Subject:
Title
Approval, Re: An Ordinance of the Board of County Commissioners of Brevard County, Florida; amending Chapter 62, Article VII, Division 2, Section 62-2844, entitled “Performance Security”.
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Fiscal Impact:
Indeterminate. However, an overall positive impact is expected due to less staff time to prepare and review associated agenda items.
Dept/Office:
Public Works/Engineering
Requested Action:
Recommendation
It is requested that the Board of County Commissioners adopt the attached ordinance amendment to Chapter 62, Article VII, Division 2, Section 62-2844, entitled “Performance Security.”
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Summary Explanation and Background:
On April 22, 2025, the Board of County Commissioners approved legislative intent and permission to advertise an amendment to Section 62-2844, Brevard County Code of Ordinances, establishing an administrative process for the release and reduction of performance security, as appropriate, for the construction of improvements associated with subdivisions and plats upon issuance of a certificate of completion by staff.
The attached ordinance has been drafted to meet this direction.
Pursuant to Section 62-2844, Brevard County Code of Ordinances, the Board is responsible for releasing or reducing performance security (performance bond) for construction improvements associated with subdivisions and plats. Currently, upon recommendation from the County’s Development Engineer and the Public Works Department, the Board is presented with the request through an agenda report and can reduce the bond amount correspondingly for improvements that have received a certificate of completion.
The proposed Code amendment will increase efficiency by allowing the County Manager, or designee, to handle such requests administratively, but while still requiring the same supporting information and approvals from other County departments and governmental units for such improvements, including utility installations, roads, and drainage systems. The proposed ordinance changes will help reduce the wait time that developers are subject to as it relates to the process associated with reducing or releasing their respective performance bonds once the necessary development approvals have been obtained. In some cases, the proposed ordinance amendment will help reduce such wait times by weeks. It is important to note that such requests have not been denied in recent years, are not required by statute, are not done by most other local jurisdictions, and are a binary administrative decision of whether the work is complete or not, which the Public Works Department already certifies. Additionally, should a challenge or issue arise, staff will bring the matter to the Board for review and consideration.
The applicant is still required to post security for the maintenance of such improvements (maintenance bond) once the certificate of completion is issued.
On June 11, 2025, the Building and Construction Advisory Committee heard the request and unanimously recommended approval.
On June 16, 2025, the Local Planning Agency heard the request and voted 11:1 to recommend approval.
Clerk to the Board Instructions:
Upon approval by the Board, execution by the Chair, and attestation by the Clerk, file the ordinance with the Department of State as required by law within the 10-day deadline. Please return a copy of the executed ordinance with the Department of State’s official acknowledgement of filing to the Public Works Department and the County Attorney’s Office.