784 and makes said designations.
FINDINGS AND CONCLUSIONS:
Staff for the City of Ocala, Florida, finds, determines, and concludes that approval and adoption of Resolution 2025-XX:
• Ensures compliance with the requirements of Florida law, specifically through making the designations required by Section 177.071, Florida Statutes, as amended by SB 784;
• Does not result in a significant impact on the finances of the City of Ocala, Florida;
• Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The proposed Resolution 2025-XX was drafted by and has been reviewed and approved as to form and legality by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve Resolution 2025-XX as presented;
• Table for Consideration at a later date
• Not approve Resolution 2025-XX as presented.
RESOLUTION 2025-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA DESIGNATING AN ADMINISTRATIVE AUTHORITY TO RECEIVE, REVIEW AND PROCESS THE PLAT OR REPLAT SUBMITTAL; DESIGNATING AN ADMINISTRATIVE OFFICIAL RESPONSIBLE FOR APPROVING, APPROVING WITH CONDITIONS OR DENYING THE PROPOSED PLAT OR REPLAT; PROVIDING DIRECTION TO STAFF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, prior to 2025, Section 177.071, Florida Statutes, was entitled “Approval of plat by governing bodies.” and required that before a plat is offered for recording, it must be approved by the appropriate governing body…” and further provided that “When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the governing body of the municipality has exclusive jurisdiction to approve the plat.”; and
WHEREAS, on or about April 29, 2025, the Florida Legislature passed Committee Substitute for Committee Substitute for Committee Substitute for Senate Bill 784 (hereinafter Senate Bill 784); and
WHEREAS, on or about June 20, 2025, Senate Bill 784 was signed into law by Florida Governor Ron DeSantis; and
WHEREAS, on or about June 23, 2025, Senate Bill 784 was codified as Chapter 2025-164, Laws of Florida; and
WHEREAS, Senate Bill 784 amended the title of Section 177.071, Florida Statutes, to “Administrative approval of plats by designated county or municipal official.”; and
WHEREAS, Senate Bill 784 further amended Section 177.071, Florida Statutes, to require that “A plat or replat submitted under this part must be administratively approved and no further action or approval by the governing body of a county or municipality is required if the plat or replat complies with the requirements of s. 177.091.”; and
WHEREAS, Senate Bill 784 further amended Section 177.071, Florida Statutes, to require that “The governing body of the county or municipality shall designate, by ordinance or resolution, an administrative authority to receive, review, and process the plat or replat submittal…”; and
WHEREAS, Senate Bill 784 further provided that the term “administrative authority” means a department, division or other agency of the municipality; and
WHEREAS, Senate Bill 784 also amended Section 177.071, Florida Statutes, to require that said designation include the designation of “an administrative official responsible for approving, approving with conditions, or denying the proposed plat or replat.”; and
WHEREAS, Senate Bill 784 further provided that the term “administrative officer” includes but is not necessarily limited to a city manager, assistant city manager or other high-ranking city department or division director with direct or indirect oversight responsibility for the city’s land development, housing, utilities or public works program; and
WHEREAS, in order to comply with Section 177.071, Florida Statutes, as amended by Senate Bill 784, the City Council of the City of Ocala, Florida now desires to designate an administrative authority (1) to receive, review, and process plat or replat submittals; and (2) responsible for approving, approving with conditions, or denying proposed plats or replats; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that the most appropriate administrative authority for designation to receive, review, and process plat or replat submissions is the City’s Growth Management Department; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that the most appropriate administrative official for designation to approve, approve with conditions, or deny proposed plats or replats; and
WHEREAS, the City Council of the City of Ocala, Florida recognizes that additional amendments to the Code of Ordinances, City of Ocala, Florida, will be necessary to further ensure compliance with Section 177.071, Florida Statutes, as amended by Senate Bill 784 and those will be forthcoming; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that the adoption of this resolution bringing the City’s practices and procedures into conformity with Section 177.071, Florida Statutes, as amended by Senate Bill 784 serves a public purpose and protects the health, safety and welfare of the citizens of the City of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida further finds and determines that the adoption of this resolution bringing the City’s practices and procedures into conformity with Section 177.071, Florida Statutes, as amended by Senate Bill 784, of the citizens of the City of Ocala, Florida
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Ocala, Florida as follows:
Section 1. Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida adopts the above-outlined recitals and incorporates them herein as part and parcel of this resolution.
Section 2. Purpose and Authority for Resolution.
This resolution is adopted for the purpose of designating an administrate authority to receive, review, and process plat or replat submissions and further designating an administrative official responsible for approving, approving with conditions, or denying proposed plats or replats so as to bring the City of Ocala, Florida’s practices and procedures into conformity with Section 177.071, Florida Statutes, as amended by Senate Bill 784 and is adopted pursuant to the authority granted by Chapter 2025-164, Laws of Florida, Chapter 177, Florida Statutes, as amended, Chapter 166, Florida Statutes, and other relevant provisions of Florida law.
Section 3. Designation of Administrative Authority to Receive, Review and Process Plat or Replat Submittals.
In accordance with the requirements of Section 177.071(1)(a), Florida Statutes, the City Council of the City of Ocala, Florida designates its Growth Management Department as the administrative authority responsible to receive, review and process all plats or replats submitted to the City of Ocala, Florida under Section 177.071, Florida Statutes.
Section 4. Designation of Administrative Official Responsible for Approving, Approving with Conditions or Denying Proposed Plats or Replats.
In accordance with the requirements of Section 177.071(1)(a), Florida Statutes, the City Council of the City of Ocala, Florida designates its City Manager, or the Assistant City Manager, as they may be designated from time-to-time by the City Manager, as the administrative official responsible for approving, approving with conditions or denying proposed plats or replats submitted to the City of Ocala, Florida under Section 177.071, Florida Statutes.
Section 5. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all necessary steps to completely effectuate the orderly implementation of the action taken through adoption of this resolution and to further ensure compliance with the requirements of Section 177.071, Florida Statutes, as amended by Senate Bill 784.
Section 5. Effective Date of Resolution.
This resolution shall become effective immediately upon adoption.
APPROVED AND ADOPTED, with a quorum present and voting, by the City Council of the City of Ocala, Florida this 19th day of August, 2025.
CITY OF OCALA, FLORIDA,
a political subdivision of the State of Florida
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By: KRISTEN M. DREYER, as
City Council PresidentATTEST:
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By: ANGEL B. JACOBS, City Clerk
APPROVED AS TO FORM / LEGALITY:
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By: WILLIAM E. SEXTON, City Attorney