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1 ORDINANCE NO. 00-003
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AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND
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DEVELOPMENT OF LAND IN ST. LUCIE COUNTY, FLORIDA,
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PROVIDING FOR THE CREATION OF ARTICLE I OF CHAPTER 1-7.9 OF
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THE ST. LUCIE COUNTY CODE OF ORDINANCES ESTABLISHING A
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FIRE/EMS PROTECTION IMPACT FEE ON LAND DEVELOPMENT
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ACTIVITIES IN ST. LUCIE COUNTY; CREATING SECTION 1-7.9-01,
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PROVIDING FORA SHORT TITLE, AUTHORITY AND APPLICABILITY OF
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THE ORDINANCE; BY CREATING SECTION 1-7.9-02, PROVIDING FOR
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THE INTENT AND PURPOSES; CREATING SECTION 1-7.9-03,
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PROVIDING RULES OF CONSTRUCTION; CREATING SECTION 1-7.9-
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04, PROVIDING DEFINITIONS; CREATING SECTION 1-7.9-05,
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PROVIDING FOR THE IMPOSITION OF FIRE/EMS PROTECTION IMPACT
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FEE; CREATING SECTION 1-7.9-06, PROVIDING FOR COMPUTATION
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OF THE AMOUNT OF THE FIRE/EMS PROTECTION IMPACT FEE;
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CREATING SECTION 1-7.9-07, PROVIDING FOR PAYMENT OF FEES;
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BY CREATING SECTION 1-7.9-08, PROVIDING FOR CREDITS;
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CREATING SECTION 1-7.9-09, PROVIDING FOR INDEPENDENT
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PROPERTY APPRAISALS; CREATING SECTION 1-7.9-10, PROVIDING
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FOR PROPERTY REVIEW APPRAISALS; CREATING SECTION 1-7.9-11,
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PROVIDING FOR THE CREATION OF A FIRE/EMS PROTECTION
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IMPACT FEE DISTRICT; CREATING SECTION 1-7.9-12, PROVIDING
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FOR THE ESTABLISHMENT OF FIRE/EMS PROTECTION IMPACT FEE
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TRUST FUNDS; CREATING SECTION 1-7.9-13, PROVIDING FOR THE
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USE OF FUNDS; CREATING SECTION 1-7.9-14, PROVIDING FOR
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REFUND OF FEES PAID; CREATING SECTION 1-7.9-15, PROVIDING
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FOR EXEMPTIONS; CREATING SECTION 1-7.9-16, PROVIDING FOR
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APPEALS; CREATING SECTION 1-7.9-17, PROVIDING FOR REVIEW
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AND AUTOMATIC ADJUSTMENT OF FEES; PROVIDING FOR
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CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
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PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE
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DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE;
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PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION.
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Ordinance #00-003fnl Page 1
Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
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OR B001K 1301- PAGE 227-30
WHEREAS the Board of County Commissioners of St. Lucie County Florida has made the
following determinations:
1. The St. Lucie County Comprehensive Plan establishes that land development shall
not be permitted unless adequate capital facilities exist or are assured; and
2. The St. Lucie County Comprehensive Plan establishes that land development shall
bear a proportionate share of the cost of the provision of the new or expanded
capital facilities required by such development; and
3. Policy 11.1.2.4 of the St. Lucie County Comprehensive Plan recognizes the
obligation of future development in the community to be responsible for paying
100% of its capital facility/improvement impacts; and
4. The Florida Legislature through the enactment of Section 163.3202(3), Florida
Statutes, has sought to encourage local governments to enact impact fees as land
development regulations; and
5. The St. Lucie County Fire District has requested the Board of County
Commissioners to adopt a Fire/EMS Protection Impact Fee to be paid by new
development and to be earmarked for Fire/EMS Protection Capital Improvements.
6. The St. Lucie County Fire District has determined the property tax revenue
generated by new development has not been adequate to support the Fire/EMS
Protection Facilities necessary to ensure that current Fire /EMS facilities levels of
service can be provided concurrent with the occupancy of the new development.
7. On February 17, 2000, the Local Planning Agency/St. Lucie County Planning and
Zoning Commission held a public hearing on the proposed ordinance after
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
days prior to the hearing and determined that the proposed ordinance was
consistent with the St. Lucie County Comprehensive Plan.
8. On April 20, 2000, this Board held its first public hearing on the proposed ordinance,
after publishing a notice of such hearing in The Tribune and the Port St. Lucie News
on April 10, 2000.
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Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
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OR BOOK a`,01 PAGE 2 31
9. On May 9, 2000, this Board held its second public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
Lucie News on April 28, 2000.
10. The Board of County Commissioners has reviewed and accepted a Technical
Memorandum on an Update of Road, School, Library, Public Buildings and Parks
Impact Fees and a Proposal for a Fire & Rescue [EMS] Impact Fee, prepared for
St. Lucie County, dated April 27, 2000, prepared by Dr. James Nicholas, PhD..
NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie
County:
Part A. ARTICLE I "FIRE/EMS PROTECTION IMPACT FEE" OF CHAPTER 1-7.9
(FIRE PROTECTION) OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY, FLORIDA, IS CREATED AS FOLLOWS:
ARTICLE I
FIREIEMS PROTECTION IMPACT FEE
Section 1-7.9-01. Short Title, Authority, and Applicability.
A. This ordinance shall be known and may be cited as the "Fire/EMS Protection Impact
Fee Ordinance".
B. The Board of County Commissioners of St. Lucie County has the authority to adopt
this Ordinance pursuant to Article VI I I of the Constitution of the State of Florida and
to Chapter 125 and Sections 163.3201 and 163.3202(3) Florida Statutes.
C. The St. Lucie County Fire District is the sole provider of Fire/Emergency Medical
Services in St. Lucie County.
D. St. Lucie County must collect Fire/EMS Protection Impact Fees in order to provide
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1OR BOOK 113011 PAGE 2332
the Fire District with funds to adequately provide Fire/EMS services for all St. Lucie
County residents, including residents of the cities. Development within the cities
impacts the Fire/EMS capital needs of the Fire District.
E. This article shall apply to all areas of St. Lucie County, even in the absence of
interlocal agreements with the affected municipalities.
Section 1-7.9-02. Intents and Purposes.
A. This chapter is intended to implement and be consistent with the Goals, Objectives
and Policies of the St. Lucie County Comprehensive Plan.
B. The purpose of this chapter is to regulate the use and development of land so as
to assure that new development bears a proportionate share of the cost of capital
expenditures necessary to provide Fire/EMS Protection and services in St. Lucie
County.
C. The Florida Legislature through the enactment of Section 163.3202, Local
Government Comprehensive Planning and Land Development Regulation Act and
Section 380.06(16) of the Environmental Land and Water Management Act, Florida
Statutes Chapters 163 and 380, respectively, has sought to encourage local
governments to enact impact fees as a part of their land development regulation
program.
Section 1-7.9-03. Rules of Construction.
A. The provisions of this Ordinance shall be liberally construed so as to effectively
carry out its purpose in the interest of the public health, safety, and welfare.
B. For the purposes of administration and enforcement of this Ordinance, unless
otherwise stated in this Ordinance, the following rules of construction shall apply to
the text of this ordinance:
1 In case of any difference of meaning or implication between the text of this
article and any caption, illustration, summary table, or illustrative table, the
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*R BOOK 1 01 PAGE 2333
text shall control.
2 The word "shall" is always mandatory and not discretionary; the word "may"
is permissive.
3 Words used in the present tense shall include the future; and words used in
the singular number shall include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
4 The phrase "used for" includes "arranged for," "designed for," "maintained
for," or "occupied for."
5 The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
6 Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the
conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as
follows:
a. "And" indicates that all the connected terms, conditions, provisions or
events shall apply.
b. "Or" indicates that the connected items, conditions, provisions or
events may apply singly or in any combination.
C. "Either ... or" indicates that the connected items, conditions, provisions
or events shall apply singly but not in combination.
7 The word "includes" shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of like
kind or character.
8 "County Administrator" means the County Administrator or whoever he/she
may designate to carry out the administration of this ordinance.
9 Unless the context clearly indicates to the contrary, all land use terminology
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IGE BOOK 1301 PAGE 233
in this article shall have the same meaning as it has in the St. Lucie County
Land Development Code.
Section 1-7.9-04. Definitions.
A. A "capital improvement" includes, but is not limited to, site planning, land
acquisition, site improvements, buildings, motor vehicles, personal equipment and
communications facilities with a useful life of two or more years, but excludes
maintenance and operation.
B. A "feepayer" is a person commencing a land development activity by applying for
the issuance of a building permit or electrical permit for a mobile home park or
recreational vehicle park or for a type of land development activity specified in
Section 1-7.9-06 of this Ordinance.
Section 1-7.9-05. Imposition of Fire/EMS Protection Impact Fee.
A. Any person who, after the effective date of this ordinance, seeks to develop land by
applying for the issuance of a building permit for one of the land use types specified
in Section 1-7.9-06 of this Ordinance or an electrical permit for a mobile home park
or recreational vehicle park shall be required to pay a Fire/EMS Protection impact
fee in the manner and amount set forth in this Ordinance. Nothing in this article
shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie
County Land Development Code.
B. No building permit for any land use types specified in Section 1-7.9-06 of this
ordinance nor electrical permit for a mobile home park or recreational vehicle park
shall be issued unless and until the Fire/EMS Protection impactfee hereby required
has been paid as provided in Section 1-7.9-07 of this Ordinance.
Section 1-7.9-06. Computation of the Amount of Fire/EMS Protection Impact
Fee.
A. At the option of the feepayer, the amount of the fee may be determined by the
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Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
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following fee schedule:
FIRE/EMS PROTECTION IMPACT FEE
COUNTYWIDE ASSESSMENT
ILAND USE I YF'F
I UNIT OF MEASURE I
IhIPACT
FEE
foe as of
fee as of
10/01/00
10/01101,
RESIDENTIAL
SINGLE FAMILY
PER UNIT
S129
$258
MOBILE HOME/RV (MHPIRV Nrk Only)
PER UNIT
$36
$72
MULTI -FAMILY (All types)
PER UNIT
$67
$133
HOTEUMOTEL
PER ROOM
$100
$199
BED & BREAKFAST RESIDENCE
$100
H� NOT NOWDE THE LSO —ED FOR THNT EE POFI NOF�MT FEE
) ES ERE9D
PER ROOM
$199
ALL OTHER RESIDENTIAL
PER UNIT
$129
$258
OFFICE & FINANCIAL
MEDICAL OFFICE
PER 1000 FT
$56
$112
OTHER OFFICE
PER 1000 FTZ
$56
$112
RETAIL TRADE
UNDER 100,000 FTZ
PER 1000 FTZ
$63
$125
100,000 - 399,000 FTZ
PER 1000 FTZ
$63
$125
400,000 FTZ and over
PER 1000 FTZ
$63
$125
GASOLINE SERVICES
SERVICE STATION
PER PUMP STAT
$63
$125
INDUSTRIAL
WAREHOUSE
PER 1000 FTZ
$15
$29
TRUCK TERMINAL
PER 1000 FTZ
$15
$29
GENERAL INDUSTRIAL
PER 1000 FT
$47
$94
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Fire/EMS Protection Impact Fee - Final
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FIRE/EMS PROTECTION IMPACT FEE,
COUNTYWIDE ASSESSMENT
LAND USE TYPE I UNIT OF MEASURE I IMPACT FEE
fee as of fee as of
10/01/00 10101101"
INSTITUTIONAL
SCHOOL -ELEM.
SCHOOL - MIDDLE/HIGH
DAY CARE CENTER
FRATERNAL ORGANIZATION
HOSPITAL
NURSING HOME
LIBRARY
RECREATIONAL
PARK (CITY/COUNTY/STATE)
RECREATION FACILITY - ALLTIPES
GOLF COURSE
I
NOTE: II The fee schedule shown in this Table is subject to annual revision
based upon the provisions of Section 1-7.9-17 of this Article.
PER 1000 FTZ
$63
$125
PER 1000 FT2
$63
$125
PER 1000 FTZ
$63
$125
PER 1000 FTZ
$63
$125
PER BED
$63
$125
PER BED
$63
$125
PER 1000 Fr
$63
$125
PER ACRE
$63
$125
PER PKG SPACE
$63
$125
PER HOLE
$63
$125
If the type of development activity for which a building permit, electrical permit for
a mobile home park or recreational vehicle park is applied for is not specified on the
above fee schedule, the County Administrator shall use the fee applicable to the
most nearly comparable type of land use on the above fee schedule.
B. The person applying for the issuance of a building permit or and electrical permit for
a mobile home park or recreational vehicle park may, at his option, submit evidence
to the County Administrator indicating that the fees set out in paragraph A above
are not appropriate for his particular development. Based upon convincing and
competent evidence, the County Administrator may adjust the fee to that
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OR BOOK 1t3301 PAGE 233
appropriate for the particular development.
Section 1-7.9-07. Payment of Fee.
A. The feepayer shall pay the fee to the County Administrator at any time prior to the
issuance of a building permit or electrical permit for a recreational vehicle park or
mobile home park.
B. In lieu of all or part of the Fire/EMS Protection impact fee, the Board of the St. Lucie
County Fire District may accept the offer by a developer to construct, dedicate or
acquire property or equipment for the purpose of meeting a capital public building
needs of the Fire District that is consistent with the County's Comprehensive Plan
or the adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
In the event the developer proposes to dedicate or acquire unimproved property or
equipment, the provisions of Section 1-7.9-08(E)(3) shall apply. The portion of the
fee represented by the property dedications or acquisitions shall be deemed paid
only when the dedicated or acquired property is officially accepted by the Fire
District or other appropriate governmental entity.
If Fire/EMS Protection impact fees are owed, no development permits of any type
may be issued for the building or structure in question while the fee remains unpaid.
The County Administrator may authorize the initiation of any action as permitted by
law or equity to collect the unpaid fees.
Section 1-7.9-08. Credits.
A. Scope.
Any person who shall commence any Fire/EMS Protection impact generating land
development activity may apply fora credit against the required Fire/EMS Protection
impact fee for any contribution, construction, or dedication of land or equipment
made by such person or predecessor in interest that is accepted and received by
the St. Lucie County Fire District for Fire/EMS Protection purposes, pursuant to this
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Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
1 section. Consistent with the standards of this section, an application may be made
2 for credit for any contribution, construction or dedication made in St. Lucie County
3 as required by a development order issued by St. Lucie County, the City of Fort
4 Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local
5 development regulations or Section 380.06, Florida Statutes, or any additional
6 development condition imposed by the Florida Land and Water Adjudicatory
7 Commission on a development of regional impact to the extent the contribution,
8 payment, construction or dedication meets the same needs as the Fire/EMS
9 Protection impact fee.
10
11 B. General.
12
13 Any person desiring a Fire/EMS Protection impact fee credit, who proposes to make
14 any contribution, construction or dedication of a Fire/EMS Protection facility or
15 equipment that is consistent with both the County's Comprehensive Plan and the
16 Fire District's Capital Improvement Program, shall first obtain from the Board of
17 County Commissioners an approval that the proposed contribution, construction or
18 dedication is considered to be eligible for a Fire/EMS Protection impact fee credit.
19 The Board of County Commissioners shall consult with the St. Lucie County Fire
20 District prior to making any final determination that the proposed contribution,
21 construction or dedication is considered to be eligible for a Fire/EMS Protection
22 impact fee credit. Upon the determination by the Board that the proposed
23 contribution, construction or dedication is eligible for a Fire/EMS Protection impact
24 fee credit, the final amount of the credit shall be determined upon the submission
25 of a request for Fire/EMS Protection impact fee credit and the entering into of a
26 formal Fire/EMS Protection impact fee credit agreement.
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28 C. Relationship of Fire/EMS Protection impact fee to developments of regional impact.
29
30 Pursuant to Section 380.06(16), Florida Statutes, the value of Fire/EMS Protection
31 facilities and/or other Fire/EMS Protection capital improvements required pursuant
32 to a County or City approved Development Order, except those deemed site-
33 related, shall be credited against the Fire/EMS Protection impact fee.
34
35 D. General standards for issuing Fire/EMS Protection impact fee credits.
36
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Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
E.
OUR BOOOK 1301 P-qGE 2-1139
Prior to the issuance of any credits against the Fire/EMS Protection impact fee, the
person who made the contribution, payment, construction or dedication of Fire/EMS
Protection facilities or equipment shall enter into an Impact Fee Credit Agreement
with the Board of County Commissioners. The following provisions are the general
rules for the award of credit, supplemented and provided in this section:
1. Credit for contributions, payments, construction or dedications of the
Fire/EMS Protection impact fee shall not be transferrable as a credit against
other impact fees imposed for purposes other than Fire/EMS Protection.
2. If allowed by the Credit Agreement, credits may be assigned to successors
in interest provided the County receives a copy of the written agreement
signed by both the assignor and the assignee that has been recorded in the
Public Records of St. Lucie County, Florida.
3. No credit shall exceed the amount due for the Fire/EMS Protection impact
fee.
4. No credit shall be given for Fire/EMS Protection facilities and equipment
dedicated or constructed before July 1, 2000.
Specific standards.
Credits against Fire/EMS Protection impactfees otherwise payable shall be allowed
only under the following conditions:
1. Fire District need.
The contribution, payment, construction or dedication shall meet a Fire/EMS
Protection capital need identified in the County's Comprehensive Plan, the
Fire Districts Capital Improvement Program or in the adopted comprehensive
plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given
for capital improvements that do not meet a Fire/EMS Protection capital need
identified in County's Comprehensive Plan, the Fire Districts Capital
Improvement Program or in the adopted comprehensive plan of Ft. Pierce,
Port St. Lucie or St. Lucie Village.
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Fire/EMS Protection Impact Fee - Final PRINT DATE: 05/09/00
OR s EC.f It 130.3. PHAGE 27,40 0
1 2. Fire/EMS Protection property dedication.
2
3 Credit for the dedication of property for Fire/EMS Protection purposes shall
4 be valued at one hundred twenty (120) per cent of the most recent assessed
5 value by the county property appraiser plus the reasonable cost, as
6 determined by the County Administrator, of any survey, closing costs or title
7 information provided by the feepayer to the county at the request of the
s county. Credit for the dedication of property shall be provided when the
9 property has been conveyed at no charge to, and accepted by the St. Lucie
10 County Fire District in a manner satisfactory to the St. Lucie County Fire
11 District.
12
13 If the feepayer shall opt not to have the property dedication credit determined
14 as set out above, then the amount of credit shall be determined by the Board
15 of County Commissioners based on an Independent Property Appraisal, as
16 described in section 1-7.9-09 of this article, prepared by an individual both
17 a member of the Appraisal Institute (MAI) and a state certified general
18 appraiser acceptable to the Board of County Commissioners, that is paid for
19 by the feepayer. At the option of the Board, the Board may request a review
20 appraisal, as described in section 1-7.9-10 of this article provided that in the
21 event the value established by the independent appraisal exceeds one
22 hundred twenty (120) per cent of the assessed value by more than twenty-
2 3 five (25) per cent, the Board shall request a review appraisal.
24
25 In the event the Board determines to request a review appraisal and the
26 determination of the value is the same or greater than value determined by
27 the independent appraiser, then the County shall bear the cost of the review
28 appraisal. If the determination of the value by the review appraiser is less
29 than the value determined by the independent appraiser, then the feepayer
30 shall pay for the cost of the review appraisal. Any independent or review
31 appraisal submitted pursuant to this subsection shall be subject to review of
32 methodology and technical accuracy at the discretion of the County
33 Administrator.
34
35 In the event a property owner determines to donate, and the county
36 determines to accept, nonsite related property for any planned nonexisting
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OR BOOK 1301 PAGE 2341
1
Fire/EMS Protection facility or expansion of an existing impact fee eligible
2
public building or facility to the fire district in advance of any application for
3
final development order approval, the Board of County Commissioners shall
4
reserve the determination of value of the credit for the dedicated property
5
until the property owner, or his assigns, seeks a final development order
6
approval for the remainder of the property from which the dedicated property
7
was provided. All property dedication credits shall be determined at the time
8
contracts are let for the construction/expansion of the eligible facility or at the
9
time a Final Development Order approval is granted, whichever occurs first.
10
No property dedication credit request may include the consideration of any
11
enhancement to the value of property being dedicated as a result of the new
12
or expanded public building construction. No property dedication credit
13
request may include the consideration of any enhancement to the value of
14
the property being dedicated as result of the overall project development.
15
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4. Application procedure.
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Applicants for credit for construction of nonsite related Fire/EMS Protection
19
building, facilities or equipment shall submit documentation of the actual
20
engineering, construction or acquisition costs to the County Administrator
21
or his designee. The County Administrator or his designee shall determine
22
credit for Fire/EMS Protection construction based upon these costs or upon
23
alternative engineering and construction cost estimates if the County
24
Administrator or his designee determines that such costs submitted are
25
excessive or incomplete.
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5. Acquisition by purchase or condemnation.
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In the event a developer is required as a condition of a final development
30
order to acquire off -site Fire/EMS Protection property, the developer shall
31
first obtain an Independent Property Appraisal as described in section 1-7.9-
32
19 and provide the County Administrator with a copy of the appraisal. The
33
County Administrator may obtain a review appraisal as described in Section
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1-7.9-20.
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Except as provided below, credits for Fire/EMS Protection property
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acquisition shall be based on the Independent Property Appraisal, the
Review Appraisal, or the purchase price, if lower, as determined by the
County Administrator. In the event the developer is unable to acquire the
Fire/EMS Protection property for appraised value or lower, the Board may:
a. grant additional credits above the appraised value if it determines that
the cost of acquisition is less than the cost of condemnation or that
condemnation is not practical or desired; or,
b. authorize the condemnation of the parcels; or,
C. deny the request for additional credits.
F. Time of Claim: Waiver.
Any claim for credit must be made no later than the time of application for a building
permit or an electrical permit. Any claim not so made shall be deemed waived.
Section 1-7.9-09. Independent Property Appraisal
A. If the feepayer shall opt not to have the value of any property dedication determined
as set out in section 1-7.9-08(E)(3), the amount of credit shall be determined by the
Board of County Commissioners based on an Independent Property Appraisal
(IPA), prepared by an individual who is both a member of the Appraisal Institute
(MAI) and a state certified general appraiser acceptable to the Board of County
Commissioners, that is paid for by the feepayer. An "independent property
appraisal" is an appraisal report containing the following:
Purpose of appraisal.
The purpose of the appraisal which includes a statement of value to be
estimated and the rights or interest being appraised.
2. Legal Description of property.
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3. Description of parent property.
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Description of the parent property to be appraised will include:
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a. Names of apparent owner of each interest being evaluated.
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b. Location of property.
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C. Total area of property in acres or square feet.
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d. Area of each interest in property being acquired in acres or square
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feet.
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e. A minimum of five (5) years delineation of title.
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f. Present use and zoning.
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g_ Utilities.
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h. Type and condition of improvements and special features that may
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add to or detract from the value of the property.
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4. Highest and best use.
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The highest and best use of the property on which the appraisal is based
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before the acquisition of rights and interests to be acquired and the highest
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and best use of the remainder after the acquisition when a partial taking is
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involved. In either instance, if the existing use is not the premise on which
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the valuation is based, the appraisal will contain an explanation justifying the
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determination that the property is available and adaptable for a different
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highest and best use and there is demand for that use in the market.
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5. Before and after valuation.
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The "before and after' method of valuation as interpreted by Florida law will
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be used in partial donations or special benefits to the residue land or
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improvements.
6. Approaches to value.
The appraisal should include all applicable approaches to value. If an
approach is not considered applicable, the appraiser must state why. All
pertinent calculations used in developing the approaches will be shown.
a. In the market approach, the appraisal report will contain a direct
comparison of pertinent comparable sales to the property being
appraised. The appraiser must include a statement setting forth his
analysis and reasoning for each item of adjustment to comparable
sales.
b. Where in the income (capitalization) approach is used, there must be
documentation to support the income, expenses, interest rate,
capitalization rate, discount rate, or any other factors used in the
analysis. Where it is determined that the market rental income is
different from the existing or contract income, the increase or
decrease must be explained and supported by market information.
C. Where the cost approach is utilized, the appraisal report must contain
the specific source of cost data, remaining economic life, and an
explanation of each type of accrued depreciation.
7. Appraisal of after value.
The appraisal of the after value must be supported to the same extent as the
appraisal of the before value. This support should include one or more of the
following:
a. Sales comparable to the remainder properties.
b. Sales of comparable properties from which there have been similar
donations, or acquisitions for like usages.
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C. Development of the income approach on properties which show
economic loss or gain as a result of similar acquisition or taking for
like usages.
d. Public sales of comparable lands by the state or other public
agencies.
e. In the event the data described in a through d above are not
available, the appraisal will so state and give the appraiser's
reasoning for his value estimate.
8. Difference between before and after.
The difference between the before and after appraisal will represent the
value of the property to be acquired including the damages to the remainder
property. The appraiser will separately analyze and tabulate the difference
showing a reasonable allocation to lane improvements, and damages.
9. More than one approach used.
Where two (2) or more of the approaches of value are used, the appraisal
will show the correlation of the separate indications of value derived by each
approach along with a reasonable explanation for the final conclusion of
value. This correlation will be included for both before and after appraisals.
10. Photographs.
All appraisals should include identified photographs of the subject property
including all principal above ground improvements or unusual features
affecting the value of the property to be taken or damaged.
11. Sketch or plat.
Appraisal reports for whole takings will contain a sketch or plat of the
property showing boundary dimensions, location of improvements and other
significant features of the property. For partial takings, the sketch or plat will
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also show the area to be acquired, relation of the improvements to the taking
area and area of each remainder.
12. Comparable sales.
Each appraisal report will contain or make reference to the comparable sales
which were used in arriving at the fair market value.
a. The appraiser must state the date of sale, names of parties to the
transaction, consideration paid, financing, conditions of sale and with
whom these were verified, the location, total area, type of
improvements, appraiser's estimate of highest and best use at the
date of sale, zoning and any other data pertinent to the analysis and
evaluation thereof.
b. If the appraiser is unable to verify the financing and conditions of sale
from the usual sources such as buyer, seller, broker, title or escrow
company etc. he will so state.
C. Pertinent comparable sales date should include identified
photographs of all principal above ground improvements or unusual
features affecting the value of the comparable.
13. Inspection of properties.
All property appraised and the comparable sales which were relied upon in
arriving at the fair market value estimate will be personally inspected in the
field by the appraiser and all dates of inspection will be shown in the
appraisal report.
14. Date of valuation.
The effective date to which the valuation applies.
15. Limiting conditions.
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Statement of appropriate contingent and limiting conditions if any.
16. Certification and signature.
The certification, signature and date of signature of the appraiser.
Section 1-7.9-10. Property Review Appraisal
A. At the option of the Board, the Board may request a review appraisal of the
Independent Property Appraisal (IPA), provided that in the event the value
established by the Independent Property Appraisal exceeds one hundred twenty
(120) per cent of the assessed value by more than twenty-five (25) per cent, the
Board shall require a review appraisal. A "review appraisal" shall comply with the
following procedures:
1. The reviewing appraiser will field inspect the property appraised and the
comparable sales considered by the appraiser in arriving at either or both,
as appropriate, the fair market value of the whole property and of the
remainder.
2. The reviewing appraiser will examine the appraisal reports to determine that
they:
a. Comply with the provisions of this section.
b. Follow accepted appraisal principles and techniques in the valuation
of real property in accordance with existing state law.
C. Contain or make reference to the information necessary to explain,
substantiate and thereby document the conclusions and estimates of
value and/or just compensations identified therein.
d. Include consideration of compensable items, damages and benefits,
but do not include compensation for items, damages and benefits
noncompensable under state law.
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ISOR BOOIK '1301 PAGE 23348 0
e. Contain an identification or listing of the buildings, structures and
other improvements on the land as well as the fixtures which the
appraiser considered to be a part of the real property to be acquired.
f. Contain the estimated fair market value for or resulting from the
acquisition, and where appropriate, in the case of a partial acquisition,
either in the report or in a separate statement, a reasonable allocation
of the estimate of the fair market value for the real property acquired
and for damages to remaining real property.
3. Prior to finalizing his estimate of just compensation, the reviewing appraiser
will request and obtain corrections or revisions of appraisal reports which do
not substantially meet the requirements set forth in this section. These will
be documented and retained in the parcel file.
4. The reviewing appraiser may supplement an appraisal reportwith corrections
of minor mathematical errors where such errors do not affect the final value
conclusion. He may also supplement the appraisal file where the following
factual data has been omitted:
a. Owner's and/or tenants' names.
b. Parties to transactions, date of purchase and deed book reference on
sale of subject property and comparables.
C. Statement that there were no sales of subject property in past five (5)
years.
d. Location, zoning or present use of subject property or comparables.
5. The reviewing appraiser will initial and date his corrections and/or factual
data supplements to an appraisal report.
6. The reviewing appraiser will submit a signed and dated statement setting
forth:
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a. His estimate of just compensation including, where appropriate, his
allocation of compensation for the real property acquired and for
damages to remaining real property, and an identification or listing of
the buildings, structures, and other improvements on the land as well
as the fixtures which he considered to be a part of the real property
to be acquired, if such allocation or listing differs from that of the
appraisal(s).
b. That as a part of the appraisal review there was a field inspection of
the parcel to be acquired and the comparable sales applicable
thereto.
C. That he has not direct or indirect present or contemplated future
personal interest in such property or in any monetary benefit from its
acquisition.
d. That his estimate has been reached independently, without
collaboration or direction, and is based on appraisals and other
factual data.
7. In the event that the review appraiser determines the value to be the same
or greater than the value determined by the Independent Property Appraisal
(CAP) the county shall bear the cost of the review appraisal.
Section 1-7.9-11. Fire/EMS Protection Impact Fee District Created
There is hereby established one (1) Fire/EMS Protection Impact Fee District, as shown in
Figure I, for all of St. Lucie County.
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1 Section 1-7.9-12. Fire/EMS Protection Impact Fees Trust Fund Established
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3 A. There is hereby established a Fire/EMS Protection Impact Fee Trust Fund, for the
4 Fire/EMS Protection impact fees collected pursuant to this ordinance.
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6 B. Funds withdrawn from this account must be used in accordance with Section 1-7.9-
7 13 of this ordinance.
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10 Section 1-7.9-13. Use of Funds.
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12 A. The funds collected by the county and municipalities located therein shall be
13 remitted at least monthly to the St. Lucie County Fire District. The collecting
14 governmental unit shall be entitled to up to but not more than 3% of the funds
15 collected to compensate the entity for the administrative expense of collecting and
16 administering the Fire/EMS Protection impact fee ordinance. All remaining funds
17 collected from Fire/EMS Protection impact fees shall be used solely for the purpose
18 of capital improvements to the County's Fire/EMS Protection Facilities and
19 Equipment and not for maintenance or operations. Land acquisition and
20 improvements shall be of the type made necessary by the County's growth and
21 development.
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23 B. Each January the St. Lucie County Fire District shall present to the Board of County
24 Commissioners a proposed capital improvement program for public building and
25 facilities, assigning funds, including any accrued interest, from the Fire/EMS
26 Protection Impact Fee Trust Fund to specific Fire/EMS Protection improvements
27 projects and related expenses. Monies, including any accrued interest, not
28 assigned in any fiscal period shall be retained in the same Fire/EMS Protection
29 Impact Fee Trust Fund until the next fiscal period except as provided by the refund
30 provisions of this ordinance. Funds shall be deemed expended in the order
31 received.
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33 C. The St. Lucie County Board of County Commissioners and the Fire District will enter
34 appropriate interlocal agreements between or among themselves and the
35 governing bodies of the municipalities in the County to provide for the collection of
36 fees imposed and to ensure proper use of the funds collected pursuant to this
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article.
Section 1-7.9-14.
0OR BOOK 1301 PAGE 2352
Refund of Fees Paid.
A. If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the feepayer,
his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid
as a condition for its issuance except that the county shall retain four percent (4%)
of the funds as an administrative fee to offset the costs of refunding.
B. Any funds not expended or encumbered by the end of the fiscal year immediately
following then (10) years from the date the Fire/EMS Protection impact fee payment
was received shall, upon application of the current owner within one hundred eighty
(180) days of the expiration of the ten (10) year period, be returned to the current
owner with interest at the rate of six percent (6%) per annum.
Section 1-7.9-15. Exemptions.
A. The following shall be exempted wholly or in part from payment of the Fire/EMS
Protection impact fee:
1. Alteration or expansion of an existing building where no additional residential
dwelling units are created.
2. The construction of accessory buildings or structures which will not produce
additional need for Fire/EMS facilities over and above that produced by the
principal building or use of the land.
3. The replacement of a destroyed or partially destroyed building or structure
in existence on or after July 1,2000, with a new building or structure of the
same or a different use provided that no additional need for Fire/EMS
Protection Facilities will be produced over and above those produced by the
original use of the land.
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4. Any claim of exemption must be made no later than the time of application
for a building permit or electrical permit for a mobile home. Any claim not so
made shall be deemed waived.
Sec. 1-7.9-16. Appeals
A. Any decision made by the County Administrator in the course of administering the
provisions of this chapter may be appealed to the Board of County Commissioners
by filing a petition of appeal within thirty (30) calendar days of the date of the
rendition of the decision.
B. The Board of County Commissioners shall review the petition at a public meeting
within thirty (30) calendar days from the date of appeal of said decision. The
petitioner shall be provided reasonable notice of the time, date, and place of the
public meeting by certified mail, return receipt requested, and invited to attend.
Testimony at the public meeting shall be limited to ten (10) minutes per side, unless
an extension of time is granted by the Board. The Board's decision shall be final for
the purpose of administrative appeals.
The Board of County Commissioners shall revoke the decision of the County
Administrator only if there is competent, substantial evidence in the record that the
decision fails to comply with this Article.
Sec. 1-7.9-17. Review and Automatic Adjustment of Fees.
A. The Fire/EMS Protection impact fee shall be adjusted by the County Administrator
in April of each calendar year, beginning the first year after the adoption of this
article. Unless otherwise directed by the Board of County Commissioners, any
adjustments to the Fire/EMS Protection impact fee, made pursuant to this section,
shall be effective the first Monday in October of each calendar year. All adjustments
to the Fire/EMS Protection impact fee shall be based on the methodology
described in paragraph (B) of this section.
B. The base for computing any adjustment is the January Consumer Price Index - All
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Urban Consumers for the United States, published each year by the United States
Department of Labor, Bureau of Labor Statistics. For the purpose of this Section
the initial index to be referenced is January 2000. The Fire/EMS Protection Impact
Fee shall be adjusted by the percentage change in the index.
C. If the index is changed so that the base year is different, the index shall be
converted in accordance with the conversion factor published by the United States
Department of Labor, Bureau of Labor Statistics. If the index is discontinued or
revised, such other government index or computation with which it is replaced shall
be used in order to obtain substantially the same result as would be obtained if the
index had not been discontinued or revised.
D. The Board of County Commissioners and the St. Lucie County Fire District shall
review the Fire/EMS Protection impact fee at least once every five (5) years from
the effective date of this ordinance (October 1, 2000).
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstance, such holding shall not affect its applicability to any other person,
property, or circumstance.
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OR BOU% i301 PAGE 22355
1 PART D. APPLICABILITY OF ORDINANCE.
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3 This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the
4 incorporated areas even in the absence of interlocal agreements with the affected
5 municipalities.
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8 PART E. FILING WITH THE DEPARTMENT OF STATE.
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10 The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to
11 the Bureau of Administrative Code and Laws, Department of State, The Capitol,
12 Tallahassee, Florida 32304.
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15 PART F. EFFECTIVE DATE.
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17 This Ordinance shall take effect October 1, 2000.
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20 PART G. ADOPTION.
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22 After motion and second, the vote on this ordinance was as follows:
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24 Chairman John D. Bruhn AYE
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26 Vice Chairman Frannie Hutchinson AYE
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28 Commissioner Cliff Barnes AYE
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30 Commissioner Doug Coward AYE
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32 Commissioner Paula Lewis AYE
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WBC10 � 130J PAGP 2356
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this 9t" day of May, 2000.
ATTEST:
iDEP 4CLEVC41�ry
OR00-003fn1(I MPACT2000)
DJ M
BOARD OF COUNTY COMNt S' l S ,f
ST. LUC EE OUNTY, FLOi�
f
BY:
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