2.17(A) Application. A request for relief under this Section shall be required prior to any filing a lawsuit based upon federal
; F.S. Chapter 761 (“Religious Freedom Restoration Act of 1998"); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution. The request for relief shall be filed with the on a form provided by the . The form shall contain such questions and requests for information as are necessary for evaluating the relief requested.
2.17(B) Application and hearing. The shall hold a public hearing within 75 days of the determining that the application is complete, unless such timeframe is extended by the requesting relief. The , after a public hearing, may: (a) grant the relief requested; (b) grant a portion of the request and deny a portion of the request, or impose conditions upon the grant of the request; or (c) deny the request.
2.17(C) Notice. At least 20 days before a public hearing on an application for relief under this Section, the shall display a notice on the ’s public notice bulletin board, which shall describe the request for relief and state the location, date and time of the applicable public hearing. If the request for relief relates to the use of a specific parcel of privately owned real property, the notice shall include the address of the subject real property, and, in addition to the posting of the notice on the ’s public notice bulletin board, the , at its expense, shall deliver a copy of the notice, by first class mail postmarked at least ten days prior to the date of the hearing, to all property owners within 500 feet of the property, exclusive of road
and water bodies. If the real property is located within a
and that
is registered with the , then the , shall deliver a copy of the notice, by first class mail postmarked at least ten days prior to the date of the hearing, to the
.
2.17(D) Criteria. In determining whether the relief request shall be granted or denied, the
shall have the burden to establish:
2.17(D)(1) The
is a potential claimant under federal
; F.S. Chapter 761, (“Religious Freedom Restoration Act of 1998”); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution; and
2.17(D)(2) The
believes in good faith, as stated in his or her request, that the
through implementation of its Code has intentionally or unintentionally violated a federal
; F.S. Chapter 761 (“Religious Freedom Restoration Act of 1998”); F.S. Chapter 760 (“Florida Civil Rights Act of 1992”); or the Florida Constitution; and
2.17(D)(3) The
satisfies the required legal standard for bringing such a lawsuit as set forth in the applicable
, or legal precedent interpreting the applicable
.
2.17(E) Exhaustion required. Completion of the relief procedures shall be a supplement to and not a substitute for any other pre-litigation dispute resolution processes available by
to the or the . Completion of the relief procedures shall constitute the exhaustion of all administrative remedies available from the .
2.17(F) Effect while pending. While an application for relief or appeal of a determination of same is pending before the , the will not enforce the subject Code, rules, policies, and procedures, except the may seek injunctive relief if an imminent threat to the health, safety and welfare of the public is present.
(Ord. 2010-08, passed 10-4-2010; Am. Ord. 2016-07, passed 4-18-2016)