2.  Section 163.3167(2), Florida Statutes, requires each local government to maintain a comprehensive plan of the type and in the manner set out in this part.

3.  Consistent with Section 163.3167(2), Florida Statutes, DeSoto County has adopted a Comprehensive Plan.

4.  Section 163.3201, Florida Statues, provides it is the intent of this Act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area.

5.  Consistent with Section 163.3201, Florida Statues, the DeSoto County Board of County Commissioners has adopted Land Development Regulations to implement its Comprehensive Plan.

6.  The Land Development Regulations Article 2 addresses zoning district regulations and requirements. Section 2000 provides for the adoption of an Official Zoning District Atlas, which assigns a zoning district to every property located within unincorporated DeSoto County.

7.  Section 2600 establishes a Schedule of Uses which shows which types of land uses are allowed within the various zoning districts.

8.  Prior to January 1 st, 2007, DeSoto County relied on the state occupational license statute to ensure that only those land uses or businesses that were in conformance with the list of uses allowed within each zoning district would be issued a certificate to operate a business.

9.  In 2006, however, the Florida Legislature changed the name of the Local Occupational License Tax Act to Local Business Tax Act to make clear that the statute was intended to be a tax and not a licensing scheme.

10. Consequently, local governments could no longer rely upon that statute as a means of ensuring businesses conform to the use requirements within each zoning district

11.  Presently, DeSoto County does not have any way of ensuring that new businesses are allowed to open only in those locations where allowed by the zoning district.

12.  In August 2015, the County Administrator directed the Development Department to make changes necessary to bring Department operations consistent with state and county laws.

13.  The proposed Ordinance establishes a Certificate of Use program to ensure implementation of the County’s adopted zoning district regulations. The program applies to:

14. Existing businesses with a local business tax receipt prior to May 23, 2016. –The Ordinance proposes that these businesses are vested or grandfathered and are considered to have an “active” certificate of use. –Businesses with an “active” certificate of use are required to apply for a certificate of use application along with the renewal of their local business tax. –No processing fee or inspection fees are required. –When the business submits application, the Department reviews and then issues a certificate showing the uses that are allowed on the premises and, if the uses are not allowed within the zoning district, a note that the use is legally non- conforming.

15. Existing businesses with a local business tax receipt prior to May 23, 2016 that change in size or the business name after September 30 th, 2016. –For these businesses, an application must be filed –A processing fee must be paid.

16. Existing businesses with a local business tax receipt prior to May 23, 2016 that change locations, change ownership, or change uses after September 30 th, 2016. –An application must be filed –A processing fee must be paid; and –Inspection fees must be paid.

17. New Businesses that desire to open beginning on May 23 rd, 2016 –An application must be filed –A processing fee must be paid; and –Inspection fees must be paid.

18.  The proposed Ordinance would prohibit any business from opening or operating without a valid certificate of use.

19. For further information please visit The Desoto County web site www.desotobocc.com (proposed regulatory changes being considered)