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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4143952 12/22/2015 at 04:23 PM ORDN
OR BOOK 3820 PAGE 1914 - 1916 Doc Type:
RECORDING: $27.00
ORDINANCE NO. 15-015
AN ORDINANCE AMENDING SECTION 38-161, ST. LUCIE COUNTY CODE
AND COMPILED LAWS, REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE
RIGHTS-OF-WAY DURING A DECLARED STATE OF LOCAL EMERGENCY BY
CLARIFYING OBTAINING AGREEMENTS WITH COMMUNITIES; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION;
AND PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following
determinations:
1. Section 125.01, Florida Statutes, authorizesthe Board of County Commissioners to establish
programs providing for the health, safety, and general welfare of the residents of St. Lucie County; and,
Section 252.38, Florida Statutes, authorizes political subdivisions of the State of Florida to
provide for the health and safety of persons or property during a declared state of emergency; and,
3. The prompt and orderly removal of debris generated by the event from public and private
rights-of-way constitutes an essential primary emergency protective measure necessary to provide for the
health, safety and general welfare of the residents and business of the County; and,
4. Based on the recommendations of the Public Works Director, the St. Lucie County Sheriff
and the St. Lucie County Fire Chief, as a result of the effects of previous hurricanes that have impacted St.
Lucie County, the presence of storm generated debris represents a clear and a present threat to life, public
health and safety as well as a threat of significant damage to improved public and private property, it is
necessary to remove debris from public and private rights-of-way.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida:
PART A. AMENDMENT OF SECTION 38-161, (REMOVAL OF DEBRIS FROM PUBLIC AND PRIVATE
RIGHTS-OF-WAY DURING A DECLARED LOCAL STATE OF EMERGENCY).
Section 38-161- (Removal of Debris from Public and Private Rights -of -Way during a Declared state
of local emergency) is hereby amended to read as follows:
Section 38-161(e)(2). The county shall obtain and update these agreements and annually shall add new
communities. have thern The agreements will be retained by the County and shall
be readily available for use as needed.
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r 1
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie 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 AND APPLICABILITY.
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. Ifthis 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 person, property, or circumstance.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Kim Johnson, Chairman
AYE
Chris Dzadovsky, Vice Chairman
AYE
Commissioner Tod Mowery
AYE
Commissioner Paula A. Lewis
AYE
Commissioner Frannie Hutchinson
AYE
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County,
Florida, 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 F shall not be codified.
PASSED AND DULY ADOPTED this 15th day of December, 2015.
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A7:
Deputy CI rk
BOARD OF COUNTY COMMI SIONERS
ST. LUCI NTY, F RI A
BY:
C airm
APPROVED A O FORM AND
CORRECTNESS:
BY:
ounty Attorney
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RICK SCOTT KEN DETZNER
Governor Secretary of State
December 17, 2015
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Angela Riggins
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 15-015, which was filed in this office on December 17,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 Facsimile: (850) 488-9879
www.dos.state.fl.us