HomeMy WebLinkAboutSupplement No. 49: 11-1997
SUPPLEMENT NO. 49
November 1997
CODE
County of
ST. LUCIE, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 97-28, adopted September 2, 1997.
See the Code Disposition Table for further information.
Remoue old pages
ix, x
Checklist of up-to-date pages
167, 168
207
317, 318
717-725
909-916
957, 958
1045-1047
3752.1
3827-3832
3849, 3850
3854.1
3857, 3858
3861, 3862
3865, 3866
3876.1, 3876.2
3887-3890
Insert new pages
uc, x
Checklist of up-to-date pages
(following Table of Contents)
167, 168
171
181-225
317-318.1
717-726
909-916.1
957, 958
1045-1047
3752.1, 3752.2
3827-3832
3849, 3850
3854.1, 3854.2
3857, 3858
3861, 3862
3865, 3866
3876.1, 3876.2
3887-3890
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
TABLE OF CONTENTS
Page
y ........................................... in
Officials of Count ~ ~ ~
Preface ..................................................... v
Adopting Ordinance ......................................... vii
Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1~
PAR,T I
CODE OF ORDINANCES
Chapter
1-i General Provisions ..................................... 1
1-2 Administration ......................................... 55
Art. I. In General ................................... 55
Art. II. O~cers and Employees . . . . . . . . . . . . . . . . . . . . . . 57
Art. III. Code Enforcement Board . . . . . . . . . . . . . . . . . . . . 59
Art. IV. Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Div. 1. Generaily ............................... 64
Div. 2. Competitive Purchase Bidding . . . . . . . . . . . . 65
Div. 3. Design-Build Contracts . . . . . . . . . .. . . . . . . . . 65
Art. V. Lobbyist Registration and Reporting . . . . . . . . . . 68
1-2.3 Airports and Aircraft .................................. 71
Art. I. In General ................................... 71
Art. II. Regulation of Vehicular ~affic and Parking ... 73
1-2.5 Alarm Systems ....................................... 83
1-3 Alcoholic Beverages ..................................... 107
Art. I. In General ................................... 107
Art. II. Regulation of Open Containers . . . . . . . . . . . . . . . 108
Art. III. Specified Sexual Activities in Commercial Es-
tablishments ............................... 109
1-4 Animals and Fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Art. I. in General ................................... 157
Art. Ii. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
1-5 Reserved ............................................... i71
1-5.5 Cable Television Franchise Ordinance . . . . . . . . . . . . . . . . . . 181
1-6 Children ............................................... 261
Art. I. In General ................................... 261
Art. II. Parental Neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
Art. III. Children's Services . . . . . . . . . . . . . . . . . . . . . . . . . 262
1-6.5 Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
Art. I. In General ................................... 285
Supp. No. 49 iX
ST. LUCIE COUNTY CODE
Chapter Page
Art. II. Pine Valley Community Development District . 285
Art. ITI. Lake Lucie Community Development District. 287
Art. IV. Reserve Community Development District .... 288
Art. V. Educational Facilities Impact Fee . . . . . . . . . . . . . 289
1-6.8 Contractors .......................................... 297
Art. I. In General ................................... 297
Art. II. Unlicensed Contractors Enforcement Proce-
dures ....................................... 297
1-7 Courts . ................................................ 313
Art. I. In General ................................... 313
Art. II. Alcohol and Other Drug Abuse ~ust Fund .... 320
Art. III. Reserved ................................... 321
1-7.5 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . 337
Art. I. In General ................................... 337
Art. II. St. Lucie River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
1-7.6 Environmental Protection ............................. 347
Art. I. In General ................................... 347
Art. II. Marine Sanitation . . . . . . . . . . . . . . . . . . . . . . .. . . . 347
Art. III. On-Site Sewage Disposal Systems on Hutchinson
Island ..................................... 351
1-7.8 Firearms ............................................. 371
1-8 Fish and Game ......................................... 373
1-8.5 Reserved ............................................. 383
1-9 Garbage,~ash and Refuse .............................. 421
Art. I. In General ................................... 421
Art. II. Abandoned Property, Garbage, ~ash, Junk and
Debris ...................................... 422
Art. III. Garbage and ~ash Collection . . . . . . . . . . . . . . . 426
Art. IV. Mandatory Disposal ......................... 433
1-10 Health and Sanitation ................................. 465
Art. I. In General ................................... 465
Art. II. Sludge, Septage and Sewage Disposal. ........ 465
Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . 469
Art. IV. St. Lucie County Cross Connection Control
Policy ...........:.......................... 470
1-10.5 Housing ............................................. 515
Art. I. In General ................................... 515
Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . . 515
Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
Art. IV. State Housing Initiatives Partnership Program 522
1-11 Library ............................................... 565
Art. I. In General ................................... 565
Supp. No. 49 X
Checklist of Up-to-Date Pages
(This cheeklist will be updated avith the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
PaSe.
In the first column all page numbers are listed in sequence. The second column
reflects the latest printing of the pages as they should appear in an up-to-date
volume. The letters "OC" indicate the pages have not been reprinted in the
Supplement Service and appear as published for the original Code. When a page
has been reprinted or printed in the Supplement Service, this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent
Supplements.
Page No. Supp. No. Page No. Supp. No.
Title page OC 113, 114 19
iii OC 115 19
v, vi OC 157, 158 41
vii, viii OC 159, 160 38
ix, x 49 161, 162 38
xi, xii 46 163, 164 41
xiii, xiv 46 165, 166 41
1, 2 OC 167, 168 49
3, 4 OC 171 49
55, 56 31 181, 182 49
57, 58 33 183, i 84 49
59, 60 26 185, 186 49
61, 62 26 187, 188 49
63, 64 26 189, 190 49
64.1 26 191, 192 49
65, 66 30 193, 194 49
67, 68 30 195, 196 49
69, 70 30 197, i98 49
71, 72 24 199, 200 49
73, 74 24 201, 202 49
75, 76 26 203, 204 49
77, 78 24 205, 206 49
79, 80 24 207, 208 49
83, 84 18 209, 210 49
85, 86 20 211, 212 49
87, 88 i 8 213, 214 49
89, 90 18 215, 216 49
107, 108
109 32
32 21.7, 218
219, 220 4Q
49
111, 112 19 221, 222 49
Supp. No. 49 [1]
ST. LUCIE COUNTY CODE
F~ k~To. ~upp. No. Page No. Supg. No.
223, 224 49 569, 570 43
225 49 570.1 43
261, 262 29 571, 572 42
263, 264 29 573, 574 42
265, 2Fi6 29 575, 576 42
285, ~86 33 577, 578 42
287, 288 35 579, 580 ~2
288.1 33, R,ev. 581, 582 42
289, 29A 34 617, 618 14
291, 292 46 619, 620 42
293 46 620.1 42
297, 298 39 621, 622 14
299, 300 39 622.1 14
301, 302 39 623, 624 11
303, 304 39 625, 626 OC
305 42 627, 628 26
313, 314 48 629, 630 42
315, 316 48 631, 632 42
317, 318 49 633, 634 42
318.1 49 635, 636 42
319, 320 48 637 42
321, 322 48 659, 660 43
337, 338 20 661, 662 43
339 20 663, 664 43
347, 348 34 665, 666 43
349, 350 34 667, 668 43
351, 352 34 669, 670 43
353 34 671, 672 43
371 25 689 29
373 9 697, 698 44
383 29 699, 700 44
421, 422 44 701, 702 44
423, 424 44 703, 704 44
425, 426 44 705, 706 44
427 44 707, 708 44
431, 432 29 715, 716 44
433, 434 32 717, 718 49
435, 436 32 719, 720 49
465, 466 44 , 721, 722 49
467, 468 44 723, 724 49
469, 470 44 725, 726 49
471 44 729, 730 19
515, 516 35 731, 732 19
517, 518 32 733, 734 19
519, 520 32 739, 740 32
521, 522 35 741, 742 32
523, 524 35 763, 764 9
565, 566 43 789, 790 42
567, 568 43 791, 792 42
Supp. No. 49 [2]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
793, 794 42 1043, 1044 36
795, 796 42 1045, 1046 49
797, 798 43 1047 49
799, 800 42 1049, 1050 47
801, 802 42 1065, 1066 46
803, 804 42 1066.1 46
805, 806 42 1067, 1068 34
807, 808 42 1069, 1070 43
809, 810 42 1071, 1072 43
849, 850 29 1072.1 41
851, 852 41 1073, 1074 34
853, 854 42 1075, 1076 34
857, 858 43 1077, 1078 34
859, 860 43 1079, 1080 32
861, 862 43 1081, 1082 46
863, 864 42 1095, 1096 35
865, 866 42 1097 35
867, 868 42 1113, 1114 30
869, 870 42 1127 OC
871, 872 42 1615 29
873 42 1987 29
879 20 2231, 2232 OC
903, 904 29 2233, 2234 OC
905, 906 15 2235, 2236 10
907, 908 41 2237 10
909, 910 49 2287 OC
911, 912 49 2337, 2338 15
913, 914 49 2339 15
915, 916 49 2389 OC
916.1 49 2439, 2440 44
917 42 2441,2442 44
919, 920 41 2443, 2444 44
921, 922 41 2445, 2446 46
923 41 2447,2448 44
924.1, 924.2 34 2449, 2450 44
924.3, 924.4 34 2451, 2452 44
924.5, 924.6 34 2453, 2454 44
924.7, 924.8 41 2455, 2456 44
924.9 41 2457, 2458 44
925, 926 17 2459, 2460 44
927, 928 17 2461, 2462 44
929, 930 29 2501, 2502 OC
957, 958 49 2503, 2504 OC
1005 29 2505, 2506 OC
1035, 1036 48 2507, 2508 OC
1036.1 48 2509, 2510 OC
1037, 1038 34 2511, 2512 OC
1039,1040 34 2513 12
1041, 1042 34 2535, 2536 12
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ST. LUCIE COUNTY CODE
Page No, Supp. No. Page No. Supp. No.
2537, 2538 12 3741, 3742 27
2539, 2540 12 3743, 3744 29
2541, 25~42 12 3745, 3746 29
2543 12 3747,3748 30
2563, 2564 OC 3749, 3750 35
2615, 2616 OC 3751, 3752 44
2617, 2618 OC 3752.1, 37522 49
2619, 2620 OC 3753, 3754 OC
2621 OC 3755, 3756 OC
2671, 2672 23 3757, 3758 OC
2673, 2674 23 3759, 3760 OC
2675, 2676 OC 3761, 3762 OC
2677, 2678 OC 3763, 3764 OC
2679, 2680 OC 3765, 3766 OC
2681, 2682 OC 3767, 3768 OC
2683, 2684 OC 3769, 3770 OC
2735, 2736 38 3771, 3772 OC
2737 38 3773, 3774 OC
2787 25 3775, 3776 OC
2837, 2838 OC 3777, 3778 44
2839, 2840 OC 3827, 3828 49
2841, 2842 OC 3829, 3830 49
2843, 2844 OC 3831, 3832 49
2895, 2896 OC 3849, 3850 49
2897 OC 3851, 3852 44
2947, 2948 OC 3853, 3854 46
2949, 2950 44 3854.1, 3854.2 49
2951, 2952 OC 3855, 3856 34
2953, 2954 OC 3857, 3858 49
30C~5, 3006 23 3859, 3860 44
3007, 3008 23 3861, 3862 49
3009, 3010 23 3862.1 44
3011 23 3863,3864 42
3063, 3064 OC 3864.1 42
3065, 3066 OC 3865, 3866 49
3067, 3068 OC 3866.1, 38662 40
3119 OC 3867, 3868 44
3169, 3170 OC 3869, 3870 44
3671, 3672 OC. 3871, 3872 44
3673 5 3873,3874 44
3723, 3724 OC 3875, 3876 45
3725, 3726 OC 3876.1, 3876.2 49
3727, 3728 1 3877, 3878 43
3729, 3730 10 3879, 3880 42
3~31, 3732 14 3881, 3882 42
3733, 3734 14 3882.1 42
3735, 3736 19 3883, 3884 38
3737, 3738 18 3885, 3886 44
3739, 3740 27 3887, 3888 49
Supp. No. 49 [4]
CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No.
3889, 3890 49
3891, 3892 44
3893 44
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Supp. No. 49 [5]
ANIMALS AND FOWL § 1-4-28
(2) When any violation of this article results in the destruction or loss of personal
property;
(3) When an owner or person is cited with a second or subsequent violation of any part of
section 1-4-23, except for subsections (~ and (h);
(4) When a person is cited with a third or subsequent violation of any part of this article.
(g) If any person fails to pay the civil penalty, fails to appear in court to contest the citation,
or fails to appear in court as required herein, the court may issue an order to show cause. The
order shall require such persons to appear before the court to explain why action on the
citation has not been taken. If any person who is issued such order fails to appear in response
to the court's directive, that person may be held in contempt of court.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-27. ~aining requirements for animal control off'icers.
(a) Animal control officers who were not authorized prior to January 1, 1990, by St. Lucie
County to issue citations must successfully complete a forty-hour minimum.standards training
course. Such course shall include, but is not limited to, training for: Animal cruelty
investigations, search and seizure, animal handling, courtroom demeanor, and civil citations.
The course curriculum must be approved by the Florida Animal Control Association. An animal
control officer who successfully completes such course shall be issued a certificate indicating
that he has received a passing grade. Pursuant to Section 828.27, Florida Statutes, a
surcharge of two dollars ($2.00) upon each civil penalty imposed for violation of this article
shall be collected and the proceeds from such surcharge shall be used to pay the costs of the
forty (40) hour minimum standards training course for animal control officers.
(b) In order to maintain valid certification, every two (2) years each certified county animal
control officer shall complete four (4) hours of postcertification continuing education training.
Such training may include, but is not limited to, training for: Animal cruelty investigations,
search and seizure, animal handling, courtroom demeanor, and civil citations.
(Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-28. ~aveling' animal shows-Permit required.
(a) The owner or operator of any traveling animal show desiring to operate in the
unincorporated area of St. Lucie County, Florida shall make written application for permit on
forms provided by the animal control division no later than sixty (60) days prior to the first
performance of any spectacle, display, act or event within the county. Such application shall
include but not be limited to the name of the owner of the traveling animal e~ibition, all
proposed locations within the county for the traveling animal show, the date the animal show
is to arrive within the county, the date of departure and all dates on which it is perform at any
location within the county. The applicant shall further provide proof of the following:
1. Current liability insurance with coverage of one hundred thousand dollars ($100,000.00)
per person, three hundred thousand dollars ($300,000,00) per occurrence, with a
maximum deductible of ten thousand dollars ($10,000.00).
Supp. No. 4s 167
§ 1-4-28 ST. LUCIE COUNTY CODE
2. All applicable state u~spection certificates including a current USDA permit.
3. A veterinarian on duty if the show involves wildlife or captive wild animals.
4. Apermit fee of fifty dollars ($50.00) shall be paid at the time the application for permit
was made.
(b) The term "traveling animal show" shall be defined as follows: Any spectacle, display, act
or event, including circuses and carnivals, where animals are maintained, whether or not the
animals actually perform, whose owners or operators do not have their principal place of
business in the county and which is required to obtain an occupational license pursuant to
chapter 1-12 of the St. Lucie County Code and Compiled Laws.
(Ord. No. 95-28, Pt. A, 9-12-95)
[The next page is 171]
Supp. No. 49 168
Chapter 1-5
R,ESERVED*
*Editor9s note-Chapter 1-5 was repealed by Pt. C of Ord. No. 90-36, adopted July 26,
1990, effective Aug. 1, 1990, which ordinance enacted a land development code for the county.
The provisions of former Cho 1-5 pertained to buildings and building regulations as contained
;n §§ 1-5-16-1-5-22, 1-5-28, 1-5-41, 1-5-51, 1-5-61, 1-5-62, 1-5-71, 1-5-72, 1-5-81-1-5-89 and
1-5-91. For a comprehensive listing of the ordinances and resolutions from which the repealed
provisions derived, please refer to the Code Comparative Table-Resolutions, beginning on
page 3671 and the Code Disposition Table-Ordinances, beginning on page 3723.
Provisions relative to buildings may be found in the land development code of the county,
which is published as a separate volume and is on file in the offices of the county.
[The next page is 1~1]
Suppe No. 49 171
Chapter 1-5.5
CABLE TELEVISION FRANCHISE ORDINANCE
Secs. 1-5.5-1-1-5.5-5. fteserved.
Sec. 1-5.5-6. Short title.
This chapter shall be known and may be cited as the St. Lucie County Cable Television
Franchise Ordinance.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-7. Incorporation in Code.
The provisions of Ordinance No. 97-03 shall be incorporated in the County Code and the
word "ordinance" may be changed to "section," "article," or other appropriate word, and the
sections of Ordinance No. 97-03 may be renumbered or relettered to accomplish such
intentions.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-8. Intent and purpose.
(a) It is the intent of the county and the purpose of this chapter to promote the public
health, safety, and general welfare by providing for the grant of one (1) or more franchises for
the construction and operation of a cable system within the unincorporated area of the county;
to provide for the regulation, to the extent provided for by law, of each cable system within the
county in the public interest; to provide for the payment of fees and other valuable
consideration by a franchisee to the county for the use of streets by its cable system; to promote
the widespread availability of quality cable service and programming to county residents and
businesses, the county, and other public institutions; to encourage the development of cable
and other communications technologies and cable systems as a means of communication
between and among members of the public, county businesses, the county, and other public
institutions; to promote competitive cable rates and services; to promote the safe and efficient
use of county streets; to enhance and maximize the communicative potential of streets used by
cable systems; and to encourage the provision of a diversity of information sources and services
to county residents, businesses, the community, the county and other public institutions by
cable technology.
(b) Recognizing the continuing development of communications technology and uses, it is
the policy of the county to encourage competition, experimentation and innovation in the
development of cable system uses, services, programming and techniques that will be of
general benefit to the community to the extent all such experiments and innovations are
consistent with applicable laws.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 181
§ 1-5.5-9 ST. LUCIE COUNTY CODE
sec. i-5.5-9. {~rant af authority; applicability.
(a) This chapter is enacted under the home rule power of the county to promote the public
health, safety and general welfare by providing regulations for the installation, use and
operation of cable television systems in the county. This chapter shall apply to and be enforced
within the unincorporated areas of the county. However, should any area within the
unincorporated area become annexed or otherwise part of an incorporated municipality, this
chapter shall cease to have any effect immediately upon receipt of written notice by the board
of county commissioners that said municipality is exercising its regulatory authority over
cable television.
(b) The county may grant one (1) or more franchises in accordance with this chapter.
(c) No person may construct or operate a cable system or any other communications
transmission facilities over, on, or under public streets in the unincorporated areas of the
county without a franchise granted by the county unless otherwise authorized by law, and no
person may be granted a franchise without having entered into a franchise agreement with the
county pursuant to this chapter.
(d) Unless otherwise authorized by applicable law, any franchise granted pursuant to this
chapter is solely for the provision of cable service and shall not be construed to authorize the
provision of telephone, non-cable video or other telecommunications service. Subject to
applicable law, a franchisee shall submit an application to the county for the privilege of
providing other telecommunications services including, but not limited to, telephone service,
and/or non cable video service prior to initiating the offering of such services. Failure to do so
shall be considered a material violation of this chapter.
(e) A franchise granted pursuant to this chapter does not authorize installation or operation
of a cable television or cable communication services within any municipality.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-10. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations
shall have the meaning set forth herein. When not consistent with the context, words used in
the present tense include the future, words in the plural number include the singular number
and words in the singular number include the plural number. The word "shall" is mandatory
and "may" is permissive. Words not otherwise defined herein or in any franchise agreement
that might be granted hereundAr shall be given the meaning set forth in the Communications
Act of 1934, as amended, 47 U.S.C. 151 et seq., and as that Act may hereinafter be amended,
and, if not defined therein, their common and ordinary meaning.
Actiuated channel means those channels engineered at the headend of a cable system for the
provision of services generally available to residential subscribers of the cable system,
regardless of whether such services actually are provided, including any channel designated
Supp. No. 49 182
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-10
for public, educational, or governmental use. Channels on which signals flow in the direction
from the headend to the subscriber are refened to as "downstream channels." Where the signal
flows to the headend for redistribution, it shall be referred to as an "upstream channel."
Access channel means any channel on a cable system set aside without charge by the
franchisee for public, educational and/or local governmental use.
Affiliate means any person who owns (which shall be construed to mean ten (10) per cent
ownership or greater or as defined by FCC rules and regulations) or controls, is owned or
controlled by or is under common ownership or contract with a franchisee.
Applicant means any person submitting an application within the meaning of this chapter.
Application means any proposal, submission or request to (1) construct and operate a cable
system within the county; (2) transfer a franchise or control of the franchisee; (3) renew a
franchise; (4) modify a franchise; or (5) seek any other relief from the county pursuant to this
chapter, a franchise agreement, the Communications Act, or other applicable law. An
application includes an applicant's initial proposal, submission or request; as well as any and
all subsequent amendments or supplements to the proposal and relevant correspondence.
Basic cable service or basic service means any service tier which includes the retransmission
of local television broadcast signals, and public, education, or governmental access.
Board means the board of county commissioners of St. Lucie County.
Cable seruice means (1) the one-way transmission to subscribers of video or other
programming service; and (2) subscriber interaction, if any, which is required for the selection
or use of such video programming services.
Cable communications system or system, also referred to as cable television system, cable
system, CATV system or community antenna TV system, shall mean a facility, consisting of a set
of closed transmission paths and associated signal generation, reception, and control equip-
ment that is designed to provide cable television service which includes video programming
and which is provided to multiple subscribers within the county, but such terms do not include:
(1) A facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
(2) A facility that serves only subscribers without using any public right-of-way;
(3) A facility of a common carrier. which is subject in whole or in part, to the provisions of
~tle II of the Communications Act, except that such facility will be considered a cable
system to the extent it is used in the transmission of video programming to subscribers
unless the extent of such use is solely to provide interactive on demand services;
(4) An open video system that complies with Section 653 of the Telecommunications Act of
1996;
(5) Any facilities of any electric utility used solely for operating its electric utility systems.
Supp. No. 49 183
§ 1-5.5-10 ST. LUCIE COUNTY CODE
Subject to a~plicable law, the foregoing definition of °cable system" shall not be deemed to
circumscribe the valid authority of the county to regulate the activities of any other
communications system or provider of communications services including but not limited to
telephony and open video systems.
Communications Act means the Communications Act of 1934, 47 U.S.C. 151 et seq., as that
act has and may hereinafter be amended.
Control of a franchisee, or applicant means possession of the ability to direct or cause the
direction of the management or policies of a franchisee, or applicant, or the operation of a
franchisee's system, whether through actual operational control in whatever manner exercis-
ing ownership of voting securities, by contract or understanding, or in any other manner.
County means St. Lucie County, Florida.
Easement dedicated for compatible use means (1) an easement open for the use of a cable
operator pursuant to the Communications Act and (2) easements and dedications provided for
cable television facilities pursuant to Chapter 177 Florida Statutes and of this chapter.
Fair market value means the price that a willing buyer would pay to a willing seller for a
going concern but with no value allocated to the franchise itself.
FCC means the Federal Communications Commission and any duly established successor.
Franclxise means the right expressly granted by the county to a franchisee in a franchise
agreement to construct, maintain and operate a cable system under, on and over streets, roads
and any other public ways, rights-of-ways or easements within all or specified areas of the
county. The term does not include any franchise, permit, license or other authorization that
may be required by this chapter or other laws, ordinances or regulations of the county for the
privilege of transacting and carrying on a business within the county or for disturbing or
carrying oui any work on any street.
Franchise agreement means a contract entered into in accordance with the provisions of this
chapter between the county and a franchisee that sets forth the terms and conditions under
which the franchise will be exercised.
Franchisee means any person granted a franchise pursuant to this chapter who has entered
into a franchise agreement with the county.
Franchise fee means the fee paid by the franchisee to the county in consideration of the use
of public streets and rights-of-way.
Franchise territory or franchise area means that specific geographical area in which the
franchisee is authorized to provide cable communications services.
Gross reuenues means all revenues recognized directly or indirectly by the franchisee from
any source whatsoever to the extent that such revenues are derived from the operation of the
cable system to provide cable services in the county. Gross revenues includes, but is not limited
to, fees charged subscribers for basic service; fees charged subscribers for any optional,
premium, per-channel or per-program services; fees charged subscribers for any tier of ser~~ic~
Supp. No. 49 184
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-10
other than basic service; installation, disconnection, reconnection and change-in-service fees;
leased access fees; fees, payments or other consideration from programmers for carriage of
programming on the system (exclusive of marketing and promotion support); revenue from
remote converter, modem or other equipment rentals or sales; revenues from studio and studio
equipment rental; revenues from transmission of data; advertising revenues allocable to the
unincorporated areas of the county based on a percentage of subscriber base in the county
divided by the subscriber base of the system. Such percentage will then be multiplied by the
cable systems' total advertising revenue to determine the allocable gross revenue stemming
from advertising revenues from home shopping channels, provided that where certain home
shopping channel revenue is allocable to more than one (1) franchise area due to common zip
codes, the franchise will allocate the percentage of revenue to the county which is equivalent
to the percentage of the county's population divided by the total population for the allocable
franchise areas in question. Gross revenues shall be the basis for computing the franchise fee
imposed pursuant to section 1-5.5-30 hereo£ Gross revenues shall not include any taxes on
services furnished by the franchisee which are imposed upon any subscriber or user by the
state or county or other governmental unit and collected by the franchisee on behalf of said
governmental unit and which the franchisee passes on in full to the applicable tax authority
or authorities. However, the franchise fee shall not be included within the definition of gross
revenues unless and until applicable law as determined by a final non-appealable decision by
a court of competent jurisdiction allows the county to so include the franchise fee in gross
revenues.
Institutional network means a voice, data and/or video communications system constructed,
operated and/or maintained by the franchisee for the county, the transmissions on which are
generally available only to, and intended to be sent and received by, persons other than cable
subscribers generally.
Interconnection means the electronic connection of two (2) or more cable systems for the
purpose of sharing access channel programming.
Law means all duly enacted and applicable federal, state and county laws, ordinances,
codes, rules, regulations and orders.
Leased access channel or leased channel means a channel designated in accordance with
Section 612 of the Cable Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with
the franchisee.
Ouerbuild means a cable system constructed to serve subscribers in an area of the county
served by an e~usting cable system.
Person means an individual, partnership, association, joint stock company, trust, corpora-
tion or governmental entity, or any lawful successor, transferee or assignee of said individual,
partnership, association, joint stock company, trust corporation or government entity or
personal representative thereof or other legal entity, but shall not mean the county unless
otherwise required by applicable law.
Supp. No. 49 185
§ 1-5.5-10 ST. LUCIE COUNTY CODE
Progra~mer mea~s a p~~son or entity who or which produces or otherwise provides
pragrarn matei ial a~ information for transmission by video, audio, digital, or other signals,
either live or from recorded tapes or other storage media, to subscribers by rneans of the cable
communications system.
Public ways is an abbreviated term intended to encompass all public rights-of-way of any
description whatsoever in the unincorporated area subjec~t to the control of the county.
Section means seetion, subsection, or provision of this chapter.
Seruice area means that portion of the county, as set forth in the franchise agreement,
within which the franchisee has the obligation to install, operate and maintain a cable system.
State of the art shall mean that technology or those services made available on an
operational, non-experimental basis to subscribers in any community in the State of Florida by
a franchisee by any system controlled by a parent, affiliate or subsidiary of franchisee within
the State of Florida.
Street or streets means the surface, the air space above the surface and the area below the
surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thorough-
fare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court,
lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place,
including public utility easements dedicated for compatible uses, or any other property in
which the county holds any kind of property interest or over which the county exercises any
type of lawful control, and any temporary or permanent fixtures or improvements located
thereon, as may be ordinarily necessary and pertinent to construct and operate a cable system.
Subscriber means any person who lawfully receives cable service delivered over the cable
system with the franchisee's express permission.
Subscriber base means the total number of residential and commercial subscribers within
the county.
System malfunction means any cable system equipment, facility or signal failure or
malfunction that results in the loss of satisfactory service on one (1) or more channels to one
(1) or more subscribers. A malfunction is major if it affects ten (10) or more subscribers.
1'ransfer of a franchise means any transaction in which (I) an ownership or other interest
in a franchisee or its cable system is transferred from one (1) person or group of persons to
another person or group of persons so that control of a franchisee is transferred; or (2) the
rights and/or obligations held by a franchisee under a franchise agreement are transferred or
assigned to another person, group of persons or business entity.
Two-way capability means the incorporation into a cable system of all appropriate design
and engineering characteristics and features so that two-way transmission, including but not
limited to address ability, over the system can be implemented and activated.
Supp. No. 49 186
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-11
Video channel or channel means a portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television channel, including the
associated audio signal, as television channel is defined by the FCC by regulation or otherwise.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-11. Application for grant, renewal, modification or transfer of franchises.
(a) A written application shall be filed with the board for (1) grant of a new franchise; (2)
renewal of a franchise in accordance with Section 626 of the Communications Act, 47 U.S.C.
546; (3) modification of a franchise agreement; (4) a transfer of a franchise; or (5) any other
relief from the county pursuant to this chapter or a franchise agreement.
(b) To be acceptable for filing, a signed original of the application shall be submitted
together with seven (7) copies, be accompanied by the required non-refundable application
fiiing fee as set forth in subsection (i) hereof, conform to any applicable request for proposals,
and contain all reasonably required information. All applications shall include the names and
addresses of persons authorized to act on behalf of the applicant with respect to the
application.
(c) All applications accepted for filing shall be made available by the county for public
inspection.
(d) An application for the grant of a new franchise may be filed pursuant to a request for
proposals issued by the county or on an unsolicited basis. The county, upon receipt of an
unsolicited application, may issue a request for proposals. If the county elects to issue a
request for proposals upon receipt of an unsolicited application, the applicant may submit an
amended application in response to the request for proposals, or may inform the county that
its unsolicited application should be considered in response to the request for proposals, or may
withdraw its unsolicited application. An application which does not conform to the reasonable
requirements of a request for proposals may be considered nonresponsive and denied on that
basis.
(e) An application for the grant of an initial franchise shall contain, at minimum, the
following information:
(1) Name and address of the applicant and identification of the ownership and control of
the applicant, including: the names and addresses of all persons with five (5) per cent
or more ownership interest in the applicant, including the names and addresses of
parents or subsidiaries holding such ownership interests directly or indirectly; the
persons who control the applicant; all officers and directors of the applicant; and any
other cable system ownership or other communication ownership interest of each
named person;
(2) An indication of whether the applicant, or any person controlling the applicant, or any
officer, or director or person with five (5) per cent or more ownership interest in the
applicant, has been adjudged bankrupt, had a cable franchise or franchise revoked, or
been found by any court or administrative agency to have violated a security or
Supp. No. 49 187
§ 1-5.5-11 ST. LUCIE GOUNTY CODE
ar~titrust la~v, ar :to have com~nitted a felony, or any cri~e involving moral turpitude;
and, if so, identification of any such person and a full explanation of the circumstances;
(3) A demonstration of the applicant's technical, legal and fmancial ability to construct
and/or operate the proposed cable system, including identification of key personnel;
(4) A statement prepared by a certified public accountant or duly authorized financial
o~cer of the applicant regarding the applicant's financial ability to complete the
construction and operation of the cable system proposed;
(5) A description of the applicant's prior experience in cable system ownership, construc-
tion and operation, and identification of communities in which the applicant or any
person controlling the applicant or having more than a ten (10) per cent ownership
interest in applicant has, or has had, a cable franchise or franchise or any interest
therein;
(6) Identification of the area of the county to be served by the proposed cable system,
including a description of the service area's boundaries;
(7) A description of the physical facilities proposed, including channel capacity, perfor-
mance characteristics, headend, and access facilities; upon request, the applicant shall
make information on technical design available for inspection;
(8) Where applicable, a description of the construction of the proposed system, including
an estimate of plant mileage and its location, the proposed construction schedule, a
description, where appropriate, of how services will be converted from existing
facilities to new facilities, and information on the availability of space in conduits
including, where appropriate, an estimate of the cost of any necessary rearrangement
of existing facilities;
(9) For informational purposes, the proposed rate structure, including projected charges
for each service tier, installation, converters, and other equipment or services, and the
applicant's ownership interest in any proposed program services to be delivered over
the cable system;
(10) A demonstration of how the applicant's proposal will reasonably meet the future
cable-related needs and interests of the community, including a description of how the
proposal will meet the needs described in any recent community needs assessment
conducted by or for the county;
(11) Pro forma financial projections for the first five (5) years of the franchise term,
including a statement of projected income, and a schedule of planned capital additions,
with all significant assumptions explained in notes or supporting schedules;
(12) If an applicant proposes to provide cable service to an area already served by an
existing cable franchisee, the ~dentification of the area where the overbuild would
occur, the potential subscriber density in the area which would encompass the
overbuild, and the ability of the streets to accommodate an additional system;
(13) Any other information as may be reasonably necessary to demonstrate compliance
with the requirements of this chapter and information that the board may request of
the applicant that is relevant to the board's consideration of the application; and
Supp. No. 49 188
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-11
(14) An affidavit or declaration of the applicant or an authorized officer certifying the truth
and accuracy of the information in the application, acknowledging the enforceability of
application commitments, and certifying that the proposal meets all federal and state
law requirements.
( fl An application for modification of a franchise agreement shall include, at minimum, the
following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the requested
modification on subscribers and others, and the financial impact on the applicant if the
modification is approved or disapproved;
(3) A statement whether the modification is sought pursuant to Section 625 of the
Communications Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested
modification meets the standards set forth in 47 U.S.C. § 545;
(4) Any other reasonable information necessary for the board to make an informed
determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the truth
and accuracy of the information in the application, and certifying that the application
is consistent with all federal and state law requirements.
(g) An application for renewal of a franchise shall comply with the requirements of section
1-5.5-16 hereof.
(h) An application for approval of a transfer of a franchise shall comply with the
requirements of section 1.5-5.16 hereof.
(i) To be acceptabie for filing, an application shall be accompanied by a nonrefundable filing
fee in the following amount, as appropriate:
(1) For a new or initial Franchise: $7,500.00
(2) For renewal of a franchise: $5,000.00
(3) For a transfer of a franchise (other than a pro forma transfer): $2,500.00
(4) For a pro forma transfer of a franchise: $1,000.00
(5) For modification of a franchise agreement pursuant to 47 U.S.C. § 545: $2,500.00
(6) For any other relief: $1,000.00
The purpose of the filing fee is to defray the county's cost in processing an application. The
filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a
franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. §
542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise
agreement.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 189
§ 1-5.5-12 ST. LUCIE COUNTY CODE
Sec. 1-5.5-12. Gran~ of franchises; evaluation.
(a) The board may grant a franchise for a period not to exceed fifteen (15) years to serve all
or a specified area of the county.
(b) The board may grant a franchise for all or any defined portion of the county. The service
area in the franchise territory may be either a part of or the entire franchise territory as
defined in the franchise agreement.
(c) The board may make the grant of a franchise conditioned upon the completion of
construction within a reasonably prescribed time or upon the perf'ormance of other specific
obligations which are to be set forth in the franchise agreement, specifying that failure to
comply with the condition will cause the franchise to become null and void without further
action by the board.
(d) In evaluating an application for a franchise, the board may consider, among other
things, the following factors:
(1) The economic impact upon private property within the franchise area;
(2) Public need for such franchise, if any;
(3) The capacity of public rights-of-way to accommodate the cable system;
(4) The present and future use of the public's rights-of-way to be used by the cable system;
(5) The potential disruption to existing users of the public's rights-of-way to be used by the
cable system and the resulting inconvenience which may occur to the public;
(6) The legal, technical and financial ability of the franchise applicant to perform;
(7) Other societal interests as are generally considered in cable television franchising; and
(8) Such other additional matters, both procedural and substantive, as the board may in
its sole discretion determine to be relevant, including but not limited to the extent to
which the proposal of the applicant will meet the anticipated cable related needs and
interests of the community and serve the public interest. Evaluation by the county
shall not be based on the content of the programming the applicant proposes to
provide.
(e) The board shall hold a public hearing to consider an application or applications. The
applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard.
Based upon the applications, the testimony presented at the public hearing, any recommen-
dations of the county administrator or staff, and any other information relevant to the
application(s), the board shall decide by resolution whether to grant or deny a franchise
application(s) and decide the terms and conditions of any franchise(s) granted.
(fl If the board grants a franchise, the franchisee shall file an acceptance of the franchise
accompanied by any and all bonds, certified of insurance or other obligations as required in a
franchise agreement within forty-five (45) calendar days from the date of the county resolution
making the grant. This period may be extended for good cause by t11e board. If the acceptance
Supp. No. 49 190
CABLE TELEVISION FRANCHISE OKDINANCE § 1-5.5-13
is not filed with the county within forty-five (45) calendar days from the date of the county
resolution making the grant, or if the period is not extended by the board, the franchise grant
will be null and void without further action by the board. In this case of a renewal, the board
may, at its option, grant franchisee a short term extension(s) until a franchise agreement is
reached. The grant of such a short term extension(s) will not confer on franchisee the right to
an automatic acceptance, transfer, modification or renewal.
(g) Following at least ten (10) days' prior notice to the applicant and the public, the board
shall hold a public hearing at which time it will receive comment on the proposed franchise
agreement.
(h) After complying with the above requirements, the board shall approve or disapprove the
proposed franchise agreement by resolution, or may direct that it be subject to further
negotiation.
(i) The board may, in its sole discretion, waive any or all of the above application
requirements for cable operators providing service within the county prior to January 1, 1997,
provided that such operators (1) agree to comply with all provisions of this chapter and (2)
enter into a franchise agreement with the county no later than one hundred twenty (120) days
from the effective date of this chapter.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-13. Renewals.
(a) Franchise renewal proceedings should be conducted in accordance with applicable
federal law, including, but not limited to, Section 626 of the Cable Aet 47 U.S.C. 546 and
applicable state law. To the extent such additional requirements of this chapter or rules and
regulations hereafter adopted by the board are consistent with applicable law, such require-
ments shall apply.
(b) If renewal of a franchise is lawfully denied, the board may acquire ownership of the
cable system or effect a transfer of ownership of the system to another person upon approval
of the county commission. Any such acquisition or transfer shall be at fair market value,
determined on the basis of the cable system valued as a going concern but with no value
allocated to the franchise itself.
(c) If renewal of a franchise is lawfully denied and the board does not purchase the cable
system or approve or effect a transfer of the cable system to another person, the board may
require the former franchisee to remove its facilities and equipment at the former franchisee's
expense. If the former franchisee fails to do so within a reasonable period of time, but in no
event not to exceed one hundred eighty (180) days, the board may have the removal done at the
former franchisee's and/or surety's expense.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 191
§ 1-5.5-14 ST. LUCIE COUNTY CODE
Sec. 1-5.5-14. Ch~nges in ownership and/or contrc~l.
(a) The restrictions, requirements and procedures contained in this chapter apply if the
transaction proposed is an assignment of franchisee's franchise to a separate legal entity. The
terms "assignor" and "assignee" respectively should be used in lieu of "transferor" and
"transferee" as used herein, if the transaction proposed is an assignment of the franchise.
(b) Any franchise granted hereunder shall be a privilege to be held by the franchisee for the
benefit of the public. Said franchise cannot under any circumstances be assigned, or control
thereof transferred by any means whatsoever including, but not limited to, voluntary or
involuntary sale, consolidation, foreclosure, receivership, or other means without the prior
written consent of the board.
(c) The word "control" as used herein shall mean the acquisition or transfer by any person
or group of persons of ten (10) per cent or more of the voting shares of franchisee.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-15. Application(s) for consent to transfers of control.
(a) Whenever the holder of a franchise desires to effect a transfer of control or ownership of
the franchise to another legal entity, the transferor and the proposed transferee shall jointly
apply to the board for consent to transfer control or assignment of franchise. Such applications
must be signed; if a corporation, by an officer authorized to sign for the purpose; if a
partnership, by a general partner; if a proprietorship or joint venture, by a responsible
principal. Applications shall be filed in the office of the county administrator of St. Lucie
County.
(b) An application for a transfer of a franchise shall meet the requirements of section
1-5.5-11 hereof, and provide complete information on the proposed transaction, including
details on the legal, financial, technical and other qualifications of the transferee, and on the
potential impact of the transfer on subscriber rates and service. Except in the case of a pro
forma transfer, the application shall provide, at a minimum, the information required in
subsections 1-5.5-11(e)(1~-(e)(5), and (e)(14) with respect to the proposed transferee. The
information required in section 1-5.5-11(e)(6)-(e)(13) shall also be provided whenever the
proposed transferee expects material changes to occur in those areas. All information required
hereunder represents information expressly required as part of the applicant's requests for
approval or transfer.
(c) An application for approval of a pro forma transfer of a franchise shall be considered
granted on the sixty-first calendar day following the filing of such application with the county
unless, prior to that date, the board notifies the franchisee to the contrary. An application for
approval of a pro forma transfer of a franchise shall clearly identify the application as such,
describe the proposed transaction, and explain why the applicant believes the transfer is pro
forma. Unless otherwise requested by the Board within thirty (30) calendar days of the filing
Supp. No. 49 192
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-17
of an application for a pro forma transfer, the applicant shall be required only to provide the
information required in subsections 1-5.5-11(e)(1), (3) and (14) with respect to the proposed
transferee.
(d) In making a determination on whether to grant an application for a transfer of a
franchise, the board shall consider the legal, financial, technical and other qualifications of the
transferee to operate the system; whether the incumbent cable operator is in compliance with
its franchise agreement and this chapter and, if not, the proposed transferee's commitment to
cure such noncompliance; and whether operation by the transferee would adversely affect
cable services to subscribers, or otherwise be contrary to the public interest.
(e) No application for a transfer of a franchise shall be granted unless the transferee agrees
in writing that it will abide by and accept all terms of this chapter and the franchise
agreement, and that it will assume the obligations of the previous franchisee under this
chapter and the franchise agreement.
(fl The applications will be referred to the county administrator or the administrator's
designee for processing, evaluation, and a report containing recommendations will be
submitted to the board. No application(s) for consent shall be granted until after public
hearing.
(g) A public hearing will be conducted no later than one hundred and twenty (120) days
from the date the complete application(s) for consent is received by the county administrator.
The board shall publish notice of receipt of the application ten (10) days prior to the public
hearing.
(h) The board shall reach a determination whether to grant or deny the application no later
than one hundred twenty (120) days after receipt of the completed application.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-16. Consent not a waiver.
The consent of the county to any transfer of control, ownership or assignment of a franchise
shall not constitute a waiver or release of any of the rights of the county under this chapter or
the franchise agreement, whether arising before or after the date of the transfer, which it has
at law. Any consent by the county shall be construed to subject the new franchisee to all of the
terms and conditions of the original franchisee.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-17. Fee and forfeiture.
No application for consent to assignment or transfer of control of a franchise will be granted
until all fees and forfeitures due the county hereunder have been paid, and all lawful claims
which the county may have against the transferor have been settled.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 193
§ 1-5.5-18 ST. LUCIE COUNTY CODE
Sec. 1-5.5-18. Acceptance by transferee.
No assignment or transfer of control shall be effective until the new franchisee has become
a signatory to the franchise agreement.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-19. Franchise characteristics rights and obligations.
(a) A franchise authorizes use of county streets for installing cables, wires, lines, optical
fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as
necessary and pertinent to operate a cable system within the unincorporated areas of the
county, but does not expressly or implicitly authorize the franchisee to provide service to, or
install cables, wires, lines, underground conduit, or any other equipment or facilities upon
private property without owner consent (except for use of compatible easements pursuant to
Section 621 of the Communications Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately
owned conduits without a separate agreement with the owners.
(b) A franchise is nonexclusive, and will not expressly or implicitly preclude the issuance of
other franchises to operate cable systems within the county, or affect the county's right to
authorize use of county streets to other persons to operate cable systems or for other purposes
as it determines appropriate.
(c) The county reserves the right to reasonably designate where a franchisee's facilities are
to be placed within the streets.
(d) A franchise shall be a privilege which is in the public trust. No transfer of a franchise
shall occur without the prior consent of the county and unless application is made by the
franchisee and county approval obtained pursuant to this chapter.
(e) A franchise granted to an applicant pursuant to an application submitted pursuant this
chapter to construct, operate and maintain a cable television system within a specified
franchise territory, shall be deemed to constitute both a right and an obligation on the part of
the franchisee to provide the services and facilities of a cable television system as required by
the provisions of this chapter and the franchise. All relevant representations made by the
franchisee in its application and/or public hearings before the board of county commissioners
shall be deemed to be material and made for the purpose of inducing the county to grant the
franchise in the form accepted.
(fl Notwithstanding anything to the contrary, and unless enforcement of this provision is
prohibited by applicable law, in the event that an applicant granted a cable television
franchise, its parent, affiliate or subsidiary elects to ofFer to subscribers video programming
services or telecommunications services through any means or method not included within the
definition of a cable system, including but not limited to an "open video system," franchisee
shall remain subject to all terms and conditions of the cable television franchise granted by the
county.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 194
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-22
Sec. 1-5.5-20. Conflict of laws.
(a) It is intended that any franchise granted pursuant to this chapter shall be consistent
with applicable state, federal and local law. In the event the provisions of this chapter conflict
with any applicable state or federal law, including but not limited to, the lawful rules and
regulations of the FCC and/or other state or federal agencies having jurisdiction, the statutory
requirements and lawful rules and regulations shall be controlling.
(b) All local laws and ordinances applicable within St. Lucie County in conflict with the
provisions of this chapter, are hereby repealed to the extent of such conflict. Any franchise
granted hereunder is hereby made subject to the general ordinance provisions of St. Lucie
County now in effect or hereafter made effective.
(c) The provisions of this chapter shall apply to a franchise agreement as if fully set forth
in the franchise agreement, and the express terms of this chapter will prevail over conflicting
or inconsistent provisions in a franchise agreement unless such franchise agreement expresses
an explicit intent to waive a requirement of this chapter.
(d) Subject to applicable law, except as may be specifically provided in this chapter or under
the terms of a franchise agreement and subject to the Cable Act, the failure of the county, upon
one (1) or more occasions, to exercise a right or to require compliance or performance under
this chapter or a franchise agreement shall not be deemed to constitute a waiver of such right
or a forfeiture of a right to compel compliance or performance.
(e) The franchisee shall at all times be subject to all lawful exercise of the police power of
the county.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-21. Franchise nonexclusive.
(a) Any franchise granted shall be nonexclusive. The board reserves the right to grant, at
any time, and consistent with this chapter, such additional franchises for cable television
systems, as it finds may promote the public convenience, safety, and general welfare of the
residents of St. Lucie County. All such Franchises shall be granted consistent with applicable
law.
(b) To the extent expressly required by law, the county shall not grant a cable franchise on
terms and conditions more favorable or less burdensome than those to which existing
franchisees are subject.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-22. Overlapping applications.
In the event a franchise application is fiied proposing a service territory which overlaps in
whole or in part an e~sting service area, a copy thereof shall be served by the applicant by
registered mail upon the current licensed franchisee. Proof that a copy of the franchise
application has been served upon the current franchisee shall be provided to the board. No
Supp. No. 49 195
§ 1-5.5-22 ST. LUCIE COUNTY CODE
application for overlapping territory shall be processed until proof of service has been
furnished to the board, and no such application shall be granted without full public hearing on
the request.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sea 1-5.5-23. Duration.
Subject to the conditions specified herein, the terms of any franchise and all rights,
privileges, obligatians and restrictions pertaining thereto shall be subject to negotiation and
specified in the franchise agreement unless terminated sooner as hereinafter provided.
However, no such franchise shall be granted for a term longer than fifteen (15) years. The
effective date of the franchise shall be the date of the execution of the franchise agreement by
the board following acceptance by the franchisee. Any franchisee desiring a renewal shall
submit a proposal as specified in section 1-5.5-14.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-24. Use of public streets and ways.
(a) The board shall authorize the franchisee, subject to the provisions of this chapter and
any franchise agreement, to erect, install, construct, reconstruct, and maintain, on, over,
under, upon, across, and along the public streets and ways within a specified areas of the
franchise territory such wires, cables, conductors, ducts, conduits, vaults, manholes, trenches,
amplifiers, appliances, attachments, poles, towers and other property and equipment as are
necessary and appropriate to the operation of the cable television system; provided however,
that prior to the exercise of any such rights the franchisee shall in each case file an application
for a construction permit with the county administrator or such county agency as designated
in such form and including such data and drawings as the board shall specify, and franchisee
may not proceed with the work described in the application before franchisee has received
written approval and a formal construction permit has been issued. The county administrator
or his designee shall make a determination whether to grant or deny the franchisee's request
for the permit no later than thirty (3U) days from receipt of a completed application and all
information in connection therewith requested by the county administrator or his designee.
(b) All work shall be in accordance with Florida Statutes and the St. Lucie County Code of
Laws and Ordinances.
(c) Neither this chapter nor any franchise granted hereunder shall expressly or implicitly
authorize the franchisee to provide service to, or install cables, wires, lines, underground
conduit, or any other equipment or facilities upon private property without owner consent
(except for use of compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C. §
541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with
the owners.
(d) All privileges prescribed by a franchise shall be subordinate to any prior lawful
occupancy of the streets, and the county reserves the right to reasonably designate where a
franchisee's facilities are to be placed within the streets.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 196
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-25
Sec. 1-5.5-25. Operation and relocation, etc., of franchisee's property.
(a) The franchisee shall, at its expense, protect, support, temporarily disconnect, relocate in
the same street or other public place, or remove from the street or other public place, any
property of the franchisee when required by the board, by reason of traffic conditions, public
safety, street vacation, freeway and street construction, change or establishment of street
grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any
other type of structures or improvements by public agencies; provided, however, that the
franchise shall in all such cases have the privileges and be subject to the obligations to
abandon any property of the franchisee in place. The franchisee shall be entitled to
reimbursement of expenses to the extent and on the same terms and conditions as any utility.
(b) The franchisee shall, at its own expense and in a manner approved by the county,
promptly restore or repair to previous or better condition any damage or disturbance caused
to the public way as a result of the franchisee's operations or construction on its behalf.
(c) Any pavements, sidewalks, curbing or other paved area taken up or any excavations
made by a franchisee shall be done under the supervision and direction of the board under
permits issued for work by the proper officials of the county, and shall be done in such manner
as to give the least inconvenience to the inhabitants of the county and shall be done in the
manner least disruptive to the affected property. A franchisee shall, at its own cost and
expense, and in a manner approved by the board, replace and restore any such pavements,
sidewalks, curbing or other paved areas to as good a condition as before the work involving
such disturbance was done, and shall also prepare, maintain and provide to the county
engineer full and complete plans, maps and records showing the exact locations of its facilities
located within the public streets, ways, and easements of the county. These maps shall be
available in any form requested by the county engineer.
(d) Except to the extent required by law, a franchisee shall, at its expense, protect, support,
temporarily disconnect, relocate, or remove, any of its property when required by the board by
reason of traffic conditions, public safety, street construction, street resurfacing or widening,
change of street grade, installation of sewers, drains, water pipes, power lines, signal lines,
tracks, or any other type of municipal or public utility improvements; provided, however, that
the franchisee shall, in all such cases, have the privilege of abandoning any property in place.
(e) A franchisee shall, on the request of any person holding a building moving permit issued
by the county, temporarily raise or lower its wires to permit the moving of buildings. The
expense of such temporary removal or raising or lowering of wires shall be paid by the person
requesting same, and the franchisee shall have the authority to require such payment in
advance, except in the case where the requesting person is the county, in which case no less
than five (5) calendar days advance notice to arrange for such temporary wire changes.
(~ A franchisee shall upon notice to the county of not less than seven (7) days, have the
authority to trim the trees or other natural growth upon and overhanging the streets so as to
prevent the branches of such trees from coming in contact with the wires, cables and other
equipment of the franchisee, except that, at the option of the county, such trimming may be
done by it or under its supervision and direction at the expense of the franchisee.
Supp. No. 49 197
§ 1-5.5-25 ST. LUCIE COUNTY CODE
(g) A franchisee s~all use, with the owner's permission, existing underground conduits (if
applicable) ar overhead utility facilities whenever feasible. Upon request of the county, copies
of agreements between a franchisee and third party for use of conduits or other facilities shall
be filed with the county provided that the franchisee shall have the right to redact proprietary
and confidential information in such agreements as it pertains to financial arrangements
between the parties.
(h) All wires, cable lines, and other transmission lines, equipment and structures shall be
installed and located to cause minimum interference with the rights and convenience of
property owners. The county may issue such rules and regulations concerning the installation
and maintenance of a cable system installed in, on, or over the streets, as may be consistent
with this chapter and the franchise agreement.
(i) All safety practices required by law shall be used during construction, maintenance and
repair of a cable system. A franchisee shall not place facilities, equipment or fi~ures where
they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or
obstruct or hinder in any manner the various utilities serving the residents of the county or
their use of any street or any other public right-of-way.
(j) A franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures and other equiprnent in accordance with
the requirements of the county's building code and electrical safety ordinances and any
other applicable building or electrical safety code, and in such manner that they will
not interfere with any installations of the county.
(2) Keep and maintain in a safe, suitable, substantial condition, and in good order and
repair, all structures, lines, equipment and connections in, over, under, and upon the
streets, sidewalks, alleys and public ways or places of the county, wherever situated or
located.
(k) On streets where electrical or telephone utility wiring is located underground, either at
the time of initial construction of a cable system or at any time thereafter, a franchisee's cable
shall also be located underground at the franchisee's expense, except that a franchisee shall be
reimbursed for expense to the same e~ent as are utilities. Between a street and a subscriber's
residence, a franchisee's cable must be located underground if both electrical and telephone
utility wiring are located underground. The county shall encourage, to the extent feasible, that
the public utility and the franchisee cooperate in opening up trenches and making such
trenches available to all parties with the understanding that the costs of opening and refilling
of such trenches would be shared equally by all users of such trenches.
(1) In the event the use of any part of a cable system is discontinued for any reason for a
continuous period of twelve (12) months, or in the event such system or property has been
installed in any street without complying with the requirements of this chapter or a franchise
agreement, or the franchise has been terminated, canceled or expired, the franchisee, within
Supp. No. 49 198
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-28
thirty (30) days after written notice by the board, shall provide the board with a plan for curing
such noncompliance or shall commence removal from the streets of all such property as the
board may require.
(m) The board may extend the time for the removal of franchisee's equipment and facilities
for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and
facilities may be deemed abandoned.
(n) in the event of such removal or abandonment, the franchisee shall restore the area to
as good a condition as prior to such removal or abandonment.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-26. Performance of work by county upon failure of franchisee to do so.
Upon failure of the franchisee to commence, pursue or complete any work required by law
or by the provisions of this chapter or by its franchise to be done in any street or other public
place, within the time prescribed, and to the satisfaction of the board, the board may, at its
option, cause such work to be done and the f'ranchisee shall pay to the county the cost thereof
in the itemized amounts reported by the board to the licensee within thirty (30) days after
receipt of such itemized report.
(Ord. No. 9?-03, Pt. A, 7-15-97)
Sec. 1-5.5-27. Annual construction report required.
The franchisee shall file annually during the term of its franchise, on or before the
anniversary date of the issuance of its franchise, an annual franchisee's construction report,
which shall certify all completed construction. This report shall be in a format acceptable to the
board.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-28. Joint use of poles.
(a) In order to minimize the setting of poles, any franchisee shall seek to conclude joint use
agreements with utilities and other owners of pole lines on the public rights-of way so as to
utilize existing poles, conduits and other facilities whenever possible. However, no location of
any pole, conduit, or wiring holding structure of the franchisee shall be a vested interest. Joint
use of poles shall be in accordance with Florida Statutes and the St. Lucie County Code of
Laws and Ordinances and applicable federal law.
(b) The franchisee shall not install its own utility pole without the prior written approval
of the board or its designee.
(c) The county shall be permitted to make use of the poles or other wire holding structures
or other conduits of the franchisee for any use that is not competitive with franchisee without
charge or remuneration to the structures of the franchisee if such use would not unduly
Supp. No. 49 199
§ 1-5.5-28 ST. LUCIE COUNTY CODE
hamper or inter~ere with the franchisee's use thereof, provided that franchisee has adequate
space available without removing any attachment made prior to receipt of the request from the
county.
(Ord. Na 97-03, Pt. A, 7-15-97)
Sec. 1-5.5~29~. ~ r~nchise payments.
(a) The franchisee, or anyperson operating a cable system pending issuance of a franchise
by the county, ~s compensation for the privilege of the use of the county's streets to construct
and/or operate a cable system, shall pay to the county a franchise fee in an amount up to a
maximum of either (1) five (5) per cent of the franchisee's gross revenues derived directly or
indirectly from the operation of its cable system within the county during the term of its
franchise; or (2) in the event the communications act or other applicable law is amended to
permit the county to assess a franchise fee of a greater amount than that specified in (1) above,
the franchisee agrees to immediately enter good faitfi negotiations with respect to increasing
the amount of the fee payment.
(b) A franchisee shall pay the franchise fee due to the county on a quarterly basis. Payment
for each quarter shall be made to the county not later than thirty (30) calendar days after the
end of each calendar quarter, provided however, that payment for the fourth quarter (October,
November and December) shall not be due until seventy-five (75) days after the end of the
quarter.
(c) A franchisee shall file with the county, on a quarterly basis with the payment of the
franchise fee, a financial statement setting forth the computation of gross revenues used to
calculate the franchise fee for the preceding quarter and a detailed explanation of the method
of computation. The statement shall be certified by a certified public accountant or the
franchisee's chief financial or other duly authorized financial officer. The franchisee will bear
the cost of the preparation of such financial statements.
(d) Subject to applicable law, no acceptance by the county of any franchise fee payment shall
be construed as an accord that the amount paid is in fact the correct amount, nor shall such
acceptance of payment be construed as a release of any claim the county may have for
additional sums payable.
(e) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment.
(fl The county may, from time to time, and upon reasonable notice, inspect, copy and audit
any and all books and records of the franchisee relevant to the determination of gross revenues
and the computation of franchise fees due, and may recompute any amounts determined to be
payable under the franchise. The cost of the audit wiil be bome by the franchisee if, as a result
of the audit, the county determines that the franchisee has underpaid the franchise fees owed
in an amount equal to or exceeding two (2) per cent of the franchise fees actually paid. A
franchisee shall make all books and records necessary to satisfactorily perform the audit
Supp. No. 49 2~~
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-30
readily available to the auditors in St. Lucie County, for inspection and copying or in the
alternative, franchisee shall pay all costs necessary for the county to perform the audit at a
location outside of St. Lucie County.
(g) In the event that a franchise fee payment is not received by the county on or before the
due date set forth in subsection (b) above, or is underpaid, the franchisee will pay a late charge
of eighteen (18) per cent per annum of the amount of the unpaid or underpaid franchise fee
payment, provided, however, that such rate does not exceed the maximum allowed under
Florida law. Any interest and/or late charges paid by franchisee is intended to be a charge
incidental to the enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the
Cable Act 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the franchise fee imposed by
this chapter or any franchise agreement.
(h) When a grant terminates for whatever reason, the franchisee or franchise shall file with
the county, within ninety (90) calendar days of the date its operations in the county cease, a
financial statement, certified by a certified public accountant or the franchisee's chief financial
officer, showing the gross revenues received by the franchisee since the end of the previous
fiscal year. Adjustments will be made at that time for franchise fees due to the date that the
franchisee's operations ceased.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-30. Reports and records.
(a) Within su~ (6) months of the close of its fiscal year, a franchisee shall provide the county
with an annual report that includes the following information:
(1) A summary of the previous year's activities in development of the system, including
but not limited to, services initiated or discontinued, number of subscribers for each
tier or type of service (including gains and losses), homes passed, and miles of cable
distribution plant in services. The report shall include an explanation of any increase
or decrease in the number of subscribers by more than ten (10) per cent. The summary
shall also include a comparison of any construction, including system upgrades, during
the year with any projections previously provided to the county, as well as rate and
charge increases and/or decreases for the previous fiscal year.
(2) A financial statement and a statement of sources of revenues at the system level. The
statement shall be audited if franchisee has audited statements performed in its
normal course of business. If not, the statement shall be certified by the franchisee's
chief financial officer or other duly authorized financial off'icer of the franchisee. The
statement shall include notes that specify all significant accounting policies and
practices upon which it is based. A summary shall be provided comparing the cunent
year with previous years since the beginning of the franchise.
(3) A copy of updated maps depicting the location of all cable plant, showing areas served
and locations of all trunk lines and feeder lines in the county. At such time as such
maps become available in digitized form, same will be provided to the caunty at
franchisee's expense.
Supp. No. 49 201
§ 1-5.5-30 ST. LUCIE COUNTY CODE
(4) E~ summary af subscriber or resident complaints, identifying the number and nature of
complaints and their disposition. Where complaints involve recurr~nt system prob-
lems, the nature of each problem and the corrective measures taken shall be identified.
More detailed information concerning complaints shall be submitted upon written
request of the board.
(5) A surnrnary of the number of outages, number of planned outages, number of outages
during prime viewing hours (8:00 p.m.-11:00 p.m. daily), and a number of outages by
duration.
(6) If the franchisee is a corporation, a list of o~cers and members of the board of
directors; the o~cers and members of the board of directors of any parent corporation;
and if the franchisee or its parent corporation's stock or ownership interests are
publicly traded, a copy of its most recent annual report.
(7) If the franchisee is a partnership, a list of the partners, including any limited partners,
and their addresses; and if the general partner is a corporation, a list of officers and
members of the board of directors or the corporate general partner, and the officers and
directors of any parent corporation; and where the general partner or its parent
corporation's ownership interests are publicly traded, a copy of its mosL- recent annual
report.
(8) A list of all persons holding ten (10) per cent or more ownership or otherwise cognizable
interest in the franchisee pursuant to 47 C.F.R. 76.501.
(9) A copy of the franchisee's rules and regulations applicable to subscribers of the cable
system.
(10) Areport on the number of senior citizens, economically disadvantaged or handicapped
subscribers receiving any rate discounts, the number of multiple dwelling buildings
and units therein receiving any discount, and the amount of any such discounts for
specific services if franchisee offers separate rates or discounts for those categories of
subscribers.
(11) A full schedule and description of services, service hours and location of the franchisee's
customer service office or offices available to subscribers, and a schedule of all rates,
fees and charges for all services provided over the cable system.
(12) A report on the number of total subscribers served by the franchisee in the cable
system, with a breakdown by the types of services received by the subscribers.
(b) Upon request of the county, a franchisee shall provide the following documents to the
county as received or filed, without regard to whether the documents are filed by the
franchisee or an affiliate:
(1) Annual report of the franchisee or its parent or any affiliate of franchisee which
controls franchisee and issues an annual report;
(2) Copyright filings reflecting the operation of the system;
(3) FCC Forms 325 and 395A for the system, or their successor forms;
Supp. No. 49 202
CABLE TELEVISION FRANCHISE OKDINANCE § 1-5.5-31
(4) Any and all pleadings, petitions, applications, communications, reports and documents
(collectively referred to as "filings") submitted by or on behalf of the franchisee to the
FCC, SEC or any state or federal agency, court or regulatory commission which filings
may impact the franchisee's operation of the franchisee's cable system or that may
impact the county's rights or obligations under this chapter or the franchise agreement
issued pursuant to this chapter and any and all responses, if any, to the above
mentioned filings.
(5) Any and all notices of deficiency, forfeiture, or documents instituting any investigation,
civil or criminal proceeding issued by any state or federal agency regarding the system,
franchisee, or any affiliate of franchisee, provided, however, that any such notice or
documents relating to an affiliate of franchisee need be provided only to the extent the
same may directly or indirectly affect or bear on franchisee's operations in the county.
For example, a notice that an affiliate which has a management contract for the
county's system was not in compliance with FCC EEO requirements would be deemed
to affect or bear on operations in the county.
(6) Any request for protection under bankruptcy laws, or any judgment related to a
declaration of bankruptcy.
(7) Notwithstanding anything to the contrary, the franchisee agrees to provide the county,
within thirty (30) days of filing or receipt of such, any document that may adversely
impact the construction, operation or maintenance of the franchisee's cable system.
(c) A franchisee shall make a complete set of books and records available for inspection,
copying and audit by the county in St. Lucie County, for purposes of ascertaining compliance
with requirements of this chapter and the franchise agreement. Such inspection, copying and
audit shall be upon reasonable notice and during normal business hours.
(d) Upon written request by the franchisee and to the extent allowed by applicable law,
information of a proprietary nature submitted by the franchisee to the county pursuant to this
chapter or a franchise agreement will not be made available for public inspection to the extent
permitted by law.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-31. Indemnification.
(a) By acceptance of any franchise granted hereunder, the franchisee agrees to indemnify,
defend and hold harmless the county, its officers, boards, commissioners, agents and employ-
ees for damages at law or equity of any nature whatsoever arising out of or through, or alleged
to arise out of or through the negligent or malicious acts or omissions of the franchisee, its
servants, employees and agents.
(b) The franchisee shall defend in the name of the county, and pay all expenses incurred by
the county in defending itself, with regard to all damages and penalties the county may legally
be required to pay as a result of the negligent or malicious acts or omissions of the franchisee,
its servants, employees and agents. Damages and penalties shall include but not be limited to
Supp. No. 49 203
§ 1-5.5-31 ST. LUCIE COUNTY CODE
daznages arising out of the avvard of a franchise to that franchisee or the terms and conditions
thereto, the canstruction, installation, operation or maintenance of its cable communication
system, whether or not any such act or omission is authorized, allowed ar prohibited by this
chapter or the franchise granted hereunder. Expenses shall include all incidental expenses
including, but not limited to, attorneys' fees. The board shall notify franchisee of any actions,
claims, or suits, of any nature whatsoever, arising out of or through or alleged to arise out of
or through or in any way connected with the grant of a franchise to the franchisee or through
the operation of the franchisee's business as a cable television communications services
operator for whieh the indemnification provisions of this chapter are applicable.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-32. Insurance.
(a) The franchisee shall obtain and maintain at its sole cost and expense liability insurance,
insuring the county and the franchisee against all ciaims for penalties or damages charged
against the county or franchisee resulting from the act of granting the franchise to the
designated franchisee, the acts or omissions of franchisee, its servants, employees, agents, or
independent contracts, the installation, construction, operation, maintenance or expansion of
its cable communications system herein authorized. The franchisee shall maintain such
insurance with St. Lucie County as an additional insured party throughout the term of the
franchise and any renewal term in the amounts specified in the franchise but in no event less
than the amounts specified below:
(1) Five hundred thousand dollars ($500,000.00) for property damage in any one (1)
accident.
(2) Five hundred thousand dollars ($500,000.00) for personal bodily injury to any one (1)
person.
(3) One million dollars ($1,000,000.00) for personal bodily injury in any one (1) accident.
(4) Workers compensation and employee liability insurance meeting all requirements of
Florida law.
(5) Automobile insurance covering all owned, non-owned and hired vehicles used in
connection with franchisee's cable communications system and sexvices.
(b) Copies. Within thirty (30) days after the effective date of the franchise, the franchisee
shall furnish the county with certificates of insurance. In no event shall franchisee commence
construction or undertake any business activity authorized by the franchise issued hereunder
until all insurance policies are in full force and effect.
(c) Additional insured, endorsements. The insurance policies required herein shall name
the county, its officers, boards, coinmissions, agents and employees as additional insured. Each
policy shall contain a statement to the effect: "It is understood and agreed by the surety that
this insurance policy may not be canceled by the surety until thirty (30} days after written
notice to St. Lucie County by registered mail of such intention to cancel or not renew."
Supp. No. 49 204
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-33
(d) All insurance carriers providing coverage under (a) above shall be duly licensed to
operate in the State of Florida, shall be sureties with a minimum rating of A-1 in Best's Key
Rating Guide, and shall be subject to approval by the board.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-33. Security fund/corporate guarantee.
(a) A franchise agreement shall provide that, prior to the franchise becoming effective, the
franchisee shall post with the county a cash security deposit or in the alternative a corporate
guarantee in a form acceptable to the county in an amount not less than one hundred thousand
dollars ($100,000.00) to be used as a security fund to ensure the franchisee's faithful
perf'ormance of and compliance with all provisions of this chapter, the franchise agreement,
and other applicable law, and compliance with all orders, permits and directions of the county,
and the payment by the franchisee of any claims, liens, fees, or taxes due the county which
arise by reason of the construction, operation or maintenance of the system. The amount of the
security fund or corporate guarantee shall be the amount that the board determines, under
circumstances existing at the time, that is necessary to protect the public,-to provide adequate
incentive to the franchise to comply with this chapter and the franchise agreement, and to
enable the Board to effectively enforce compliance therewith. The franchise agreement shall
provide for the procedures to be followed with respect to the security fund or corporate
guarantee.
(b) The terms of a franchise agreement may permit a franchisee to file and maintain with
the county a bond with an acceptable surety and the amount no less than one hundred
thousand dollars ($100,000.00) in lieu of a security fund to indemnify the county against any
losses it may suffer in the event the franchisee fails to comply with one (1) or more of the
provisions of its franchise. Said bond shall be obtained at the sole expense of the franchisee and
remain in effect for the full term of the franchise plus an additional six (6) months thereafter.
The franchisee and its surety shall be jointly and severally liable under the terms of the bond
for any damages or loss suffered by the county as a result of the franchisee's nonperformance,
including the full amount of any compensation, indemnification or cost of removal of any
property of the franchisee in the event of default, a reasonable allowance for attorneys' fees
and costs, up to the full amount of bond. The bond shall provide for thirty (30) days' prior to
written notice to the county of any intention on the part of the franchisee to cancEl, fail to
renew, or otherwise materialiy alter its terms. Neither the filing of an indemnity bond with the
county, nor the receipt of any damages recovered by the county thereunder, shall be construed
to excuse faithful performance by the franchisee or limit the liability by the franchisee under
the terms of its franchise for damages, either to the full amount of the bond or otherwise.
(c) The rights reserved to the county with respect to the security fund or an indemnity bon3
are in addition to all other rights of the county, whether reserved by this chapter or authorized
by other law or the franchise agreement, and no action, proceeding or exercise of a right with
respect to such security fund or indemnity bond will effect any other right th~ county may
have.
Supp. No. 49 205
§ 1-5.5-33 ST. LUCIE COUNTY CODE
(d) ThE security fi~nd shall be maintained at the amount specified in subseetion (a) of this
sectio~, even if amo~nts have to be withdrawn.
(e) If the franchisee fails to pay to the county any compensation within the time fixed herein
or any penalties, or fails to repay the county within ten (10) days, any damages, costs or
expenses which the county is compelled to pay by reason of any act or default of the franchisee
in connection with the franchise, or fails, after three (3) notices sueh failure by the county to
comply with any provision of the franchise agreement which the county reasonably determines
can be remedied by demand on the security fund, the county may immediately withdraw the
amount thereof, with interest and any penalties, from the security fund. Upon such with-
drawal, the county shall notify the licensee of the amount and the date thereof.
(~ Within ten (10) days after notice to it that any amount has been withdrawn from the
security fund deposited pursuant to subsection (a) of this section, the franchisee shall pay to,
or deposit with, the county a sum sufficient to rest-0re such security fund to the amounts
specified in subsection (a) of this section. Failure to replenish the security fund shall subject
the franchisee to penalties and the franchisee shall pay interest on the amount by which the
security fund has been reduced at three (3) per cent above the then prevailing prime rate.
(g) The rights reserved to the county with respect to the security fund are in addition to all
other rights of the county, whether reserved by the franchise or authorized by law, and no
action, proceeding or exercise of a right with respect to such security fund shall affect any other
right the county may have.
(h) The security fund deposited pursuant to this section shall become the property of the
county in the event that the franchise granted herein is canceled or terminated by reason of
the default of the franchisee. The franchise, however, shall be entitled to the return of such
security fund, or portion thereof, without interest, as remains on deposit with the county at the
expiration of the term of the franchise, provided that there is then no outstanding default on
the part of the franchisee.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-34. Construction bond.
(a) Within thirty (30) days after the grant~jng of a franchise and prior to the commencement
of any construction work by the franchisee, the franchisee shall file with the county a
construction bond or letter of credit in the amount specified in the franchise agreement in favor
of the county. Such amount shall be reasonably related to the value of the work being
undertaken.
(b) Such bond or letter of credit shall be in a form approved by the county.
(c) The board shall authorize release of the bond no sooner than six (6) months and no later
than twelve (12) months after completion of construction.
Supp. No. 49 206
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-36
(d) The county, at its sole option, may waive this requirement, or permit consolidation of the
construction bond or letter of credit with the performance bond or letter of credit as specified,
respectively in sections 1-5.5-34 and 1-5.5-35.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-35. System design provision; minimum facilities and services.
(a) The cable television system shall be constructed in accordance with the design
requirements contained in the franchise agreement.
(b) The following minimum requirements for facilities and services shall apply to all
franchises granted by the county. The county may require in a franchise agreement that a
franchisee exceed these minimum requirements where it determines, under circumstances
e~usting at the time of the application, that the additional requirements are necessary to meet
the county's cable related needs and interests or to serve the public interest.
(1) Any cable system that commences initial construction, after the effective date of this
chapter shall have a minimum capacity of at least seven hundred fifty (750) MHZ,
delivering no less than eighty (80) video channels available for immediate use. A
franchise agreement may provide for a larger minimum channel capacity requirement.
(2) The county may require in a franchise agreement that a franchisee provide access
channels, facilities and other support for public, educational and/or governmental use.
(3) Upon written request from the county, a cable system shall cablecast county commis-
sion meetings live to all subscribers located within the county at no cost to the county.
(4) A cable system shall provide leased access channels as required by federal law.
(5) A franchisee shall make available to its subscribers equipment capable of decoding
closed circuit captioning information for the hearing impaired. A franchisee may
impose a reasonable charge for such equipment.
(6) Unless a franchise agreement or applicable law provides otherwise, standard instal-
lation shall consist of a drop, not exceeding one hundred twenty-five (125) feet from the
cable plant to the nearest part of a subscriber's residence. Residential drops in excess
of one hundred twenty-five (125) feet may be charged according to the franchisee's rate
schedule.
(c) The county may require as a condition of any franchise agreement that the franchisee
construct and maintain its cable system in conformance with the state of the art as defined in
section 1-5.5-10 herein.
(d) A franchisee that commences initial construction after the date hereof shall make cable
service available to all residents and business within the unincorporated area of the county.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-36. Service to schools and libraries.
The franchisee shall provide no less than basic cable service and when available online
access to each public school, libraries and county office located within the area served by the
Supp. No. 49 207
§ 1-5.5-36 ST. LUCIE COUNTY CODE
franchisee. There shall be no charge for basic cable service or installation thereo£ The
franchisee at its option may provide similar services to private schools upon the same terms
as for public schools.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-37. Government channels and facilities.
(a) Applications for an initial or renewed franchise may and, at the board's request, shall
include proposals for the provision of access channels in connection with public/education/
govemment use and the provision of equipment, facilities and support sufficient to meet
community needs.
(b) Pursuant to the terms and conditions of a franchise agreement, a franchisee shall
provide the county, without charge, no less than two (2) operative television channels over the
system, with one (1) channel to be provided solely for the county and other govemmental
bodies designated by the board in order to transmit over said systems civic programs, lectures,
shows, announcements, commission or board meetings, educational, amusement or recre-
ational information, and all other lawful news or information of public interest which the
county desires at any and all times and one (1) channel to be dedicated exclusively to
educational uses, including but not limited to, school programs.
(c) A franchisee shall provide, at the request of the board, use of franchisee's studio
equipment and technical services for production of live and video-taped municipal programs,
subject to reasonable availability and scheduling requirements of the franchisee.
(d) To the extent it is possible, a franchisee shall provide, at the request of the board,
trained personnel to assist the county in the production of live and video-taped municipal
programs at locations other than franchisee's studio as designated by the county administra-
tor.
(e) Applications for an initial or renewed franchise may and, at the board's request, shall
include proposals for the provision of an institutional network interconnecting county
government, educational institutions, and/or other public facilities.
(~ Applications for an initial or renewed franchise may and, at the county's request, shall
include a proposal for the interconnection of franchisee to any or all other cable systems
operating within the county or in areas adjacent to the county.
(g) A franchisee shall provide the county at a location to be specified by the agency, free of
charge, an emergency override capability and alert warning system by which St. Lucie County
officials may interrupt by audio and visual (crawl) all programs simultaneously to either
broadcast emergency information directly or to tune to a specified channel.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 208
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-39
Sec. 1-5.5-38. Technical standards; construction procedures.
(a) Any cable system within the county shall at minimum meet the technical standards of
the FCC or other applicable federal or state technical standards, including any such standards
as hereinafter may be amended or adopted by the FCC or other federal or state agency having
such authority. All television signals transmitted on a cable system shall include any closed
circuit captioning information for the hearing impaired. Antennas, supporting structures, and
outside plants used in the system shall be designed to comply with all generally accepted
industry practices and standards and with all federal, state, county and/or utility laws,
ordinances, rules and regulations.
(b) All construction, installation and maintenance shall comply with all applicable federal,
state and county construction codes, including but not limited to, the National Electrical
Safety Code, the National Electric Code, the South Florida Building Code, and all applicable
laws and accepted industry practices, and as hereinafter may be amended or changed.
(c) At the times required by FCC rules, the franchisee shall perform at its expense proof of
performance tests designed to demonstrate compliance with the requirements of this chapter,
the franchise agreement, and FCC requirements. The franchisee shall provide the proof of
performance test results to the board within thirty (30) days after completion and upon written
request from the county. The board shall have the right upon at least five (5) days' written
notice to the franchisee to inspect the cable system facilities during and after their construc-
tion to ensure compliance with the requirements of the franchise agreement, this chapter, and
FCC standards.
(d) The board may require any other tests as specified in a franchise agreement or
applicable law or regulation, to be performed at the expense of the franchisee. The franchisee
shall provide the test results to the county within thirty (30) days of completion of the proof of
performance or other tests.
(e) The franchisee shall provide the county reasonable advance written notice when a proof
of performance test required in subsections (c) and (d) above is scheduled so that the county
may have an observer present.
(fl A franchisee shall not design, install or operate its facilities in a manner that will
interfere with the signals of any broadcast station, the facilities of any public utility, the cable
system of another franchisee, or individual or master antennas or other system used for
receiving television or other broadcast signals.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-39. Construction practices.
Good engineering practices. All plant and equipment, including but not limited to the
antenna sites, towers, headend and distribution systems, subscriber terminals, structures,
poles, wire, cable, co~ial cable, fixtures and appurtenances shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained and operated in accor-
Supp. No. 49 209
§ I-5.5-39 ST. LUCIE COUNTY CODE
danee with good engineering practices, performed by experienced m~intenance and construc-
tion personnel so ~s not to interfere with or unnecessarily hinder or obstruct pedestrian or
vehicular traffic or endanger the public safety.
In addition, franchisee shall exercise reasonable care in the performance of work authorized
by this chapter so as to avoid damage to the facilities of public utilities and shall be liable for
all such damage to the extent required by law. In the event of such damage, the franchisee
shall report same inunediately to the affected utility and shall timely reimburse said utility for
all reasonable costs of repair of said damage. The franchisee shall be responsible for contacting
all affected utilities, and, in addition, the Underground Notification Center Liaison for
Excavators (UNCLE), to arrange for contacting all affected utilities prior to commencing
construction, installation, repair and similar work.
The franchisee shall at all times employ due care and shall install and maintain methods
and devices for preventing failures and accidents which might cause damage, injury or
nuisance to the public.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-40. Construction permit required.
(a) The franchisee shall apply to the county engineer for construction permits for new
construction work to be performed in the county's public rights-of-way or easements in the
form and manner prescribed by the board. The county will act on the permit within thirty (30)
days of receipt of a complete application and all information related thereto. No construction
shall be commenced prior to the grant of the construction permit therefor. Granting of the
permit is in the sole discretion of the board as to the best use of the right-of-way/easement for
the public health, safety and welfare.
(b) The granting of a permit under this chapter does not take the place of any other
franchise, license or permit which might be normally required by law.
(c) When a construction permit is issued by the county, the franchisee shall begin actual
physical plant construction within sixty (60) days from the date of issuance of said permit.
(d) Said construction shall be completed within the time period specified in the construction
permit request. If said construction is not completed within said specified time period, or
should construction not be commenced on the date specified by said permi~, then the permit
shall be deemed null, void, and of no further force and effect.
(e) Franchisee may request construction extensions from the county administrator, in
writing, for good cause, and the administrator, following review of such request, shall either
allow such extensions or deny same promptly after receipt of such request(s).
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 210
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-41
Sec. 1-5.5-41. Customer service requirements.
(a) A franchisee shall maintain all parts of its system in good condition and in accordance
with standards generally observed by the cable television industry. Sufficient employees shall
be retained to provide safe, adequate, and prompt service for all of its customers and facilities.
(b) Afranchisee shall maintain at least one (1) conveniently located business office and/or
service center within the county limits. This business office shall be open at minimum from
8:30 a.m. to 5:30 p.m., Monday through Friday, or such other period not to be less than eight
(8) hours as provided in a franchise agreement, and some weekend and evening hours as may
be required by a franchise agreement. The franchisee shall operate its business so complaints
and requests for repairs or adjustments may be received by telephone twenty-four (24) hours
per day, seven (7) days per week including holidays.
(c) The franchisee shall maintain a listed local, toll-free or collect call telephone number
and employ a sufficient number of telephone lines, personnel and answering equipment or
service to allow reasonable access by subscribers and members of the public to contact the
franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week.
Knowledgeable, qualified franchisee representatives will be available to respond to customer
telephone inquiries, twenty-four (24) hours per day, seven (7) days per week.
(d) The franchisee shall answer all customer service and repair telephone calls made under
normal operating conditions within thirty (30) seconds, including wait time and within an
additional thirty (30) seconds to transfer the call. Customers shall receive a busy signal less
than three (3) per cent of the time. These standards shall be met no less than ninety (90) per
cent of the time under normal operating conditions, measured on a quarterly basis.
(e) A franchisee shall employ and maintain sufficient qualified personnel and equipment to
be available (1) to accept payments; (2) to exchange or accept converters or other equipment;
(3) to receive subscriber complaints or requests for service or repairs on a full-time basis,
twenty-four (24) hours per day, seven (7) days per week; (4) to initiate service installations,
undertake normal repairs, initiate action with respect to any subscriber service complaints
within twenty-four (24) hours; (5) to enable a service technician to respond to service calls
twenty-four (24) hours per day, seven (7) days a week including holidays when more than
fifteen (15) subscribers served from the same nearest active electronic device, such as an
amplifier or node, call with the same complaint.
(fl The franchisee must meet each of the following standards no less than ninety-five (95)
per cent of the time under normal operating conditions as measured on a quarterly basis:
(1) Standard installation work shall be performed within seven (7) business days after an
order has been placed except in those instances where a subscriber specifically
requests an installation date beyond the seven (7) business day period. "Standard"
installations are up to one hundred twenty-five (125) feet from the e~usting distribu-
tion system. If scheduled installation is neither started nor completed as scheduled,
the subscriber will be telephoned by an employee of the franchisee the same day.
Supp. No. 49 211
§ 1-5.5-41 ST. LUCI~ COUNTY CODE
Ev~ning person-nel shall also attempt to call subscribers at their ho~nes between the
hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee
of the franchisee shall telephone the subscriber the next day;
(2) The franchisee will respond to service interruptions promptly and in no event later
than twenty-four (24) hours after the interruption becomes known. Other service
problems will be responded to promptly and in no event later than forty-eight (48)
hours after the problem becomes known. All service interruptions, and service
problems within the control of franchisee, will be corrected within seventy-two (72)
hours after receipt of a complaint;
(3) The appointment window alternatives made available for installations, service calls,
repairs, and other installation activities will be either a specific time, a four-hour time
block during normal business hours, or at the election and discretion of the subscriber,
"all day";
(4) The franchisee may not cancel an appointment with a subscriber after the close of
business on the business day prior to the scheduled appointment; and
(5) If at any time an installer or technician is running late for a scheduled appointment,
an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
(g) Subscribers who have experienced two (2) missed installation or service appointments
due to the fault of the franchisee shall receive installation free of charge. If the installation was
to have been provided free of charge or if the appointment was for service or repair, the
subscriber shall receive a credit on his bill of not less than twenty dollars ($20.00).
(h) Disconnection.
(1) Voluntary disconnection.
a. A subscriber may terminate service at any time.
b. A franchisee shall promptly disconnect any subscriber who so requests from the
franchisee's cable system. No period of notice prior to voluntary termination of
service may be required of subscribers by any franchisee. So long as the
subscriber returns equipment within three (3) business days of the disconnection,
no charge may be imposed by any franchisee for such voluntary disconnection, or
for any cable services delivered after the date of disconnect request.
c. A subscriber may be asked, but not required, to disconnect the franchisee's
equipment and return it to the business office.
d. Any security deposit and/or other funds due the subscriber shall be refunded on
disconnected accounts after the converter or other equipment has been recovered
by the franchisee. The refund process shall take a maximum of thirty (30) days
from the date disconnection (including return of the equipment) was completed to
the date the customer receives the refund.
Supp. No. 49 212
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-41
(2) Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other fee
or charge, the franchisee may disconnect the subscriber's service outlet; however, such
disconnection shall not be effected until thirty-five (35) days after the due date of the
monthly subscriber fee or other charge, and ten (10) days advance written notice of
intent to disconnect to the subscriber in question. If the subscriber pays within
thirty-five (35) days of the due date and after notice of disconnection has been given,
the franchisee shall not disconnect. After disconnection, upon payment by the
subscriber in full of all proper fees or charges, including the payment of the
reconnection charge, if any, the franchisee shall promptly reinstate service.
(3) Nothing in this chapter shall be construed to prevent the franchisee from removing its
property from a subscriber's premises upon the termination of service. At the
subscriber's request, a franchisee shall remove all of its facilities and equipment from
the subscriber's premises within thirty (30) calendar days of the subscriber's request.
Where removal is impractical, such as with buried cable or internal wiring, facilities
and equipment may be disconnected and abandoned rather than removed, unless there
is a written agreement stating otherwise, provided, however, that such agreement
must be consistent with applicable law and FCC rules.
(i) The franchisee shall intentionally interrupt service only for good cause and for the
shortest time possible. The franchisee shall maintain a written log for all intentional service
interruptions.
(j) The franchisee shall notify county or its designee immediately if a service interruption
affects two hundred (200) or more subscribers for a time period greater than four (4) hours.
(k) The franchisee shall cause all its field employees to wear a picture identification badge
indicating their employment by the franchisee. This badge shall be clearly visible to the public.
(1) A franchisee shall develop written procedures for the investigation and resolution of all
subscriber or county resident complaints, including, but not limited to, those regarding the
quality of service and equipment malfunction, which procedures shall be subject to the review
and approval by the county administrator or his designee. A subscriber or county resident who
has not been satisfied by following the franchisee's procedures may file a written complaint
with the county administrator or his designee, who will investigate the matter. and, in
consultation with the franchisee as appropriate, attempt to resolve the matter. A franchisee's
good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair
and equitable manner will be considered in connection with the franchisee's renewal
application. The franchisee shall maintain a complete list of all complaints not resolved within
seven (7) days of receipt and the measures taken to resolve them. This list shall be compiled
in a form to be approved by the county administrator or his designee. It shall be compiled on
a quarterly basis. The list for each calendar quarter shall be supplied to the county
administrator no later than the fifteenth day of the month following the end of the preceding
quarter. The franchisee shall also maintain a list of all complaints received, which lis#. will be
available to the designated county administrator.
Supp. No. 49 213
§ 1-5.5-41 ST. LUCIE COUNTY CODE
(m) The franchisee shall permit the county administrator or his designee to inspect and test
the system's technical equipment and facilities upon reasonable notice not to be less than
forty-eight (48) hours.
(n) The franchisee shall abide by the following requirements governing communication
with customers, bills and refunds:
(1) Each franchisee shall provide to subscribers written information in each of the
following areas at the time of installation, at least once annually, and at any future
time upon request by the subscriber:
a. How to use the cable service;
b. Installation and service maintenance policies;
c. The products and services offered;
d. Prices and service options;
e. Channel positions of programming carr-ied on the system;
f. The franchisee's procedures for the receipt and resolution of customer com-
plaints, the franchisee's addxess and telephone number to which complaints may
be reported, and the hours of operation;
g. The telephone number and address of the county's office designated to handle
cable television complaints and inquiries shall be printed on the back of the bill;
h. The availability of a"lock-out" device;
i. The franchisee's information, collection, and disclosure policies for the protection
of a subscriber's privacy.
(2) In addition, each franchisee shall provide written notice in its monthly billing, at the
request of the county, of any county meeting regarding requests or applications by the
franchisee for renewal, transfer or modification of its license or change in service, rates
or charges to subscribers. The county shall make such a request in writing, no less
than forty-five (45) days prior to the mailing of any billing by franchisee. Said notices
shall be made at franchisee's expense and said expense shall not be considered part of
the franchise fee assessed pursuant to this chapter and shall not be regarded as a
franchise fee, as the term is defined in Section 622 of the Communications Act, 47
U.S.C. Section 542.
(3) Franchisee's bills will be clear, concise and understandable.
(4) Refund checks will be issued promptly, but no later than the earlier of thirty (30) days
or the customer's ne~ billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the franchisee if service is terminated.
(5) Credits for service will be issued no later than the customer's ne~t billing cycle
following the determination that a credit is warranted.
(6) A franchisee shall provide subscribers and the board with at ieast thirty (30) days
advance written notice of any changes in rates, charges, channel lineup, or initiations
or discontinuations or changes of service or services offered over the cable system.
Supp. No. 49 214
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-41
(o) A franchisee shall provide a pro-rated twenty-four-hour credit to the subscriber's
account for any period of four (4) hours or more within a twenty-four-hour period during which
a subscriber experienced an outage of service or substantial impairment of service, whether
due to a system malfunction or other cause.
(p) Billing.
(1) The franchisee's first billing statement after a new installation or service change shall
be pro-rated as appropriate and shall reflect any security deposit.
(2) The franchisee's billing statement must be fully itemized, with itemizations including,
but not limited to, basic and premium service charges and equipment charges. Bills
will also clearly delineate all activity during the billing period, including optional
charges, rebates and credits.
(3) The franchisee's billing statement must show a specific due date not earlier than ten
(i0) days after the date of the beginning of the service period. Any balance not received
within ten (i0) days after the due date may be assessed an administrative charge. The
charge will appear on the following month's billing statement. _
a. Any administrative charge applied to unpaid bills shall be subject to regulation
by the county consistent with applicable la~v.
b. Subscribers shall not be charged an administrative fee, a late fee or otherwise
penalized for any failure by the franchisee, its empioyees, or contractors,
including failure to timely or correctly bill the subscriber, or failure to properly
credit the subscriber for a payment timely made.
(4) The franchisee must notify the subscriber that he or she can remit payment in person
at the franchisee's office in the county and inform the subscriber of the address of that
office.
(q) A franchisee may not substantially alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) without the express permission of
such subscriber, unless it complies with this subsection.
(1) If a franchisee wishes to alter the service being provided to a subscriber (including by
re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no
longer be able to obtain the same package of services, then the franchisee must provide
the subscriber with thirty (30) days notice of such alteration, explain the substance
and the full effect of the alteration, and provide the subscriber the right within the
thirty-day period following notice, to opt to receive any combination of services offered
by the franchisee.
(2) Except as provided herein, no charge may be made for any service or product which the
subscriber has not affirmatively indicated, in a manner separate and apart from
payment of the regular monthly bill, that he or she wishes to receive.
(r) The franchisee shall certify in writing to county on December 1 of each year based upon
internal due diligence by the franchisee that to the best of franchisee's knowledge it is in
substantial compliance with the standards set forth in this section 1-5.5-42. At the request of
Supp. No. 49 215
§ 1-5.5-41 ST. LUCIE COUNTY CODE
th~ c'o~t~, the fr~~~~see sha~l s~zb~nit such documentatian, as may }~e re~uired, to demon-
stra~e franchisee's cor~pliance with this section 1-5.5-42. This docurne~tation shall be
submitted withiM forty-five (45) days of the franchisee's receipt of the board's request.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sea 1-5.5-42. ~~inistration a~' customer service.
(a) Responsibi,lity for the administration of this chapter and any franchise granted
hereunder and for the resolution of all complaints against a franchisee regarding the quality
of service, equipment malfunctions, and related matters, including the authority to order
refunds or fees, is hereby delegated to the county administrator, which is empowered, among
other things, to settle, or compromise any controversy arising from operations of the
franchisee, either on behalf of the county, the franchisee or any subscriber, in accordance with
the best interests of the public. In cases where requests for service have been ignored or service
is unsatisfactory for whatever reason, the county administrator shall have the power to
require the franchisee to provide service if in the opinion of the county administrator such
request for service is reasonable. Provided, that any person aggrieved by a decision of the
county administrator, including the franchisee, may appeal the matter to the board for hearing
and determination. The board may accept, reject or modify the decision of the county
administrator. No adjustment, settlement, or compromise, whether instituted by the county
administrator or by the board shall be contrary to the provisions of this chapter or any
franchise agreement issued pursuant to this chapter, and neither the county administrator nor
the board, in the adjustment, settlement, or compromise of any controversy shall have the
right or authority to add to, modify or delete any provision of this chapter or of the franchisee.
Notwithstanding the above, the board may, from time to time, adopt modifications to the
customer service standards herein to better satisfy the community's needs and interest and to
take into consideration the industry standards and practices.
(b) In addition to the powers delegated herein, the county administrator shall have the
authority to order refunds or credits from a franchisee to individual cable television
subscribers who have submitted a written complaint to the county and to assess fines against
a franchisee for any violation of this chapter or any franchise issued pursuant to this chapter,
which fines will be paid to the county.
(1) In ordering refunds to cable television subscribers, the county administrator shall be
governed by the schedule set out below in which the refund indicated is expressed as
a percentage of the subscriber's monthly bill. The refunds listed are to be made on a per
violation basis with each day of a continuing violation constituting a separate
violation. The refund or credit ordered by the county administrator pursuant to this
section shall not exceed one hundred (100) per cent of a subscriber's monthly bill,
unless a violation has continued at least thirty (30) days from the date first reported
to the franchisee.
Supp. No. 49 216
I 1
~~
CABLE TELEVISION FRANCHISE ORDINANCE
SCHEDULE OF REFUNDS TO SUBSCRIBERS
Single Violation of.•
a. Failure to comply with section 1-5.5-42(b), hereof.
b. Failure to comply with the telephone availability require-
ments of section 1-5.5-42(c) and (d), hereof.
c. Failure to comply with the repair and installation require-
ments of section 1-5.5-42(f~, hereof.
§ 1-5.5-42
Maximum
Re fund
10%
10%
50%
(2} In assessing fines against a franchisee, the county administrator shall be governed by
the schedule set out below. The fines listed are to be assessed on a per violation basis
with each day of a continuing violation constituting a separate violation.
SCHEDULE OF FINES
f
Maximum
Single Violation of - Fines
a. Section 1-5.5-42(a), hereof. $100.00
b. Section 1-5.5-42(b), hereof. 300.00
c. Section 1-5.5-42(c), hereof. 300.00
d. Section 1-5.5-42(d), hereof. 300.00
e. Section 1-5.5-42(e) and (f~, hereo£ 300.00
f. Section 1-5.5-42(g) and (h), hereo£ 100.00
g. Section 1-5.5-42(i), hereo£ 500.00
h. Section 1-5.5-42(j), hereo£ 200.00
i. Section 1-5.5-42(k), hereof. 100.00
j. Section 1-5.5-42(1), hereof. 500.00
k. Section 1-5.5-42(m3, hereof. 500.00
1. Section 1-5.5-42(nl(1), hereof. 100.00
m. Section 1-5.5-42(n)(2), hereof. 500.00
n. Section 1-5.5-42(n)(3~(n)(5), hereof. 200.00
o. Section 1-5.5-42(p) and (q), hereof. 200.00
p. Section 1-5.5-42(r), hereof. 500.00
q. Section 1-5.5-43(c), hereof. 300.00
(3) Prior to ordering a refund or credit and/or assessing a fine, the county administrator
shall mail the franchisee written notice by certified or registered mail of the proposed
refund and/or fine, specifying the violation at issue. The franchisee shall have thirty
(30) days from the date of receipt of the written notice to file a written response to the
county administrator's notice. The franchisee's written res ponse shall be signed by
management level personnel of' franchisee and all statements contained therein will be
regarded as material representations to the county.
(4) Prior to ordering a refund or credit and/or assessing a fine, the county administrator
shall consider any justification or mitigating factor advanc ed in franchisee's written
Supp. No. 49
217
§ 1-5.5-42 ST. LUCIE COUNTY CODE
xesponse, including but not limited to rebates or credits to the stzbseriber, a cure o~'the
violat~an; and the payment of any fine to St. Lucie County for the same violation. The
county administrator may, after consideration of the response of the franchisee, waive
or reduce any proposed refund or fine.
(5) Subsequent to the notice of proposed refund and/or fine to the franchisee and
consideration of the franchisee's response, if any, the county administrator may issue
an assessment of refund, credit or fine. The refund, credit andlor fine shall be paid
within thirty (30) days of written notice to the franchisee. This refund and/or fine shall
constitute liquidated damages to the subscriber and county for the violation, and the
county rnay enforce payment of the refund, credit or fine in any court having
jurisdiction. It is the intent of the board to determine fines/refunds as a reasonable
estimate of the damages suffered by the county and/or its subscribers, whether actual
or potential, and may include without limitation, increased costs of administration and
other damages difficult to measure.
(6) The franchisee may appeal any decision of the county administrator directly to the
board counsel within thirty (30) days of notice of the decision to the franchisee.
(7) Any person who intentionally files a false complaint against a franchisee shall be
subject to a fine in the amount of fifty dollars ($50.00) for the first violation and one
hundr~d dollars ($100.00) for each subsequent violation.
(8) Intentional misrepresentation by a franchisee in any response to a notice of proposed
refund, credit and/or fine shall be grounds for franchise revocation.
(c) In addition to complying with the customer service standards set forth in this chapter or
in any franchise issued pursuant to this chapter, a franchisee shall comply with all customer
service standards applicable to cable systems of the FCC and any other applicable federal,
state or county law concerning customer service standards, consumer protection, and unfair or
deceptive trade practices.
(d) The board expressly reserves the right to consider violations of the customer service
requirements in evaluating any renewal, modification or transfers of any franchise agreement.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-43. Subscriber privacy.
A franchisee shall at all times protect the privacy of all subscribers to the full extent
required by Section 631 of the Cable Act, 47 U.S.C. 551 and state law.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-44. Discrimination prohibited.
(a) No franchisee may in its rates or charges, or in the availability of the services or
facilities of its system, or in any other respect, make or grant undue preferences or advantages
to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor
subject any such persons or group of persons to any undue prejudice or any disadvantage. A
Supp. No. 49 218
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-45
franchisee shall not deny, delay, or otherwise burden service or discriminate against subscrib-
ers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin,
marital status, or political affiliation, except for discounts for senior citizens, the economically
disadvantaged or handicapped that are applied in a uniform and consistent manner. A
franchisee may also offer bulk discounts to multiple dwelling buildings consistent with
applicable law.
(b) A franchisee shall not deny cable service to any potential subscriber because of the
income of the residents of the area in which the subscriber resides.
(c) A franchisee shall not refuse to employ, nor discharge from employment, nor discrimi-
nate against any person in compensation or in terms, conditions or privileges of employment
because of age, race, creed, religion, color, sex, disability, national origin, marital status, or
political affiliation. The franchisee shall comply with federal, state and local laws and
regulations governing equal employment opportunities, as the same may be from time to time
amended.
(Ord. No. 97-03, Pt. A, 7-15-97) -
Sec. 1-5.5-45. County's right of revocation.
The board may revoke or suspend any franchise granted hereunder and rescind all rights
and privileges provided herein in the following circumstances each of which shall constitute a
default and breach under this chapter and/or franchise:
(1) The franchise was fraudulently obtained.
(2) The franchisee fails to construct, operate or maintain the cable system as required by
this chapter or the franchise agreement or for any other material violation of this
chapter or franchise agreement.
(3) The franchisee fails to provide or maintain in full force and effect the liability and
indemnification coverages, or the performance bonds or equivalent as required herein.
(4) The franchisee attempts to dispose of any of the facilities or property of its cable
communications system to prevent the county from recovering any payments due or
any losses or damages arising out of the franchise.
(5) The franchisee has transferred or has attempted to transfer ownership or control of the
franchise without prior approval of the board.
(6) The franchisee attempts to evade any material provision of this chapter or franchise by
a pattern of fraud or deceit.
(7) The franchisee becomes insolvent, unable or unwilling to pay its debts, or is a adjudged
bankrupt.
(8) The franchisee's federal and state licenses and certificate are revoked, terminated or
otherwise not in full force or effect.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 219
§ 1-5.5-46 ST. LUCIE COUNTY CODE
~c. 3~.a-46. ~racedw~s f~r r~vocation or sus,pe~sion.
(a) The board shall cause to be served upon the franchisee by registered mail written notice
of its intention to initiate revocation or suspension proceedings as provided in this chapter.
Such notice shall specify as may be applicable the failure, neglect, refusals, actians, conditians,
circumstances, violations, defaults or breaches which constitute the basis for the proposed
revocation or suspension and make demand upon tne franchisee to implement prompt
corrective measures to remedy such failures, neglect, refusals, actions, conditions, circum-
stances, violations, defaults or breaches and effect substantial compliance with the terms of
this chapter and franchise. If the franchisee shall fail to implement corrective action within
thirty (30) days following written notice, the board shall cause to be served upon the franchisee
by registered mail a written notice and order to show cause why its franchise should not be
revoked or suspended and shall fix a date, time and place for a public hearing before the Board
of St. Lucie County, provided however, that the franchisee shall be entitled to not less than
fifteen (15) days prior notice of the date, time and place of the public hearing. The board shall
cause the notice and order to show cause to be published in a newspaper of general circulation
in the county at least once prior to the public hearing.
(b) The administrative hearing shall be conducted during the regularly scheduled public
hearing agenda of the board. The franchisee may be represented by attorney and shall be given
the opportunity to present such witnesses and relevant evidence as franchisee deems
appropriate. The board may designate such employees or agencies of the county as it desires
to present evidence relevant to the matters raised in the initial written notice and the notice
and order to show cause.
(c) The proceedings at the hearing shall be recorded and may be transcribed at the expense
of the party requesting the transcript.
(d) The hearing need not be conducted according to the rules of court relating to evidence
and witnesses.
(e) The board may hear any interested persons, however, any such presentations must be
relevant to the issues raised in the written notice and the notice and order to show cause.
(fl Upon conclusion of the administrative hearing, the board shall make its findings and
conclusions as to whether the allegations made or contained in the notice and order to show
cause occurred or e~usted as charged, whether or not any such failures, refusals, neglect,
actions, conditions, circumstances, violations, defaults or breaches occurred or existed with
just cause, or, if not, whether on the basis of the evidence adduced some lesser penalty or
remedy is appropriate. If such cause is founded, the board shall direct the franchisee to comply
within such time and manner and upon such terms and conditions as are reasonable. If
franchisee shall fail to comply as directed with the time prescribed, the franchise shall be
deemed to be revoked or suspended, as the case may be, unless the board shall thereafter
prescribe some lesser penalty or remedy.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 220
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-49
Sec. 1-5.5-47. Appeal.
If the board's determination is to revoke or suspend the franchise, the franchisee may have
such decision reviewed by a state or federal court of competent jurisdiction. Venue shall be in
St. Lucie County, Florida.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-48. Requirements upon termination or e~iration.
In the event of termination or expiration of the franchise, the franchisee shall continue to
be bound as follows:
(1) At such time as directed by the board, and within one (1) year, the franchisee will
remove at its own expense, or sell, all of its above-ground plant structures and
plant-related equipment which are within the public rights-of-way.
(2) The liability, indemnity and insurance, and the bonds required herein and by the
franchise, shall continue in full force and effect during the period that equipment or facilities
under the ownership or control of franchisee occupies any public right-of way and for ninety
(90) days thereafter.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-49. Continuity of service mandatory.
(a) It is the right of all subscribers of the franchisee to receive all available services from the
franchisee as long as their financial and other obligations to the franchisee are satisfied.
(b) In the event of a termination or transfer of a franchise for whatever reason, i;he
franchisee shall ensure that all subscribers receive continuous, uninterrupted service regard-
less of the circumstances. The franchisee shall cooperate with the county to operate the system
for a temporary period following termination or transfer as necessary to maintain continuity
of service to all subscribers. The temporary period will not exceed six (6) months without the
franchisee's written consent. During such period the cable system shall be operated under such
terms and conditions as the county and the franchisee may agree, or such other terms and
conditions that will continue, to the extent possible, the same level of service to subscribers
and that will provide reasonable compensation to the cable operator.
(c) In the event a franchisee fails to operate the system for seven (7) consecutive days
without prior approval of the board or without just cause, the county may, at its option, operate
the system or designate an operator until such time as the franchisee restores service under
conditions acceptable to the county or until a permanent operator is selected. If the county is
required to fulfill this obligation for the franchisee, the franchisee shall reimburse the county
for all costs or damages resulting from the franchisee's failure to perform that are in excess of
the revenues from the system received by the county. Additionally, the franchisee will
cooperate with the county to allow county employees and/or county agents free access to the
franchisees' facilities and premises for purposes of continuing system operation.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 221
§ 1-5.5-50 ST. LUCIE `GOUNTY CODE
Sec. i-.~:~-5Q. ~a~,es -a~rd charg~es.
The county reserves the right to regulate rates for cable services to the full e~ent permitted
by law.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-51. Perfor~anue eval~ation.
The board may conduct periodic perf'ormance evaluations of a franchisee as the board
determines is necessary. A franchisee shall cooperate with these evaluations reasonably and in
good faith. If the board implements a survey of cable subscribers in connection with a
performance evaluation, the board may require a franchisee to distribute the county's
questionnaire to its subscribers provided that such distribution may be accomplished within
normal billing mailings. Upon request and upon reimbursement of the county's copying costs,
the franchisee may receive copies of all responses.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-52. Power of board to regulate.
The board may do all things which are necessary and convenient in the exercise of its
jurisdiction under this chapter and may determine any question of fact which may arise during
the existence of any franchise granted hereunder. The board is hereby authorized and
empowered to prescribe rules and regulations and to adjust, settle, or compromise any
controversy or charge arising from the operations of any franchisee under this chapter, either
on behalf of the county, the franchisee or any subscriber, in the best interest of the public.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-53. Enforcement by the county.
The franchisee shall not be relieved of its obligation to comply with any of the provisions of
this chapter by reason of any failure of the county to enforce prompt compliance. The county
reserves any and ali rights to enforce the provisions of this chapter and the terms and
conditions of any franchise granted hereunder to the fullest extent allowed by law.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-54. Rights reserved to franchisee.
In any material dispute between the county and the franchisee, the county and the
franchisee may pursue such remedies as are available to it including actions at law in any
court of competent jurisdiction.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-55. County cable system ownership authorized.
(a) To the full extent permitted by law, the county may acquire, construct, own, and/or
operate a cable system.
Supp. No. 49 222
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-59
(b) Nothing in this chapter shall be construed to limit in any way the ability or authority
of the county to acquire, construct, own, and/or operate a cable system to the full extent
permitted by law.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-56. Miscellaneous provisions.
Submissions to county and filing. Unless otherwise expressly provided herein, formal
submissions required by this chapter and requiring action by the board shall be submitted to
and in the name of the board and shall be filed with the county administrator.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-57. Hearing rules.
Except as otherwise expressly provided herein, all public hearings provided for by this
chapter shall be conducted in accordance with procedures and rules set forth herein.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-58. Procedure for correction of errors in issuance of franchises.
Notwithstanding the provision of the foregoing sections, if any franchise shall be issued or
shall be outstanding because of error of law or fact, or because of administrative error, the
board shall correct such franchise upon notice to franchisee and reasonable opportunity for
franchisee to be heard, but without charges, findings, or other formal requirements.
(Ord. No. 97-03, Pt. A, 7-15-97}
Sec. 1-5.5-59. Theft of services and tampering.
(a) It is unlawful to:
(1) Willfully obtain or attempt to obtain cable service from the franchisee by any means or
device without payment to the franchisee for such cable television service of all lawful
compensation due for each type of cable television service unlawfully obtained.
(2) Willfully assist or instruct any other person in obtaining or attempting to obtain any
cable television service without payment to the franchisee of such cable television
service of all lawful compensation due for each type of service unlawfully obtained.
(3) Willfully tamper or otherwise interfere with or connect to by any means, whether
mechanical, electrical, acoustical or other, any cable, wires or other devices used for the
distribution of cable television ser~~ice without the actual authority from the franchisee
of such cable television service.
(4) Willfully sell, rent or lend, or promote or advertise for sale, rental, or use, any device
or any plan to any person with the knowledge that the person intends to use such
device or plan to commit any of the acts set forth in paragraphs (a), (b), and (c),
whether or not such device or plan actually has the ability to facilitate the commission
of any acts set forth in paragraphs (a), fb), and (c).
Supp. No. 49 223
§ 1-5.5-59 ST. LUCIE COUNTY CODE
(5) Willfully sell, rent or lend, or promote or advertise for sale, rental or use, without
actual authority from the licensee of such cable television service, any device which is
electronically capable of decoding cable television signals which have been encoded by
the franchisee or any person under contract with such franchisee.
(b) Any law enforcement department of the county having jurisdiction shall have the
authority to confiscate any and all such instruments, apparatus, equipment, devices, instruc-
tions and plans described in this section, including any materials, tools, machinery, or
equipment used to manufacture or produce snch instruments, apparatus, equipment, devices,
instructions and plans, and, upon conviction for violation of the provisions of this section, such
instruments, apparatus, equipment, devices, instructions and plans, together with all such
materials, tools, machinery, and equipment used to manufacture or produce same shall be
destroyed or otherwise disposed of by order of court.
(c) Any person who willfully violates this section shall be guilty of a misdemeanor in the
second degree, punishable as provided in Section 125.69, Florida Statutes.
(d) Whoever is found in a civil action to have violated the provisions of this section shall be
liable for actual and punitive damage to the franchisee and may be subject to fines and
injunction or both and upon judgment in favor of the franchisee, such franchisee shall also be
able to recover all costs of such action, including all appellate proceedings, together with
reasonable attorney's fees.
(e) In addition to this chapter, the Federal Cable Communications PolicyAct, 47 USC § 553,
imposing both civil and criminal penalties for cable theft of up to fifty thousand dollars
($50,000.00) and two (2) years in prison for the first offense and up to one hundred thousand
dollars ($100,000.00) and five (5) years imprisonment for the second offense is fully applicable.
(Ord. No. 97-03, Pt. A, 7-15-97)
Sec. 1-5.5-60. Force majeure.
In the event a franchisee's performance of or compliance with any of the provisions of this
chapter or the franchisee's franchise agreement is prevented by a cause or event not within the
franchisee's control, such inability to perform or comply shall be deemed excused and no
penalties or sanctions shall be imposed as a result thereof, provided, however, that franchisee
uses all practicable means to expeditiously cure or correct any such inability to perform or
comply. For purposes of this chapter and any franchise agreement granted or renewed
hereunder, causes or events not within a franchisee's control shall include, without limitation,
acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts
of public enemies, riots or civil disturbances, sabotage, war, strikes and restraints imposed by
order of a governmental agency or court. Causes or events within franchisee's control, and thus
not falling within this section, shall include, without limitation, franchisee's fmancial inability
to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any
of franchisee's directors, officers, employees, contractors or agents.
(Ord. No. 97-03, Pt. A, 7-15-97)
Supp. No. 49 224
CABLE TELEVISION FRANCHISE ORDINANCE § 1-5.5-61
Sec. 1-5.5-61. Reservation of rights.
(a) The board reserves the right to amend this chapter as it shall find necessary in the
lawful exercise of its police powers.
(b) Any additional regulations adopted by the board shall be incorporated into this chapter
and complied with by all franchisees within thirty (30) days of the date of adoption of such
additional regulations.
(c) The Board reserves the right to exercise the power of eminent domain to acquire the
property of franchisee's cable system, consistent with applicable federal and state law.
Notwithstanding anything to the contrary, this section shall not enlarge or restrict the county's
exercise of eminent domain except to the extent provided by applicable law.
(d) The board shall at all times have the right, upon reasonable notice and during normal
business hours, to examine and copy the franchisee's records and to inspect a franchisee's
facilities to the extent needed to monitor a franchisee's compliance with and performance
under this chapter and the franchisee's franchise agreement.
The rights reserved in this chapter are in addition to other rights heretofore expressly
reserved.
(Ord. No. 97-03, Pt. A, 7-15-97)
~
[The next page is 261]
Supp. No. 49 225
COURTS § 1-7-4
Sec. 1e7-4. County court civil division charges and costs.
Upon the institution of any civil action or proceeding in county court, the plaintiff, when
filing his action or proceeding shall pay the following service charges:
(a) Claims of less than one hundred dollars ($100.00):
Filing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
Legal aid .......................................................... 5.00
Court facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 2.00
Law library ........................................................ 3.00
State court education trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.50
State court cost ..................................................... 7.00
Mediation-arbitration charge ........................................ 5.00
Total .............................................................. $34.50
(b) Claims of one hundred dollars ($100.00) or more but less than two
thousand five hundred dollars ($2,500.00):
Filing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.00
Legal aid .......................................................... 5.00
Courtfacility ....................................................... 7.00
Law library ........................................................ 3.00
State court education trustfund ..................................... 2.50
State court cost ..................................................... 7.00
Mediation-arbitration charge ........................................ 5.00
Total .............................................................. $54.50
(c) Claims of more than two thousand five hundrecl dollars ($2,500.00):
Filing fee .......................................................... $40.00
Legal aid .......................................................... 5.00
Court facility ....................................................... 12.00
Law library ........................................................ 3.00
State court education trustfund .........:........................... 2.50
State court cost ..................................................... 7.00
Mediation-arbitration charge ........................................ 5.00
Total .............................................................. $74.50
(d) Removal of tenant (eviction):
Filing fee ................ ........................................ $35.00
Legal aid .......................................................... 5.00
Courtfacility ....................................................... 4.00
Law library ........................................................ 7.50
State court education trustfund ..................................... 2.50
State courtcost ..................................................... 7.00
Mediation-arbitration charge ........................................ 5.00
Supp. No. 4s 317
§ 1-7-4 ST. LUCIE COUNTY CODE
Total .............................................................. $66.00
(e) Additional charge for proceeding of garnishment, attachment, replevin
and distress ........................................................ $35.00
(fl Notice of appeal (two (2) separate payments)*:
Filing notice of inferior court, county court . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00
Filing notice to higher court, circuit court . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00
*These charges do not include service charge for certified copy of notice of appeal to the
circuit court.
(Ord. No. 85-09, Pt. B, 9-24-85; Ord. No. 87-62, Pt. C, 9-8-87; Ord. No. 88-76, Pt. C, 9-27-88;
Ord. No. 90-23, Pt. B, 6-12-90; Ord. No. 90-38, Pt. C, 8-21-90; Ord. No. 90-39, Pt. C, 9-25-90;
Ord. No. 91-20, Pt. C, 10-8-91; Ord. No. 94-20, Pt. C, 8-2-94; Ord. No. 97-05, Pt. C, 6-3-97)
Sec. 1-7-5. Service charges other than those fixed by this chapter.
Service charges other than those fu~ed in this chapter shall be governed in Section 28.24,
Florida Statutes, as amended.
(Ord. No. 85-09, Pt. B, 9-24-85)
Sec. 1-7-6. Disposition of law library funds.
All additional costs collected for the law library shall be set aside by the clerk to be used
exclusively for the establishment and maintenance of the county law library. At the end of each
month, such clerk will turn over such funds so collected to the board of trustees of the county
law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895,
Laws of Florida.
(Ord. No. 85-09, Pt. B, 9-24-85)
Sec. 1-7-6.5. Assessment of additional court costs for court facilities.
Pursuant to Section 939.18, Florida Statutes, a court is authorized to charge an additional
amount not to exceed one hundred fifty dollars ($150.00) in court costs to assist in the cost of
providing and maintaining court facilities in St. Lucie County. When assessed, the funds will
be paid to the clerk of the court of St. Lucie County. The clerk of the court will forward, on a
monthly basis, those costs collected pursuant to Section 939.18, Florida Statutes, to the board
of county commissioners for deposit of said funds into a special and separate account titled
"Court Facilities Fund-Court Costs" as established in section 1-7-7(b) of the Code.
(Ord. No. 97-25, 9-2-97)
Editor's note-Ord. No. 97-25, adopted Sept. 2, 1997, added new provisions to the Code as
§ 1-7-10. As other provisions already e~cisted within the Code as § 1-7-10, the provisions of Ord.
No. 97-25 have been redesignated as § 1-7-6.5 at the discretion of the editor.
Sece 1-7-7. Disposition of court facilities funds from court filing charges and from
court costs; accounting by clerk of the co~xrt.
(a) Court facilities fund-Filing charges: All additional costs collected for court facilities
from court filing charges shall be set aside by the clerk in a separate account titled "Court
Facilities Fund-Filing Charges" to be used exclusively for the construction, operation and
maintenance of court facilities as determined by the board of county commissioners.
Supp. No. 49 318
COURTS § 1-7-9
(b) Court facilities fund-Court costs: All additional costs collected pursuant to section
1-7-6.5 shall be used to provide and maintain court facilities under rules adopted by the
administration commission. The clerk of court will keep a record of costs assessed, received
and forwarded to the board of county commissioners for deposit in the "Court Facility
Fund-Court Costs." The clerk of court in her capacity as accountant to the board of county
commissioners, will provide to the chief judge, of the Nineteenth Judicial Circuit, the board of
county commissioners and the administration commission an annual financial report on the
court facilities fund outlining the amount of court costs collected, expenditures and earnings
from the investment of said fund.
(Ord. No. 85-09, Pt. B, 9-24-85; Ord. No. 97-25, 9-2-97)
Sec. 1-7-8e Reservedo
Editor's note-Ordinance No. 86-61, Pt. A, adopted Dec. 9, 1986, specifically repealed
former § 1-7-8 in its entirety. Such former section pertained to additional penalty in
noncriminal dispositions of traffic infractions and derived from Ord. No. 86-21, Pt. A, enacted
July 20, 1986.
Sec. 1~7-9e Disposition of inediation-arbitration fund.
All additional costs collected for mediation-arbitration services shall be set aside by the
clerk in the civil court mediation-arbitration account fund, county court mediation-arbitration
~
Supp. No. 49 318.1
MLTNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-6
(c) The board of county commissioners, at its option, may place a question concerning the
creation of a proposed municipal service taxing or benefit unit on the ballot at any primary
election, general election or otherwise called special election as provided by general law, to
obtain an expression from qualified electors residing within the proposed unit as to whether
the proposed unit should be created. The cost of the election shall be added to the cost of the
improvements or services in the event the board determines to create the proposed taxing or
benefit unit. Provided, however, the results of any election held pursuant to this section are not
binding on the board.
(d) Initial petition. Property owners may petition the board for the county engineer to
provide a preliminary estimate of the cost of construction of requested improvements or the
cost of requested services under the provisions of this chapter. The county engineer shall
provide the petition forxn to any interested person. Signatures on the petition and the fact of
execution by a majority of such property owners shall be verified by the county engineer upon
the basis of information in the public records. Property owners may withdraw their names
from the petition by providing the county engineer with written notice of such withdrawal at
any time prior to the initial public hearing, provided, however, as set forth in section 1-13.5-5
of this Code, the board may create a municipal services taxing or benefit unit on its own motion
without the concurrence of fifty-one (51) per cent of the property owners.
(e) Petition form. The form of petition referred to herein shall be approved by the county
attorney as to legal form and sufficiency and shall require (i) a description of the proposed
improvements or services and (ii) a statement that the petitioners (a) request that the
improvements be constructed or that the services be provided (b) recognize that the determi-
nation of special assessments will be made by the board at a public hearing (c) agree to be
assessed for the actual cost for construction of the improvements or provisions of services,
including allowable administrative and other incidental costs connected therewith, in an
amount not to exceed the maximum allowed by this chapter and (d) agree to be assessed for the
costs of preparing the plans, specifications, and cost estimates required for the project in the
event the project is not approved.
(fl Priority of petitions and record keeping. Petitions shall be numbered in the order in
which they are received. The county engineer shall maintain a tabulation of numbered
petitions along with the dates of filing, hearings, preliminary estimates and the final cost.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-6, Pt. A, 1-19-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
1Vo. 95-14, Pt. A, 6-6-95; Ord. No. 97-20, Pt. A, 7-15-97)
Sec. 1~13e5-6. Procedure for creation of municipal service taging units.
(a) Public hearing. Prior to creating a municipal service taxing unit, the board shall hold a
public hearing. Notice of the public hearing shall be published twice in a daily newspaper of
- general circulation in St. Lucie County, once not less than twenty-one (21) days and once no
more than seven (7) days before the date of such public hearing. The notice shall include a brief
fiupp. No. 49 717
§ 1-13.5-6 ST. LUCIE COUNTY CODE
description of the unit, the proposed action to be taken by the board, and the time, date and
place of the hearing. The board may, at the board's option, determine to mail an additional
notice to affected property owners prior to the public hearing.
(b) Resolution creating taxing unit. If the board finds, at the advertised public hearing, that
creation of such unit would be in the public interest, it shall adopt a resolution providing for
the creation of the unit. The resolution shall set forth the following:
(1) The name or designation by which the unit shall be known.
(2) The boundaries of the unit.
(3) The services to be provided or improvements to be constructed in the unit.
(Ord. No. 94-11, Pt. A, 5-3-94; Ord. No. 95-14, Pt. A, 6-6-95)
Sec. 1-13.5-7. Procedure for creation of municipa~ service benefit units.
(a) Initial hearing. Upon receipt of a petition that complies with this chapter to create a
MSBU, the county engineer shall submit the petition to the board and shall request permission
to advertise an initial public hearing to determine (i) the need for the proposed project, (ii) the
percentage of public and private benefits and (iii) the method of assessment.
Notice of the initial public hearing shall be published twice in a daily newspaper of general
circulation in the county once not less than twenty-one (21) days and once not more than seven
(7) days before the date of such public hearing. In addition, notice shall be mailed to the record
title holder of any property to be specially assessed at least fourteen (14) days prior to the date
of the public hearing. The mailed notice shall include a brief description of the project, the
proposed action to be taken by the board and the time, date, and place of the hearing. The
published notice shall include the same information and shall also include a map showing the
specially benefited property. An initial public hearing is not required if the board determines
on its own motion to direct the county engineer to prepare a report as set out below.
At the time set for the initial public hearing, the board shall hear all interested persons and
shall make an initial determination as to whether (i) the project is in the best interest of the
health, safety and/or welfare of the county and, if so, (ii) the percentage of public and private
benefits which will result from the proposed improvements or services, and (iii) the method to
be used in assessing specially benefitted property. That percentage of the benefits of the
improvements or services which the board finds accrues to the public shall be the percentage
of the cost of improvements or services borne by the county. Upon making the above
determinations, the board shall adopt a resolution creating the unit and authorizing the
county engineer to proceed with the project as hereinafter provided. The board may, upon its
own motion, direct the county engineer to prepare a report for specified improvements or
services even though no petition of property owners has been presented or the majority
ownership condition is not met.
The resolution shall contain findings by the board (i) that the improvemerits or services
would be of benefit to the real and personal property within the boundaries of the proposed
Supp. No. 49 718
MUNICIPAL SERVICE TAXII~TG OR. BENEFIT UNITS § 1-13.5-7
unit, (ii) that the cost of providing such improvements or services is not expected to be in excess
of the benefit gained, and (iii) that the creation of such unit would be in the public interest. In
addition to such findings, the resolution shall set forth the following:
(1) The name or designation by which the unit shall be known.
(2) The boundaries of the unit.
(3) 1'he improvements or services to be provided in the unit.
(4) The method of assessment approved by the board.
(b) Project report and preliminary assessment roll. Upon receiving authorization to proceed
with the project, the county engineer shail prepare a report, accompanied by a map and other
pertinent data, setting forth:
(1) The boundaries of the proposed benefit unit and recommendations as to any territory
within such boundaries which should be excluded from the unit because of the
disproportionate cost of providing the improvements or services requested for such
territory or for any other reason.
(2) The location or locations of any improvements to be acquired, leased or installed, all of
which shall be constructed to county standards.
(3) An estimate of the cost of such improvements.
(4) An estimate of the annual expense of operating any such improvements and providing
such services.
(5) An estimate of fees, direct charges, engineering costs and administrative costs.
(6) A list of specially affected property owners and the status of any petitions.
(7) A preliminary assessment roll which will indicate the tentative assessment for each
parcel within the proposed MSBU necessary to finance the improvements or services.
(c) Information meeting. Thereafter, if the board so directs, all specially benefitted property
owners shall be notified of an informal meeting with the county engineer, at which the county
engineer will explain the proposed improvements or services, the tentative assessment to each
property, and the procedure thereafter to be followed. Other necessary county personnel will
attend said meeting as directed by the board. The notification required to be given for such
meeting to be held by the county engineer shall consist of a notice published in a local
newspaper of general circulation in St. Lucie County. Said publication shall be made once at
least ten (10) days before the informational meeting date. An additional courtesy notice of the
county engineer shall also be mailed to each property owner, by regular mail, no less than ten
(10) days prior to the informational meeting date. The mailed notice shall be based on names
and addresses found in the records of the property appraiser or from such other sources the
county engineer deems reliable. The mailed notice shall include the property owners' tentative
~ssessment applicable to the property to be assessed, provided, however, that in lieu of an
informatianal meeting, the county engineer may distribute by regular mail, a comprehensive
and detailed explanation of the proposed improvements or services and the reasons why same
are necessary
~upg. No. 4s 719
§ 1-13.5-7 ST. LUCIE COUNTY CODE
(d) Second public hearing. Upon completion o#' the preparati~n c3f the report and prelimi-
nary assessment roll, the county engineer shall request from the board permission to advertise
a public hearing thereon. Provided, however, that the board at any time, in its sole discretion,
may determine not to proceed with the improvements or services.
Prior to the public hearing, the county engineer shall notice the hearing by first-class mail
and by publication in a daily newspaper of general circulation within St. Lucie County.
Addresses for mailed notices shall be obtained by the county engineer from the records of the
property appraiser or from other sources as the county engineer deems reliable. The notice by
mail shall be sent at least twenty-five (25) days prior to the public hearing to each person
owning property within the proposed MSBU and shall include (i) the purpose of the
assessment, (ii) the total amount to be levied against each parcel, (iii) the unit of ineasurement
to be applied against each parcel to determine the assessment, (iv) the number of such units
contained within such parcel, (v) the total revenue to be collected by the special assessment,
(vi) a statement that all affected property owners have a right to appear at the hearing and to
file written objections with the board within twenty (20) days of the date of the notice, and (vii)
the date, time and place of the hearing. If the board chooses to collect the special assessment
pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this
chapter, the mailed notice shall also provide a statement that failure to pay the assessment
will cause a tax certificate to be issued against the property which may result in a loss of title.
The published notice shall be published twice in a daily newspaper of general circulation in St.
Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days
before the date of such public hearing. The published notice shall include (i) a brief description
of the project, (ii) a geographic depiction of the property subject to the assessment, (iii) the
proposed action to be taken by the board, (iv) the time, date and place of the hearing, and (v)
statement that all affected property owners have a right to appear at the hearing and to file
written objections with the board within twenty (20) days of the publication of the notice. If the
board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as
provided for in section 1-13.5-11(i) of this chapter, the published notice shall also provide a
statement that the assessment shall be collected by the t~ collector and include a proposed
schedule of the assessment.
At the public hearing the owners of the property to be assessed or any other persons
interested may appear before the board and be heard as to the propriety and advisability of
making such improvements or providing such sexvices, as to the costs thereof, as to the manner
of payment thereof, and as to the amount thereof to be specially assessed against each property
so improved. At the public hearing the county engineer shall also present to the board the
preliminary assessment roll. The assessment roll shall show (i) the lots and lands assessed, (ii)
the amount of the benefit to and the assessment against each lot or parcel of land, and (iii) if
said special assessment be paid in installments, (a) the number of annual installments into
which the special assessment may be divided which shall not exceed thirty (30), and (b)
whether the assessment shall be payable in equal installments of principal to which inter~st
shall be added or equal installments of principal and interest shall also be entered and shown
upon said assessment roll.
Supp. No. 49 720
MLTNICIPAL SEftVICE TAXING OR BENEFIT UNITS § 1-13.5-8
At the time and place named in the notice of public hearing, the board shall also meet as an
equalizing board to hear and consider any and all complaints as to such special assessments
and shall adjust and equalize the assessments on the basis of just and right. When equalized
and approved by resolution of the board, the assessments as shown in the preliminary roll, as
adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other
liens for county taz~es, upon the property against which such assessment is made, from the
time of adoption of the resolution at the initial public hearing as provided in subsection (a)
above, until paid; provided, however, that upon completion of the improvements the board
shall credit to each of said assessments the difference in the assessment as originally made,
approved and confirmed above and the proportionate part of the actual costs of said
improvement to be paid by special assessment as finally determined upon completion of said
improvement; provided that in no event shall the final assessments exceed by more than ten
(10) per cent the amount originally assessed by the board without a further public hearing.
Promptly after the confirmation of the assessments, the assessments shall be recorded by the
clerk of the board in a special book to be known as the "improvements lien book", and the
record of the lien in said book shall constitute prima facie evidence of its validity. Notwith-
standing the above, a copy of the resolution referred to above shall be recorded in the official
records of the clerk of the circuit court of St. Lucie County so as to facilitate knowledge thereof
by third parties. However, if the board chooses to collect the special assessment pursuant to
Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, such
recording shall not be required.
The resolution approving the preliminary assessment roll, as equalized, shall (i) state the
nature of the proposed improvements or services, (ii) designate the areas to be so improved or
served, (iii) state the method in which said assessments shall be made, and (iv) state when the
assessments are to be paid. The resolution shall also (i) designate the lands upon which the
special assessment shall be levied and (u) state the total estimated costs of the improvement
or annual cost of the services. The estimated costs shall include, but not necessarily be limited
to, an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees,
permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the
work, the preparation of the plans and specifications and the estimate, the printing, mailing,
and publishing of notices and proceedings, the preparation of certificates, bonds, the costs of
collection of assessments, including discounts for prepayment and/or early payment, admin-
istrative costs and any other e~ense necessary or proper to any of the foregoing.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-6, Pt. A, 1-19-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
No. 95-14, Pt. A, 6-6-95; Ord. No. 97-20, Pt. B, 7-15-97)
Sec~ 1-13e5-8. Proceedings by cuunty engineer subsequent to hearing.
Upon receiving authorization to proceed as provided for herein, the county engineer may
publish requests for proposals for engineering services to prepare the plans, specifications and
cost estimate for the project and the budget officer/purchasing agent may publish requests for
bids for construction and financing of the project pursuant to the plans and specifications.
(Ord. Na, 87-4, Pt. A, 2-24-87; Ord. No. 94-11, Pt. A, 5-3-94; Ord. No. 95-14, Pt. A, 6-6-95)
Sup~, No. 4s 721
§ 1-13.5-9 ST. LUCIE COUNTY CODE
Sec. 1-13.5-9. Contracts.
After the adoption of the resolution approving the preliminary assessment roll as provided
in section 1-13.5-7(g), above, the board shall enter into such contracts and agreements with
such companies, municipalities and special districts as the board may determine are necessary
to provide the improvements or services for which each unit authorized by this chapter was
created.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-6, Pt. A, 1-19-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
No. 95-14, Pt. A, 6-6-95)
Sec. 1-13.5~10. Annual municipal services tazing uait taxes.
In each year, before the levy of county taxes, the board shall determine the amount required
in the following fiscal year, in addition to the funds then available and to become available for
such purposes, to pay the expenses of fumishing the improvements or services for which each
municipal services taxing unit authorized by this chapter was created, and the amount so
determined shall be specially levied upon all lawfully taxable property within the unit. Such
ta~ces shall be extended and collected at the same time and in the same manner as county t~es
are levied and collected, and shall have the same priority rights, bear interest, be subject to
penalties, and be treated the same as county taxes, except that, in accordance with the second
sentence ofArticle VII, Section 9(b), Florida Constitution, such taxes shall be levied within the
limits fixed for municipal purposes except that, in accordance with the second sentence of
Article VII, Section 9(b), Florida Constitution, such assessments shall be levied within the
limits fixed for municipal purposes. The proceeds of such taxes shall, when collected, be
deposited and applied only to the purpose or purposes for which they are levied.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 94-11, Pt. A, 5-3-94; Ord. No. 95-14, Pt. A, 6-6-95)
Sec. 1-1305-11. Special assessments; collection.
(a) Priarity of lien, interest, method of payment of special assessments. The special
assessments shall be payable at the time and in the manner stipulated in the resolution
providing for said improvements or services. The assessments shall bear interest at a rate not
to exceed the maximum rate permitted by law for such assessments from (i) th~ date of
approval of the resolution provided for in subsection 1-13.5-7(d) above or (ii) such other date
as may be fixed by the board, and may be made payable in annual installments as determined
by the board, if installments are allowed by the board, to which installments, if not paid when
due there shall be added a penalty at the rate of one (1) per cent per month upon the due but
unpaid principal portion of the installment(s), until paid; provided that said assessments may
be paid without interest or additional amount at any time within thirty (30) days after (i) the
adoption of the resolution approving the preliminary assessment roll as provided in subsection
1-13.5-7(d) above or (ii) such other time as may be specified by the board. The special
assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie
County t~ collector as provided by the board.
Supp. No. 49 722
MiJNICIPAL SERUICE TAXING OR BENEFIT UNITS § 1-13.5-11
(b) Valid assessment to be made. If any special assessment made under the provisions of
this chapter to defray part of the expense of any improvement made or services provided
hereunder shall be either in whole or part vacated or set aside by the judgment of any court
or the board shall be satisfied that any such assessment is so irregular or defective that the
same cannot be enforced or collected or if the board shall have omitted to make such
assessment when it might have done so, the board shall take all necessary steps to cause a new
assessment to be made for any improvement or service and against any property specially
benefitted by such improvement or service following as nearly as may be the provisions of this
chapter. In case such second assessment shall be likewise invalid, the board may obtain and
make other assessments until a valid assessment shall be made.
(c) Certificate of indebtedness. At the termination of said thirty-day period for payment of
such special assessments, the clerk of the board may prepare separate certificates of
indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid;
and such separate certificate of indebtedness shall contain a description of the land together
with the total amount of the assessment which shall be the amount assessed plus the cost of
recordation of said certificate and recordation of satisfaction or cancellation thereof together
with a statement of the general nature of the improvement or service for which the assessment
has been made, the date thereof, the name of the fee simple owner of record and such further
information pertaining thereto as the board may determine. The said certificate shall be
payable to the County of St. Lucie or any proper assignee or assignees thereo£ Any assignment
of certificate must appear on the certificate itself and also upon the books of the County of St.
Lucie for such assignment to be legal and binding. The certificate shali bear interest at a rate
not greater than the m~imum rate permitted by law for such assessments, as may be
determined by the board and shall be payable annually from date thereof, in equal and annual
installments of principal, together with interest accrued upon the principal remaining
outstanding and unpaid, in equal annual installments, the number of installments, if any, to
be determined by the board, provided, however, that any certificate may be paid at any time
by payment of the total unpaid principal thereof together with interest computed to the date
of payment.
(d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by
the chairman of the board of county commissioners of St. Lucie County, or in the event of his
absence or other incapacity, by the vice-chairman of the board and signed by the clerk of the
circuit court of St. Lucie County as the clerk, and as clerk of said board, or, in the event of his
absence, by an assistant clerk. The seal of said clerk shall be affixed thereto. The signature of
the chairman or vice-chairman shall be acknowledged before a notary public for the State of
Florida and upon which acknowledgement of the same shall be entitled to being recorded in
the office of the clerk of the circuit court of St. Lucie County, Florida. Any notary duly
commissioned by the State of Florida may take and certify such acknowledgement to be made
by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such
person be a duly commissioned notary public may take and certify such acknowledgement for
which the clerk or assistant clerk shall receive no compensation other than the compensation
which ma~ be paid to him in his capacity as clerk or assistant clerk.
~uPP. No. 49 723
§ 1-13,5-11 ST. LUCIE COUNTY CODE
(e) Alternate method of financing improvemen2s. As an alternative to issuing certificates of
indebtedness as set out in subsections (c) and (d) above, the board may, as a means of financing
improvements, (i) enter into loan agreements with local financing institutions to pledge the
revenues from the special assessments, or (ii) issue bonds, in the Tnanner provided by
ordinance, secured by the proceeds of the special assessment. Where bonds are issued secured
by the proceeds of special assessments, to the unpaid principal of the assessments may be
added (a) interest at a rate not to exceed one (1) per cent in exeess of the interest rate on the
bands and (b) such amounts as are necessary to pay (i) the fees and expenses of the tax collector
and property appraiser in connection therewith and (ii) to allow for discounts for early
payment of assessments collected pursuant to Chapter 197.3632, Florida Statutes.
(~ Default on special assessment. Failure to pay any installment of principal or interest or
any part thereof when the same shall become due and payable, shall cause, without notice or
other proceedings, all installments of principal then remaining unpaid to be immediately due
and payable, and may subject the property to which assessment relates to foreclosure. The
County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such
assessment as hereinafter provided or may cause the amount of such assessment to be paid
from other funds or sources in the discretion of the board. Immediately upon default in any
payment an additional lien for the cost of enforcement thereof, including court costs, abstract
costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assess-
ments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure
or by any other lawful legal process or procedure then available for enforcement pursuant to
the laws of the State of Florida. In any event, the fmal decree or judgment shall include the
amount of principal remaining due and unpaid upon such assessment, together with any
interest accrued thereon, and, if bonds secured by such assessment are outstanding, interest
and redemption premium, if any, to accrue on such bonds to the earliest date in which such
bonds may be called for redemption, together with all costs including abstract fees and
attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted
to a sale and conveyance of the property involved in said proceedings as provided by law in
suits to foreclosure mortgages.
(g) Assessment roll sufficient evidence. Any informality or inegularity in the proceedings in
connection with the levy of any special assessment under the provisions of this chapter shall
not effect the validity of the same where the assessment roll has been confirmed by the board.
The assessment roll as finally approved and confirmed shall be competent and sufficient
evidence that the assessment was duly levied, that the assessment was duly made and
adopted, and that all other proceedings adequate to the adoption of the said assessment roll
were duly had, taken and performed as required by this chapter. No variance from the
directions of this chapter shall be held material unless it be clearly shown that the party
objecting was materially injured thereby.
(h) Payments. Billing, receiving and accounting for the payment of assessments shall be the
responsibility of the clerk of the circuit court or the St. Lucie County tax collector as provided
by the board. A record of payments and balances shall be kept for each praperty assessed. A
tabulation of accounts shall be provided by the clerk of the circuit court or the St. Lucie County
t~ collector.
Supp. No. 49 724
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-14
(i) Optional method of collecting special assessment. As an alternative method of collecting
special assessments to that specified above, the board may, pursuant to the provisions of
sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of
collecting special assessments specified in those sections. For the purposes of determining the
amount of the special assessment lien in disbursing the proceeds from tax sale deeds, the lien
of record against any property shall be deemed to be the amount as shown in the resolution
referred to in section 1-13.5-7(h), reduced by the amount of any principal therefore paid and
increased by the amount of any interest and cost of collection if delinquent. If any assessment
is paid in part, but not in full, such partial payment shall reduce the total principal amount of
assessments due but shall not reduce the annual payments (except for the final payment) due
on such assessments or postpone the due date for the next scheduled payment of assessments
after such partial payment.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-45, Pt. A, 5-3-88; Ord. No. 89- 72, § 1, 12-12-89; Ord.
No. 94-11, Pt. A, 5-3-94; Ord. No. 94-17, Pt. A, 9-6-94; Ord. No. 95-14, Pt. A, 6-6-95)
Sec. 1-13.5-12. County authorized to advance necessary expenses.
To accomplish the purposes of this chapter, the board is authorized and empowered to
appropriate and advance from its general fund the moneys to pay necessary expenses prior to
the creation of any unit and the receipt of unit funds. After any unit is created, the moneys so
advanced shall be repaid to the general fund from unit funds. Any moneys so advanced and
expended toward the creation of any unit but resulting in such unit not being created shall be
a county expense. The appropriation and expenditure of funds under this section is a county
purpose.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 94-11, Pt. A, 5-3-94)
Sec. 1-13.5-13. Provisions supplemental.
This chapter shall be deemed to provide a supplemental, additional and alternative method
of procedure for the benefit of the county and shall not apply to improvements done pursuant
to any other law.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 94-11, Pt. A, 5-3-94)
Sec. 1-13.5-14e Notice of intent to issue bonds.
Prior to the issuance of any bonds, certificates or other obligations (the "bonds"), pursuant
to this chapter, the board may, in its discretion, publish a notice at least once in a daily
newspaper of general circulation in the county, stating (i) the date of adoption of the resolution
authorizing the bonds, (ii) the amount, maximum rate of interest and mat~.rity of the bonds,
(i~i) the purposes in general terms for which the bonds are to be issued, (iv) the name of the
municipal services benefit unit or municipal services taxing unit (the "unit") created to levy an
assessment or t~ to repay the bonds, and further stating that any action or proceeding
questioning the validity of the bonds, or of the proceedings authorizing the issuance thereof,
or of any covenants made therein, or questioning creation of the unit, must be instituted within
twenty (20) days after the publication of such notice, or the validity of the bonds, the
~upp. No. 49 725
§ 1-13.5-14 ST. LUCIE COUNTY CODE
proceedings authorizing the issuance thereof, the covenants made therein, and the creation of
the unit shall not be thereafter questioned in any court whatsoever. If no such action or
proceeding is instituted within twenty (20) days of the publication of the notice described
above, then the validity of the bonds, the proceedings authorizing the issuance thereof, the
covenants made therein, and the creation of the unit, shall be conclusive and all persons or
parties whatsoever shall be forever barred from questioning these matters in any court
whatsoever. This procedure is supplemental and in addition to any other procedure available
to the board to establish the validity of bonds issued or units created pursuant to this chapter
and the failure by the board to institute this procedure shall not affect the validity of such
bonds or units.
(Orde No. 97-20, Pt. C, 7-15-97)
Sec. 1-13.5-15. Dissolution of units.
A municipal services ta~ung unit or municipal services benefit unit created pursuant to this
chapter may be dissolved by resolution of the governing body of the unit provided that no such
iznit may be dissolved unless all indebtedness secured by the proceeds of taxes or special
assessments levied by the units is paid off or unless there is otherwise full compliance with the
terms, conditions or covenants of the document(s) or note which established the indebtedness.
(Ord. No. 97-20, Pt. D, 7-15-97)
[The next page is 729]
Supp. No. 49 726
ROADS AND BRIDGES § 1-17-29
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 terxn to the specific example but is intended to
extend its meaning to all other instan.ces or circumstances of like kind or character.
(8) A road right-of-way used to define road benefit zone boundaries may be considered
within any zone it bounds.
(9) "County administrator" means the county administrator and/or his or her designee.
(10) Unless the conte~ indicates to the contrary, all land use terminology in this article
shall have the same meaning as it has in the St. Lucie County Land Development
Code.
(Ord. Noe 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93)
Cross reference-Zoning, App. A.
Sec. 1-17-28. Imposition of roads impact fee.
(a) Any person who, after the effective date of this article, seeks to develop land by making
improvements to land which will generate additional traffic and which requires the issuance
of a building permit or an electrical permit for recreational vehicle parks or mobile home parks
shall be required to pay a roads impact fee in the manner and amount set forth in this article.
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 or electrical permit for a recreation vehicle park or mobile home park
for any activity requiring payment of an impact fee pursuant to section 1-17-29 of this article
shall be issued unless and until the roads impact fee hereby required has been paid.
(Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 93-002, Pt. A, 2-16-93)
Sec. 1-17-29. Computation of the amount of roads impact fee.
(a) At the option of the feepayer, the amount of the fee may be determined by the following
fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount.
Road Impact Fee
Mainland
L'nit of
Land Use Type Measure Trip Rate Fee
Residential
Single family Per unit 9.20 1440
Mobile home/RV (MHP/RV park
only) Per unit 4.60 715
Multi-family 1 and 2 floors Per unit 6.70 1043
1l~ulti-family 3 floors and up Per unit 3.50 544
Supp. No. 49 909
§ 1-17-29
ST. LUCIE COLTNTY CODE
Unit of
Land Use Type Measure ~ip Rate Fee
HoteUmotel Per room 10.19 912
Bed and breakfast residence (does
not include the primary residence.
Single family unit fee must also be
assessed for the residential portion
of use.) Per room 2.00 184
All other residential Per unit 6.70 1043
Office and Financial
Medical office Per 1000 sq. ft. 54.60 2618
Financial office Per 1000 sq. ft. 202.50 2909
Other office less than 25,000 Per 1000 sq. ft. 22.16 1066
Other office 25,000-50,000 Per 1000 sq. ft. 18.58 799
Other office more than 50,000 Per 1000 sq. ft. 14.03 669
Retail trade
Under 50,000 square feet Per 1000 sq. ft. 92.00 2018
50,000-499,999 square feet Per 1000 sq. ft. 50.71 1782
500,000-999,999 square feet Per 1000 sq. ft. 32.09 1407
1,000,000 square feet and over Per 1000 sq. ft. 29.62 1294
Gasoline seruices
Service station Per pump stat 180.55 ?92
Industrial
Warehouse Per 1000 sq. ft. 4.88 436
14~uck terminals Per 1000 sq. ft. 9.85 765
General industrial Per 1000 sq. ft. 4.11 363
Institutional
School-Elementary Per 1000 sq. ft 10.72 1202
School-Middle/high Per 1000 sq. ft. 10.90 1223
Day care centers Per 1000 sq. ft. 79.62 1566
Fraternal organizations Per 1000 sq. ft. .31 20
Hospital Per bed 11.77 1106
Nursing home Per bed 2.80 242
Library Per 1000 sq. ft. 45.50 2989
Recreational
Park (city/county/state) Per acre 1.91 127
ftecreation facility-All types Per 1000 sq, ft. 3.10 199
Golf course Per hole 37.59 3705
Supp. No. 49 910
ROADS AND BRIDGES
§ 1-17-29
NORTH ISLAIVD
Unit of
Land Use Type Measure Trip Rate Fee
Resadential
Single family Per unit 7.50 1958
Mobile home/R.V (MHP/RV park
only) Per unit 4.60 1198
Multi-family 1 and 2 floors Per unit 6.70 1748
Multi-family 3 floors and up Per unit 3.50 913
HoteUmotel Per room 10.19 1518
Bed and breakfast residence (Does
not include the primary residence.
Single family unit fee must also be
assessed for the residential portion
of use.) Per room 2.00 297
All other residential Per unit 6.70 1748
Office and Financial
Medical office Per 1000 sq. ft. 54.60 1057
Financial office Per 1000 sq. ft. 202.50 1176
Other office less than 25,000 Per 1000 sq. ft. 22.16 430
Other office 25,000-50,000 Per 1000 sq. ft. 18.58 323
Other office more than 50,000 Per 1000 sq. ft. 14.03 267
Retail trade
Under 50,000 square feet Per 1000 sq. ft. 92.00 889
50,000-499,999 square feet Per 1000 sq. ft. 50.71 780
500,000--999,999 square feet Per 1000 sq. ft. 32.09 621
1,000,000 square feet and over Per 1000 sq. ft. 29.62 573
Gasoline services
Service station Per pump stat 180.55 344
Industrial
Warehouse Per 1000 sq. ft. 4.88 161
~uck terminal Per 1000 sq. ft. 9.85 287
General industrial Per 1000 sq. ft. 4.11 139
Institutional
School-Elementary Per 1000 sq. ft. 10.72 522
School-Middle/high Per 1000 sq. ft. 10.90 537
Day care centers Per 1000 sq. ft. 79.62 692
Fraternal organizations Per 1000 sq. ft. .31 14
Hospital Per bed 11.77 481
Supp. No. 49 911
§ 1-17-29
ST. LUCIE COUNTY CODE
Unat of
Land Use 7'ype Measure Trip Rate Fee
Nursing home Per bed 2.80 108
Library Per 1000 sq. ft. 45.50 1318
Recreational
Park (city/county/state) Per acre 1.91 52
Recreation facility-All types Per 1000 sq. ft. 3.10 90
Golf course Per hole 37.59 1635
FT. PIERCE ISLAND
Unit of
L¢nd Use Type Measure Trip Rate Fee
Residential
Single family Per unit 7.50 1251
Mobile home/RV (MHP/R.V park
only) Per unit 4.60 770
Multi-family 1 and 2 floors Per unit 6.70 1120
Multi-family 3 floors and up Per unit 3.50 581
HoteUmotel Per room 10.19 973
Bed and breakfast residence (does
not include the primary residence.
Single family unit fee must also be
assessed for the residential portion
of use.) Per room 2.00 188
All other residential Per unit 6.70 1020
Office and Financial
Medical office Per 1000 sq. ft. 54.60 391
Financial office Per 1000 sq. ft. 202.50 441
Other office less than 25,000 Per 1000 sq. ft. 22.16 162
Other office 25,000--50,000 Per 1000 sq. ft. 18.58 123
Other office more than 50,000 Per 1000 sq. ft 14.03 98
Retail trade
Under 50,000 square feet Per 1000 sq. ft. 92.00 332
50,000-499,999 square feet Per 1000 sq. ft. 50.71 293
500,000-999,999 square feet Per 1000 sq. ft. 32.09 233
1,000,000 square feet and over Per 1000 sq. ft. 29.62 215
Gasoline seruaces
Service station Per pump stat 180.55 135
Industrial
Supp. No. 99 912
ROADS AND BRIDGES § 1-17-29
Unit of
Land Use Type Measure Trip Rate Fee
Warehouse Per 1000 sq. ft. 4.88 61
7.4~uck terminal Per 1000 sq. ft. 9.85 108
General industrial Per 1000 sq. ft. 4.11 49
Institutional
Schooi-Elementary Per 1000 sq. ft. 10.72 196
School-Middle/high Per 1000 sq. ft. 10.90 199
Day care centers Per 1000 sq. ft. 79.62 256
Fraternal organizations Per 1000 sq. ft. .31 4
Hospital Per bed 11.77 182
Nursing home Per bed 2.80 38
Library Per 1000 sq. ft. 45.50 494
Recreational
Park (city/county/state) Per acre 1.91 23
Recreation facility-All types Per 1000 sq. ft. 3.10 31
Golf course Per hole 37.59 612
SO UTH ISLAND
Unit of
Land Use Type Measure 11~ip Rcxte Fee
Residential
Single family Per unit 7.50 2170
Mobile home/RV (MHP/RV park
only) Per unit 4.60 1328
Multi-family 1 and 2 floors Per unit 6.70 1936
Multi-family 3 floors and up Per unit 3.50 1013
HoteUmotel Per room 10.19 1158
Bed and breakfast residence (Does
not include the primary residence.
Single family unit fee must also be
assessed for the residential portion
of use.) Per room 2.00 226
All other residential Per unit 6.70 1936
Office and Financaal
Medical office Per 1000 sq. ft. 54.60 925
Financial office Per 1000 sq. ft. 202.50 1025
Otkxer office less than 25,000 Per 1000 sq. ft. 22.16 37 i
Other office 25,000-50,000 Per 1000 sq. ft. 18.58 280
Supp. IVo. 49 913
§ 1-17-29 ST. LUCIE COUNTY CODE
Unit of
Land Use Type Measure ~-ip Rate Fee
Other office greater than 50,000 Per 1000 sq. ft. 14.03 240
Retail trade
Under 50,000 square feet Per 1000 sq. ft. 92.00 774
50,000-499,999 square feet Per 1000 sq. ft. 50.71 686
500,000-999,999 square feet Per 1000 sq. ft. 32.09 543
1,000,000 square feet and over Per 1000 sq. ft. 29.62 501
Gasoline seruices
Service station Per pump stat 180.55 303
Industrial
Warehouse Per 1000 sq. ft. 4.88 134
Truck terminal Per 1000 sq. ft. 9.85 251
General industrial Per 1000 sq. ft. 4.11 120
Institutional
School-Elementary Per 1000 sq. ft. 10.72 457
School-Middle/high Per 1000 sq. ft. 10.90 473
Day care centers Per 1000 sq. ft. 79.62 600
Fraternal organizations Per 1000 sq. ft. .31 4
Hospital Per bed 11.77 422
Nursing home Per bed 2.80 97
Library Per 1000 sq. ft. 45.50 1149
Recreational
Park (city/county/state) Per acre 1.91 47
Recreation facility-All types Per 1000 sq. ft. 3.10 77
Golf course Per hole 37.59 1422
If a building is requested for mixed uses, then the fee shall be determined through using the
above schedule by apportioning the space committed to uses specified on the schedule.
(b) If the type of development activity for which a buiiding permit is applied is not specified
on the above fee schedule, the county administrator shall use the fee applicable to the most
nearly comparable type of land development on the above fee schedule. The county adminis-
trator shall be guided in the selection of a comparable type by Florida Department of
~ansportation (FDOT) and/or Institute of ~ansportation Engineers (ITE) traffic generation
statistics. If the county administrator determines that there is no comparable type of land use
on the above fee schedule, then the county administrator shall determine the fee by:
(1) Using traffic generation statistics contained in the latest edition of the Institute of
~Yansportation Engineers "~ip Generation: An Information Report," or trip genera-
tion statistics supplied and certified by a registered Florida professional engineer, and
Supp. No. 49 914
ROADS AND BRIDGES § 1-17-29
(2) Using for average trip length the average trip length of all average trip lengths for the
applicable land use type as set out in this article (i.e., residential, office and financial,
industrial, recreational, institutional, retail) that were used in calculating the above
fee schedule, and
(3) Using as a per cent new trips the average per cent new trips for the applicable land use
type (i.e., residential, office and financial, industrial, recreational, institutional, retail)
that were used in calculating the above fee schedule, and
(4) Applying the formula set forth in section 1-17-19(c) hereof.
The county administrator shall determine the applicable land use type.
In the case of a change of use, redevelopment, or modification of an existing use which
requires the issuance of a building permit, electrical permit for recreational vehicle parks or
mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net
increase in the impact fee for the new use as compared to the previous use. The county
administrator shall be guided in this determination by Florida Department of ~ansportation
(FDOT) and/or Institute of ~ansportation Engineers (ITE) traffic generation statistics.
(c) If the feepayer shall opt not to have the impact fee determined according to paragraph
(a) of this section, then the fee shall be determined by the county administrator based upon the
traffic generation rates determined by an independent traffic study (ITS), defined in section
1-17-35 of this article, prepared by the feepayer and submitted to the county administrator or
his designee.
The following formula shall be used by the county administrator or his designee to
determine the impact fee per unit:
Attrihutable travel =(Trip rate x Trip length)/2 x% New trips
New land miles = Attributable traveULane capacity
Construction cost = New land miles x Construction cost per lane mile
Right-of-way cost = New land miles x Right-of-way cost per lane mile
Total cost = Construction cost + ftight-of-way cost
Net cost = Total cost-Credits
Impact fee = Net cost-Discount
(Ord. No. 85-10, Pt.1~, 11-12-85; Ord. No. 87-58, Pt. A, 5-25-87; Ord. No. 89-66, Pt. A, 11-13-89;
Ord. No. 93-002, Pt. A, 2-16-93; Ord. No. 95-12, Pt. A, 6-27-95; Ord. No. 95-038, Pt. A, 9-19-95;
Ord. No. 97-017, Pt. A, 9-23-97)
Editor's note-Part G of Ord. No. 97-017, adopted Sept. 23, 1997, provided for an effective
dat~ of Jan. 1, 1998.
Supp. No. 49 915
§ 1-17-30 ST. LUCIE COUNTY CODE
Sec. 1-17-30. Payment of feee
(a) The feepayer shall pay the fee in cash 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 road impact fee, the board of county commissioners may
accept the offer by a developer to construct, dedicate or acquire right-of-way for, part of a road
improvement project shown in the St. Lucie County Comprehensive Plan or in the Metropol-
itan Planning Organization ftoads Impact Fee Eligibility Networks or appropriate to the
implementation thereof. Such construction must be in addition to any road improvements
required pursuant to other ordinances. In addition, the construction, dedication or acquisition
of right-of-way must only be for purposes as set out in section 1-17-31. The developer shall
submit a cost estimate certified by a registered Florida professional engineer and acceptable
to the board of county commissioners or their designee, who shall credit the cost of the
construction against the road impact fee otherwise due. The portion of the fee represented by
the road construction shall be deemed paid when the construction is com~ieted and accepted
by the county or state for maintenance or when adequate security for the completion of the
construction has been provided.
In the event the developer proposes to dedicate or acquire right-of-way, the provisions of
section 1-17-33.1(6) shall apply. The portion of the fee represented by the right-of-way
dedications or acquisitions shall be deemed paid only when the dedicated or acquired property
is officially accepted by the county or other appropriate governmental entity.
(c) If road 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.
(Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 93-002, Pt. A, 2-16-93;
Ord. No. 95-12, Pt. A, 6-27-95)
Sece 1-1?-31e Use of funds and road benefit zones.
(a) All funds collected from road impact fees shall be used solely for the purpose of capital
improvements to transportation facilities associated with the arterial and collector road
network as identified in the county's comprehensive plan or the Metropolitan Planning
Organization Roads Impact Fee Eligibility Networks under the jurisdiction of St. Lucie
County, City of Fort Fierce, City of Port St. Lucie, St. Lucie Village or the State of Florida, and
not for maintenance or operation. Such improvements shall be of the type as are made
necessary by the new development.
(b) Except as provided in paragraph (d) of this section, all funds shall be used exclusively
for capital improvements within the road benefit zone from which the funds were collPcted or
for projects in other adjacent road benefit zones which are of direct benefit to the road benefit
Supp~ No. 49 916
ROADS AND BRIDGES § 1-17-3I
zone from which the funds were collectede Funds shall be expended in the order in which they
are collected. For purposes of this article, the road benefit zones shall be as depicted in revised
figure 1.
(c) Each January the county administratar shall present to the board of county commis-
sioners a proposed capital improvement program for roads, assigning funds, including any
accrued interest, from the several special revenue funds to specific road improvement projects
and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year
shall be retained in the same special revenue funds until the ne~ fiscal year except as
provided by the refund provisions of this article.
(d) The county shall be entitled to retain three (3) per cent of all impact fee funds it collects
to offset the costs of administering and enforcing this article.
(Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 93-002, § 1, 2-16-93;
Ord. No. 95-038, Pt. A, 9-19-95)
Supp. No. 4s 916.1
Chapter 1-18
SHERIFF
Sec. 1-18-1. Required to maintain motor vehicle liability insurance.
The sheriff of the county shall maintain insurance against legal liability for the death,
injury, or disability of any person arising from or in connection with the operation of any motor
vehicle ownedy leased or operated by the sheriff of said county, or any of his employees, to the
extent of not less than one hundred thousand dollars ($100,000.00) bodily injury liability per
person; three hundred thousand dollars ($300,000.00) bodily injury liability per occurrence
and fifty thousand dollars ($50,000.00) property damage liability per accident.
(Ord. No. 77-2, § 3, 2-8-77)
State law reference-Sheriff authorized to secure liability insurance for claims growing
out of performance of duties of the sheriff or his deputies, F.S. § 30.55.
Sec. 1-18-2. Combat Auto Theft Program.
(a) Pursuant to section 316.008(6), Florida Statutes, there is hereby established a"Combat
Automobile Theft" program in the county, which shall be known as "Combat Auto Theft." Such
a program shall include:
(1) A consent form to be signed by the motor vehicle owners who wish to enroll their
vehicles; and
(2) Bright yellow decals indicating a vehicle's enrollment in Combat Auto Theft.
(b) The consent form shall:
(1) Explain the general operation of the program;
(2) F'rovide authorization for a law enforcement of~icer to stop the vehicle when it is being
driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is
conspicuously affixed to the bottom left carner of the back window of the vehicle to
provide notice of its enrollment in Combat Auto Theft;
(3) Explain the procedures which will be followed by a law enforcement officer making a
stop pursuant to the program and advise the motor vehicle owner of the proper means
by which the driver of the vehicle should cooperate with the law enforcement officer in
such instance;
(4) Provide that the owner of the motor vehicle is responsible for removing the decal when
terminating participation in the program, or when selling or otherwise transferring
ownership of the program and for notifying the county sheriff s department in writing
of such termination;
(~? Clearly provide that participation in Combat Auto Theft is strictly voluntary and may
be terminated at any time; and
Supp. I~1o. 49 957
§ 1-18-2 ST. LUCIE COUNTY CODE
(6) Include a separate statement to be signed by the owner of the motor vehicle which
indicates that the consent form has been read and understood in its entirety including
the procedures to be followed in a stop.
(c) Combat Auto Theft may be implemented upon approval of program materials and
procedures, including guidelines and procedures for making a stop of a vehicle bearing a decal,
by the sheriff and county attorney. Such program materials and procedures may be subject to
periodic review and approval by the sheriff and county attorney.
(Ord. No. 90-46, Pt. A, 11-20-90; Ord. No. 97-28, Pt. A, 9-2-97)
(The next page is 1005]
Supp. No. 49 958 ~
TAXATION § 1-19.3-74
Secs. 1-19.3-62-1-19.3-70. Reserved.
AR,TICLE VI. DISCRETIONARY SALES SUR,TAX*
Sec. 1-19.3-71. Imposition of sales surtax.
As authorized in Section 212.055(2), Florida Statutes, there is hereby imposed and levied a
one (1) per cent local government infrastructure sales surtax upon all taxable transactions
occurring within St. Lucie County; as provided in Section 212.054, Florida Statutes.
(Ord. No. 97-26, Pt. A, 8-19-97)
Sec. 1-19.3-72. Authorized surtax e~enditures.
The proceeds of the surta~c shall be expended for the purposes authorized by Section
212.055(2), Florida Statutes. The county shall expend the surtax proceeds to finance, plan and
construct roads and bridges which have a life expectancy of five (5) or more years and any land
acquisition, land improvement, design and engineering costs related thereto. The proceeds of
the surtax may be expended only for the purpose of paying fixed capital expenditures or fixed
capital costs associated with the financing, planning, and construction, reconstruction or
improvement of public facilities. The proceeds of the surtax may be pledged for the purpose of
paying principal and interest on bonds issued to finance roads and bridges and other public
facilities. The surtax proceeds shall not be used to supplant or replace user fees or to reduce
ad valorem taxes existing prior to the levy of this surtax. Neither the proceeds of the surt~ nor
any interest accrued thereto shall be used for operational expenses.
(Ord. No. 97-26, Pt. A, 5-19-97)
Sec. 1-19.3-73. Distribution of surtax.
In accordance with Section 212.055(2)(c), Florida Statutes, the proceeds of the surta~t shall
be divided and distributed among the county government and the eligible municipalities
within the county based upon an interlocal agreement or in the absence of an interlocal
agreement, by the formula provided in Section 218.62, Florida Statutes.
(Ord. No. 97-26, Pt. A, 8-19-97)
Sec. 1-19.3-74. Referendum.
(a) The surtax imposed and levied in sectipn 1-19.3-71 shall not take effect unless and until
approved by a majority of the qualified electors of the county voting in a county-wide
referendum on the surtax.
*Editor's note-Ord. No. 97-26, Pt. A, adopted Aug. 19, 1997, amended Art. VI of this
chapter in its entirety to read as herein set out. Part F of Ord. No. 97-26 provided for the
deletion of the provisions formerly set out as Art. VI, §§ 1-19.3-71-1-19.3-77, which derived
from Ord. No. 93-21, Pt. A, adopted Aug. 24, 1993, as such provisions were not approved by the
voters at election. If the provisions of Ord. No. 97-26, Pt. A, are approved at referendum on Dec.
2, 1997, such provisions shall be effective from Feb. 1, 1998 to Jan. 31, 2000, as provided in Pt.
D of said ordinance.
Supp. No. 49 1045
§ 1-19.3-74 ST. LUCIE COUNTY CODE
(b) The supervisor of elections of St. Lucie County is hereby directed to hold a referendum
on December 2, 1997, on the levy of the surtax.
(c) The supervisor of elections of St. Lucie County shall cause the ballot question
substantially in the following form to be placed on the ballot:
OFFICIAL BALLOT
A PENNY INVESTMENT FOR ST. LUCIE COUNTY'S FUTURE
Local governments in St. Lucie County propose to construct major road improvements and
other public facilities with revenues from a one cent local option sales tax on each dollar of
taxable sales occurring within the County. Ordinance No. 96-161imits the t~ to a period of
two years beginning February 1, 1998 and requires the t~ revenues be spent for roads and
other public facilities, including Midway Road and South 25th Street.
FOR the one cent sales tax
AGAINST the one cent sales t~
(d) The referendum shall be held in accordance with applicable law. -_
(e) The county is hereby authorized to take all actions necessary, to include but not limited
to, adoption of subsequent motions, resolutions and notices to place this issue for referendum
and to carry out the intent of this article.
(Ord. No. 97-26, Pt. A, 8-19-97)
Sec. 1-19.3-75. Advertisement.
The clerk of circuit court shall insure that notice of the surtax referendum shall be
advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of
publication shall be provided to the chairman of the board of county commissioners for St.
Lucie County.
(Ord. No. 97-26, Pt. A, 8-19-97)
Secs. 1-19.3-76-1-19.3-80. Reserved.
ARTICLE VII. NINTH CENT GAS TAX*
Sec. 1-19.3-81. Levy of ninth cent gas tax.
Pursuant to Section 336.021, Florida Statutes, a one cent ($0.01) gas tax is imposed upon
every gallon of motor fuel sold in St. Lucie County, and taxed under the provisions of Chapter
206, Florida Statutes.
(Ord. No. 95-25, Pt. A, 6-20-95)
*Editor's note-Ord. No. 95-25, Pt. A, adopted June 20, 1995, amended the Code by adding
a new article, Art. VII, with sections numbered 1-19.3-71-1-19.3-73. In order to avoid
duplication of section numbers, the editor has redesignated such sections as §§ 1-19.3-81-1-
19.3-83.
Supp. No. 49 1046
TAXATION § 1-19.3-83
Sec. 1-19.3-82. Distribution and use of ninth cent gas tax.
The proceeds of the ninth cent gas tax shall be distributed to the county and used to pay the
costs and expenses of establishing, operating and maintaining the county's transportation
system and related facilities and the cost of acquisition, construction, reconstruction and
maintenance of the county's road and streets.
(Ord. No. 95-25, Pt. A, 6-20-95)
Sec. 1-19.3-83. Duration of tax.
The ninth cent gas tax imposed by this article shall be effective from September l, 1995
through August 31, 2015, both dates inclusive.
(Ord. No. 95-25, Pt. A, 6-20-95)
J
[The next page is 1049]
Supp. No. 49 1047
Ordinance
Number
96-05
96-06
96-08
96-009
96-013
96-15
96-23
96-24
96-026
96-29
97-02
97-03
97-05
97-06
Supp. No. 49
CODE DISPOSITION TABLE
Subject Section
Cross connection Pt. A
control policy
Parking re- Pt. A
stricted on cer-
tain streets
Licensure of mo- Pt. A
tor carriers
Abandoned prop- Pt. A
erty, garbage, Pt. B
trash, junk and Pt. C
debris Pt. D
Licensing and Pt. A
examination of
contractors
Encourage eco-
nomic develop-
ment in the
county
Teen court, juve- Pt. A
nile assessment
center
Examination of Pt. A
contractors
Educational facil- Pt. A
ities impact fees
Bicycle safety Pt. A
Funding for juve-
nile assessment
center
Cable franchise Pt. A
ordinance
Legal aid fund Pt. A-C
Pt. D
Tourist develop- Pt. A
ment council
Disposition
1-10-35-1-10-37
1-20-17
Rpld 1-13.3-16-
1-13.3-24
Added 1-13.3-16-
1-13.3-26
1-9-16
1-9-17
1-9-18
1-9-19
2-5-2(1), (3),
2-5-4(3~(5),
2-5-9(2)g,
2-5-10(1), (2), (4),
2-5-13(1), (2), (5),
2-5-14(2),
2-5-15(1), (3), (4),
2-5-16
2-5-17(2), (3),
2-5-19(4),
2-5-21,
2-5-22
1-7-11, 1-7-12
2-5-8
1-6.5-56
1-20-61
1-5.5-6 -1-5.5-61
1-7-2-1-7-4
1-7-10
1-i9.5-22
3752.1
ST. LUCIE COUNTY CODE
Ordinance
Number Subject Section Disposition
97-14 Tourist develop- Pt. A 1-19.3-30,
ment tax 1-19.3-31
97-017 Road impact fees Pt. A 1-17-29
97-20 Municipal service Pt. A 1-13.5-5(d)
taxing or benefit Pt. B 1-13.5-7
units Pts. C, D 1-13.5-14,
1-13.5-15
97-22 Moratorium on
applications for
building and con-
ditional use per-
mits
97-25 Courts 1-7-6.5, 1-7-7
97-26 Discretionary Pt. A Added 1-19.3-71-
sales surtax 1-19.3-75
Pt. F Rpld 1-19.3-71-
1-19.3-77
97-28 Combat automo- Pt. A 1-18-2
bile theft pro-
gram
Supp. No. 49 37522
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text, of references to the state law or related matters.
FL Constitution Section this Code
~. V 1-7-1
Art. VII, § 6(b) 1-7.6-31
Art. VII, § 9(b) 1-13.5-4, 1-13.5-9
~. ~II 1-6.5-51(b), 1-11-11(b),
1-15-31(b), 1-16.3-11(b), 1-17-25
Art. VIII, § 1(~ 1-3-10, 1-6.5-51(c), 1-17-25
Art. X, § 4 1-6.8-26
F.A.C. Section this Code
Ch. 1B-2 1-11-5
Ch. 9J-5 1-16-21
Ch. 10-9 1-7.6-34(a)(1)
Ch. 10D-4 1-7.6-34(a)(3)
Ch. lOD-6 1-7.6-34(a)(3)
lOD-6.52 1-10-21(a)
Ch. lOD-10 1-7.6-34(a)(1)
Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9
lOD-66.61 1-12.5-13
Ch. 17-3 1-7.6-34(a)(3)
Ch. 17-4 1-7.6-34(a)(3)
Ch, 17-7 1-7.6-34(a)(4), 1-10-21(a)
1-10-23(a), (d)
Ch. 17-22 1-20.5-13(b)
17-550.310 1-20.5-151
17-550.320 1-20.5-151
17-555.325 1-20.5-151
17-555.520 1-20.5-151
Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38
Ch. 91-37.004 1-10.5-37
F.S. Section Section this Code
1.01(3) 1-17-1(a)
1.01(15) 1-12-26(a)
28.24 1-7-5
Ch. 2-10, Art. II(note)
30.55 1-18-i
39.01 1-6-16
Ch. 48 1-4-20(c)(4)
Ch. 50 1-2-272(b)(1)
50.041 1-2-27.2(b)(2)
50,051 1-2-272(b)(2)
Ch. 73 2-6-i
Ch. 74 2-6-1
$6-437 1-4-26
Su~p. No. 49 3827
ST. LUCIE COUNTY CODE
F.S. Section
100.211-100.291
100.342
112.061
112.08
112215
Ch. 125
125.01
125.01(e)
125.01(f)
125.01(k)
125.01(m)
125.01(n)
125.01(1)(f)
125.01(1)(j)
125.01(1)(k)
125.01(1)(m)
125.01(1)(n)
125.01(1)(q)
125.01(1)(0), (w)
125.0104
125.0104(3)(a)
125.0104(3)(g)
125.0104(5)
125.0104(8)
125.0104(10)
125.031
125.35
125.69
125.70-125.74
125,901
Ch. 129
156.601 et seq.
161.053
Ch. 163
163,3161 et seq.
163,3161-163.3211
Section this Code
2-1-2
1-19.3-75
1-6-34(d),
2-9-19,
2-15-6
2-1-31
1-14.5-21
1-7-20, 1-6.5-51(b), 1-11-11,
1-15-31, 1-16.3-11,
1-17-25, 1-19.3-54
Ch. 1-2.5(note)
Ch. 1-6.5, 1-6.5-21
Ch. 1-2.3
1-11-1
Ch. 1-10, Art. II(note),
Ch. 1-7.6, Art. II(note)
Ch. 1-2.3, Art. II
1-12.5-2
Ch. 1-11(note)
Ch. 1-15(note)
Ch. 2-6(note)
Ch. 1-9(note)
Ch. 1-17(note)
1-20-17(note)
Ch. 1-13.3, Art. II(note)
Ch. 1-17(note)
1-3-10
1-19.3-30, 1-19.3-31,
1-19.3-32(fl
1-19.3-32(c)
1-19.3-32(a)
1-19.3-32(a)
1-19.3-32(d)
1-19.3-32(a)
2-1-2
2-1-3
1-3-17(b), 1-5.5-59(c),
1-7.6-38, 1-7.8-17,
1-13.8-21
Ch. 2-1, Art. II(note)
1-6-38
1-13.5-4
1-1Q.5-21
1-7.6-53
1-6.5-52(d),
i-17-26(c), 1-19.3-5~
1-16-16, 1-16-21
1-20.56-4(3)
Supp. No. 49 3828
STATUTORY REFERENCE TABLE
F.S. Section
163.3178
163.3201
163.3202
Ch. 177
186.901
Ch. 190
190.005
Ch. 192
192.091(2)(b)2
Ch. 196
196.295
Ch. 197
197.322
197.363
197.3632
197.3635
205.171(4)
Ch. 206
Ch. 212
Ch. 212, Pt. I
212.03
212.054
212.054(2)(b)
212.055(2)
212.055(2)(c)
Ch. 214
2 i8.62
220.15(5)
235.19
235.193
Ch. 257
Ch. 286
Ch. 287
287.055
287.055(2)(j)
287.055(10)(c)
Ch. 293
Ch. 294
Ch. 316
318.006(3)
316.008
316.008(6)
5upp. No. 49
Section this Code
1-6
1-11-11, 1-15-31,
1-16.3-11, 1-16.3-12
1-6.5-52(d),1-11-11,
1-11-12, 1-15-3 1, 1-15-32,
1-16.3-11, 1-17-26(c)
1-5.5-10
1-12-22(1)
1-6.5-24
Ch. 1-6.5, Art. III, 1-6.5-21
1-19.3-54
1-13.5-10(i)(3)
1-19.3-54
1-6.5-57(b)
1-13.5-10(i)
1-13.5-10(i)
1-13.5-10(i)(6)
1-13.5-6(g), 1-13.5-7,
1-13.5-10(i), 1-13.5-11
1-13.5-6(g), 1-13.7-7,
1-13.5-10(i), 1-13.5-11
1-12-26(d)
1-19.3-41, 1-19.3-81
1-19.3-30-1-19.3-32
1-19.3-54, 1-19.3-32(b)
1-19.3-30
1-19.3-71
1-19.3-54
1-19.3-51, 1-19.3-71
1-19.3-72
1-19.3-55, 1-19.3-73
1-19.3-54
1-19.3-55, 1-19.3-73
1-19.3-55
1-6.5-51(b)
1-6.5-51(b), 1-6.5-52(c)
1-11-3, 1-11-5
1-6.8-25
1-2-41
1-2-48(b)
1-2-48(a)
1-2-45
1-7-3
1-7-3
1-13.8-19(1)(e), 1-7-12
Ch. 1-20(note)
Ch. 1-20(note)
1-18-2
3829
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
316.0261 Ch. 1-20(note)
316.121 Ch. 1-20(note)
316.189(2) 1-20-1
316.193 1-7-22(a), 1-13.3-20
316.194 1-20-16
316.1958 1-2.3-22, 1-20-26, 1-20-27
316.660 1-7-12
316.2065(3)(d), (16) 1-20-61
318.14 1-7-12
318.18(1~318.18(6) 1-7-8
318.21 1-7-12
320.0848 1-2.3-22
320.084 1-20-26, 1-20-2?
320.0842 1-20-26, 1-20-2?
320.0843 1-20-26, 1-20-27
320.0845 1-20-26, 1-20-27
Ch. 324 1-13.3-20
Ch. 327 1-7.6-38
Ch. 334-336 1-17-25
327.60(2) Ch. 1-7.6, Art. II(note)
334.03(?) 1-17-34
336.021 1-17.3-81
336.025 1-19.3-41
336.025(4) 1-19.3-42(a)
336.025(5)(b) 1-19.3-42(b)
341.102 1-13.3-17
344.03(13), (18) 1-17-34
364.3375 1-12-54
365.171(13) 1-2-2
370.08(2) 1-8-1
Ch. 380 1-6.5-52(d)
380.03 Ch. 1-16(note)
380.06 1-11-18(a), 1-15-38(a), 1-16.3-18(a)
380.06(15) 1-17-25
380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-11-11,
1-11-18(c), 1-15-32, 1-15-38(c),
1-16.3-12, 1-16.3-18(c), 1-17-26(cl
Ch. 381 1-7.6-34(a)(3)
381.031(1)(g)(3) Ch. 1-9(note)
Ch. 386 1-7.6-34(a)(3)
Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9
Ch. 401 1-12.5-1, 1-12,5-7, 1-12.5-9, 1-12.5-17
401.25 1-12.5-3
401.255(1) Ch. 1-10, Art. II(note)
401255(2)(c) 1-10-22(c)(1)
401255(2)(d) 1-10-22(c)(2)
401255(2)(g) 1-10-22(c)(5)
401255(2)(h) 1-10-22(c)(6)
Suppo No. 49 3830
STATUTORY REFERENCE TABLE
F.S. Section
401.26(2)
401.281
401.44
Ch. 403
420.9072
Ch. 471
471.023
474202
Ch. 481
481.219
481.229(1)(b)
481.319
Ch. 489
489.105(4), (5)
489.119
561.01(4)(b)
561.01(15)
Ch. 527
Ch. 562
Ch. 567
Ch. 568
Ch. 588
Ch. 616
696.05
Ch. 713
?67.10-767.14
767.11(1)
767.13
775.08
775.082
775.083
775.084
790.07
Ch. 796
806.101
Ch. 828
828.05
828.055
828.058
828.27
828.27(2)
837.06
847.07(2}
847.09(1)
847.013(4)
856.011
856.015
865,09
~ Supp. No. 43
Section this Code
1-10-22(c)(6)
1-10-22(c)(3)
1-2.5-3
1-7.6-34(a)(3), 1-13.8-19(1)(e)
Ch. 1-10.5, Art. IV
1-2-47, 2-5-3
1-2-47
2-3-31(e)
1-2-47, 2-5-3
1-2-47
2-5-3
1-2-47
1-6.8-22, 2-5-5, 2-5-20
1-6.8-22
1-2-47
1-3-5
1-3-1
2-5-3
1-7-22(a)
1-?-22(a)
1-7-22(a)
1-4-22
1-12-35
2-1-4
2-5-20
1-4-20(a)
1-4-20(c)
1-4-20(i)
1-4-26, 2-3-33, 2-6.5-16
1-4-20(g), (i), 1-6.8-23
1-4-20(g), (i), 1-6.8-23
1-4-20(i)
1-7.8-19(c)(1)
1-13.3-20
1-2.5-3
2-3-34
1-4-23
1-4-23
1-4-23
1-4-27
1-4-24(d)
1-7.8-17(p)
1-14-2
1-14-2
1-14-2
1-7-22(a)
1-7-22(a)
2-5-9
3831
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
Ch. 893 1-7-21, 1-7-22,
1-7.8-17(h), 1-7.8-19(d)
893.02 1-13.3-20
893.13 1-7-20, 1-7-22(a)
893.165 1-7-20
939.18 1-?-6.5
943.10 2-3-31(e)
943.12 1-20-26
943.25(4) 1-7-1
94325(13) 1-20-32
993.02 1-13.3-24
Laws of
Fla. Section this Code
57-1790 1-7-6
71-895 - - 1-7-6
85-255 1-7-8(a)
87-239, § 2 1-19.3-51, 1-19.3-55
[The next page is 3849]
Supp. No. 49 3832
CODE INDEX
Section
A
ABANDONMENT
Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq.
See: GAR,BAGE, TR.ASH AND REFUSE
ACCIDENTS
Airports and aircraft; regulations of vehicular traffic ........ 1-2.3-39
AD VALOREM TAX. See: TAXATION
ADMI1vISTR.ATOR. See: COUNTY ADMINISTRATOR
ADVERTISING
Advertising space renters . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . o . . . . 1-12-31
Handbill distribution regulations
Definitions . . . . . .. .. . . . .. .. . . . . . . . . .. . . .. . . .. .. .. . . . . . . . . . . . . .. . . 1-14-22
Distribution ..................................................... 1-14-2 1
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-25
Exemptions ........ .............. ........ .... .............. .... . 1-14-24
Residential premises, distribution on ........................ 1-14-23
Promotion of county, advertising for ........................... 2-2-1
Referendum on sale surtax advertisement ..... ....... ...... .. 1-19.3-75
AGED PERSONS
Occupational license taxes and regulations; exemption...... 1-12-25
AGENCIES. See: DEPAR,TMENTS AND OTHER AGENCIES
OF COUNTY
AGREEMENTS. See: CONTR.ACTS AND AGBEEMENTS
AIR BOATS
Savannahs, airboats prohibited in .............................. 2-4-1
AIR POLLUTION
Generally .............o............................................ 2-9-1
AIRPOR,TS AND AIRCRAFT
Definitions ........................................................ 1-2.3-1
Port and airport authority ....................................... 2-15-1 et seq.
See: PORT AND AIRPORT AUTHORITY
Vehicular traffic and parking
Accidents. .. . o . . .. . . . . . . . .. .. . . . . . . . . . . .. . . .. . . . . .. .. . . . . . . . .. . . . 1-2.3-39
t~irport movement area, authority to operate vehicular
traffic on . ..... .... ... ........ ........... ... .... ..... .. .... . 1-2.3-28
Certain vehicular traffic prohibited .......................... 1-2.3-25
Contractor's access and operations on airport movement
area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-41
Disabled persons, parking for ................................ 1-2.3-22
Emergency vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-36
Entry to airport movement area or restricted areas ....... 1-2.3-26
Generally .,....o...,........~ ................................... 1-2.3-17
Identification card and pouch ................................ 1-2.3-27
Supp. 1l~0. 49 3849
ST. LUCIE COUNTY CODE
Section
AIRPORTS AND AIRCR,AFT (Cont'd.)
Motor vehicle and operator licenses
Generally ..................................................... 1-2.3-2 1
Operator's license ........................................... 1-2.3-33
Occupants of vehicles .......................................... 1-2.3-37
Operations near aircraft ...................................... 1-2.3-31
Parking for certain purposes prohibited .. .... ........ ....... 1-2.3-20
Parking on airport movement area ....... .... .... ... ........ 1-2.3-38
Reckless driving ................................................ 1-2.3-34
Restricted use zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-23
Runways and taxiways, crossing ............................. 1-2.3-30
Service and repair of motor vehicles on airport movement
area ......................................................... 1-2.3-40
Stopping or parking prohibited ............................... 1-2.3-18
~vaway radio requirements ................................. 1-2.3-32
Vehicle speed ................................................... 1-2.3-24
Vehicles not to obstruct traffic .. ............... ............... 1-2.3-19
Yielding to aircraft ............................................. 1-2.3-29
ALAR,M SYSTEMS
Alarm permit
Application .............a..............e......................... 1-2.8-9
Fee-nontransferable ........................................... 1-2.5-11
Issuance ......................................................... 1-2.5-11
Required ........................................................ 1-2.5-8
Automatic dialing service
Interconnection to trunk line . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.5-4
Operating instruction service ................................. 1-2.5-5
Definitions ........................................................ 1-2.5-3
E-9 11 system .a ...............a..........,.......................,. 1-2-2
Equipment maintenance ......................................... 1-2.5-7
Excessive false alarm signals
Disbursement of service charges .............. ............... 1-2.5-14
Generally ....................................................... 1-2.5-1 2
Service charge; collection ..................................... 1-2.5-13
Law enforcement agencies and/or fire department
Direct connections to ,a ........................................ 1-2.5-6
Purpose.......e.........o...e ...................................... 1-2.5-1
Short title ......................................................... 1-2.5-1
ALCOHOLIC BEVERAGES
Alcohol and other drug abuse trust funds . .. . . . .. .. . ... . .. . . .. 1-7-20 et seq.
County property, on . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-23
Hours of sale regulated e....e .................................... 1-3-1
Supp. No. 49 3850
CODE INDEX
Section
BUILDINGS (Generally) (Cont'd.)
Swimming pools . . . . . . .. .. . . .. . . . . . . . . . . . . . . . . . .. . . . .. .. .. . . . . . . . . 1-6-61
Unsafe buildings and structures
Appropriation of expenses .. ............... ............... .. .. 2-5-44
Authority to declare buildings unsafe ................... .... 2-5-41
Enforcement proceedings .... ... ........ ... .... ..... ....... ... 2-5-45
Inspection of structures
Report ......................................e................. 2-5-42
Notice of hearing
Corrective actions ........................................... 2-5-43
Right to appear in person or by counsel before board ..... 2-5-46
V'iolations; penalties ........................................... 2-5-47
Zoning and building regulations ................................ 2-14-33 et seq.
See: PLANNING
BUSINESSES
Occupational license taxes and regulations enumerated..... 1-12-16 et seq.
See: LICENSES AND PERMITS (Occiipational license
taxes and regulations)
C
CABLE TELEVISION (Franchise)
Acceptance by transferee ...................a.................... 1-5.5-18
Annual construction report required . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicability; grant of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-27
1-5.5-9
Application for grant, renewal9 modification, transfer ....... 1-5.5-11
Changes in ownership/control ................................... 1-5.5-14
Conflict of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-20
Consent not a waiver a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-16
Construction bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-34
C~nstruction practices ..... ... ................ ............... .... 1-5.5-39
Continuity of service mandatory ................................ 1-5.5-49
County ownership authorized ................................... 1-5.5-55
Customer service requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-41
Administration of customer service . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-42
Definitions ........................................................ 1-5.5-10
Design; minimum facilities, services . . . . . . a . . . . . . . . . . . . . . . . . . . . 1-5.5-35
Discrimination prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-44
Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-23
Errors, procedure for correction ................................ 1-5.5-58
Fee and forfeiture . . . . o . . . . . . . . . . , o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-17
Fines, schedule of ................................................ 1-5.5-42
Force majeure. . . . . .. . . e . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1-5.5-60
Franchise characteristics, rights, obligations ................. 1-5.5-19
Government channels, facilities ................................ 1-5.5-37
Grant of franchise; evaluation .. .. .. .. ... . .. ........ .... .. ... .. . 1-5.5-12
Hearing rules . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-57
Indemnification ................................................... 1-5.5-3 1
Incorporation in Code........,..o ................................
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . i-5.5-7
1-5.5-32
Supp. No. 49 3854.1
ST. LUCIE COUNTY CODE
Section
CABLE TELEVISION (Franchise) (Cont'd.)
Intent, purpose ................................................... 1-5.5-8
Joint use of poles . . . . .. .. . . . . . . . . . . . .. . .. .. .. . . . .. . . .. ... . . .. .. .. . 1-5.5-28
Libraries, service to .............................................. 1-5.5-36
Nonexclusive, franchise .......................................... 1-5.5-21
Operation, relocation of franchisee's property .. .... ........... 1-5.5-25
Overlapping applications .. . . . . . .. . . .. .. .. .. .. . . . . . . . . .. . . .. .. . . . 1-5.5-22
Payments, franchise .............................................. 1-5.5-29
Performance by county upon failure of franchise .. ... ... .. .. . 1-5.5-26
Performance evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-51
Permit required, construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-40
Privacy, subscriber ...... .............. ........... ............... . 1-5.5-43
Public streets and ways, use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-24
Rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-50
R.efunds to subscribers, schedule of .. .... . . . . .. . . . .. . . . . .. .. . . . 1-5.5-42
Renewals .......................................................... 1-5.5-13
Reports, records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-30
Reservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-61
Revocation, county's right of . . .... . . . .. .. . . . .. . . . . . .. .. . . . . . .. . . _ : 1-5.5-45
Revocation, suspension, procedures for . . . . .. . .. . . .. .. .. . . . .. . . 1-5.5-46
Rights reserved to franchise .................................... 1-5.5-54
Schools, service to .............e.................................. 1-5.5-36
Security fund/corporate guarantee . . . .. .. .. . . .. . .. .. ... . ... . ... 1-5.5-33
Short title ......................................................... 1-5.5-6
Submission to county; filing ..................................... 1-5.5-56
Technical standards; construction procedures ................. 1-5.5-38
Terxnination, expiration .......................................... 1-5.5-48
Theft of services; tampering ... .......................... .... .... 1-5.5-59
Transfers of control; application, consent ...................... 1-5.5-15
CAFES
Occupational license taxes and regulations enumerated..... 1-12-37
CAMPING
Pazks and recreation
Ovemight camping regulated; permit required ............ 1-15-19
CANALS
Unlawful deposits . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-17-1
CEMETERIES
Occupational license taxes and regulations enumerated..... 1-12-34
Supp. No. 49 38542
CODE INDEX
Section
COMMUI~TITY DEVELOPMENT (Cont'd.)
Established ..................................................... 1-6.5-3 1
Initial board of supervisors ...... ...................... ... .... 1-6.5-33
Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-34
Pine Valley Community Development District
Authority for adoption of provisions . .. ... . . . . . . . . . . . . . .. . . .. 1-6.5-21
Established; boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-22
Governance by Florida Statutes .............................. 1-6.5-24
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-23
Reserve Community Development District
Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-36
Established ........... .. .. .... . .. .... .............. .. .. ..... .... 1-6.5-35
Initial board of supervisors ... ...... ....... .. .. .. . .... .. .. .... 1-6.5-37
Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-35
Special conditions .............................................. 1-6.5-38
COMMUNITY TELEVISION COMPANIES .
Occupational license taxes and regulations ................... 1-12-40
COMPENSATION PROGRAM. See: OFFICERS AND EMPLOY-
EES
COMPILED LAWS
Compilation of special acts . . a . . . . . . .. .. .. .. . . . . . . . . . . . .. . .. .. .. . 2-1-1 et seq.
COMPREHENSIVE PLAN
Provisions enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16-16 et seq.
See: PLANNING
CONSTRUCTION. See aiso: BUILDINGS
Drainage facilities, construction of .............. ... ........ ... . 2-6-1
On-site sewage disposal systems
Construction of on Hutchinson Island . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-42
Zoning and building regulations; construction permit re-
quired ......................................................... 2-14-40
CONTRACTORS
Airports and aircraft, vehicular access requirements re ..... 1-2.3-41
Licensing and examination of construction contractors...... 2-5-1 et seq.
See: BUILDINGS
Occupational license taxes and regulations ................... 1-12-38
CONTRACTORS (Unlicensed)
Appellate review .................................................. 1-6.8-27
Civil penalties; collection and recovery of ..................... 1-6.8-26
Civil penalties in citations; sehedule of . . . . . . . e . . . . . . . . . . . . . . . . 1-6.8-29
Definitions . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-22
Enforcement procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-24
Hearings; board ................................................... 1-6.8-25
Supplemental nature of provisions .. .... .. . . .... .... . ..... ..... 1-6.8-28
Uncertified/unregistered/unlicensed contractors program ... 1~6.8-21
Violations . : , o . . . . . . . . . . . . . . . . . . o ~ . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-23
Supp. No. 49 3857
ST. LUCIE COUNTY CODE
Section
CONTRACTS AND AGREEMENTS
Contracts with other governmental units ..................... 2-1-1
Criminal justice facilities, certification of contract for ....... 1-19.3-23
Deferred compensation program; execution of participation
agreements ................................................... 1-14.5-23
Design-build contracts ........................................... 1-2-45 et seq.
See: PURCHASING
Lobbyist registration and reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-61 et seq.
See: LOBBYIST REGISTRATION AND REPORTING
Local housing assistance program interlocal agreement..... 1-10.5-44
Municipal service taxing unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.5-9
Ordinances and resolutions not affected by Code ............. 1-1-3
Purchasing, provisions re. See: PURCHASING
St. Lucie County erosion district; contract .................... 2-6-32
Street lighting district; contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-19
CORPORATIONS
Persons defined to include ....................................... 1-1-2
COUNTY ADMINISTRATOR
Duti es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1-17
Employment authorized ......................................... 2-1-16
Payments declared to be for county purpose .. . ... . .. .. . .. . . . . 2-1-18
COUNTY COMMISSIONERS
Allowance to board members for travel . . .. . .. .. . .. .. . e . .. . .... 1-14.5-1
Educational facilities impact fee review ....................... 1-6.5-61
COiJNTY TOURIST DEVELOPMENT COUNCIL. See: TOUR-
ISM
COURTS
Alcohol and other drug abuse trust fund
Authority for enactment of article ........................... 1-?-20
Creation of fund; accounting . .. . .. ... .. . . .. . . . . .. . . . .. ... . .. .. 1-7-22
Defmitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-21
Expenditures ................................................... 1-7-23
Circuit court
Civil division charges and costs .. .. . .. .. . . .. .. .. . .. . . . .. . .. . . 1-7-4
Civil division service charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-?-2
Probate and guardianship division service charges ........ 1-7-3
Court facilities; additional court costs for, assessment of.... 1-7-6.5
Court facility funds, disposition o£ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-7
Disposition of legal aid fund . .. ... .. . . .. .. .. . . . . .... . .. .. .. . . .. . 1-7-10
Juvenile assessment center; assessment ....................... 1-7-11
Law enforcement training additional costs for ...:............ 1-7-1
Law library funds, disposition of .. . . .. .. . . .. . . . . .. . . . . . . .. . . . . . 1-7-6
Mediation-arbitration fund, disposition of . . . . . . . . . . . . . . . . . . . . . 1-7-9
Service charges other than those fixed by provisions ..... ... 1-7-5
Teen court; assessment . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-12
Supp. No. 49 3858
CODE INDEX
Section
DRAINAGE AND EROSION CONTROL (Cont'd.)
Legal investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-28
Nature . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .. . . .. . . ... . .. . . . .. . . . 2-6-27
Notice prior to issuance ..................................... 2-6-26
Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-27
Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-20
Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-32
Conveyance of property to district
Advance of expenses ....... ................................. 2-6-33
Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-19
Definitions ...................................................... 2-6-18
Departments, authority to create ............................ 2-6-34
District board's powers ........................................ 2-6-22
Effect of other laws . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . .. .. . . .. . . . . . . 2-6-38
Governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-21
Intent . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-17
Legislative findings
Division into zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-23
Maintenance .................................................... 2-6-3 1
Property exempt from judgments . .... .. .. .... .... ... .... .... 2-6-35
Public function essential
Exercise of powers constitutes ... .. .. ...... ................ 2-6-37
Purpose ......................................................... 2-6-17
15t1e ............................................................. 2-6-16
St. Lucie River (North Fork)
Applicability of provisions . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. . . . 1-7.5-25
Destruction of certain types of vegetation
Permit required for .......................................... 1-7.5-22
Findings; purpose of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 1-7.5-21
Management and conservation practice plan
Approval required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-24
Submission by applicant required . . . . .. . . . . . . . . . . . . . . . . . . . 1-7.5-23
Vegetation, certain types of
Permit required to destroy ................................ . 1-7.5-22
~olations
Failure of owner to restore property
Restoration by county; cost to become lien on property 1-7.5-29
Penalties . . . . . . . . . . . . . . . o . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7.5-27
Remedies, additional ........................................ 1-7.5-28
Work done in violation of provisions
Power of building department to order cessation ........ 1-7.5-26
DRIVE-IN THEATERS
Occupational license ta~ces and regulations . . . . . . . . . . . . . . . . . . . 1-12-47
DROUGHT PREVENTION MEA,SURES
Water shortage plan. . a . . . e . . . ~ . . . . . . . e . . . . . . . . . . . . . . . . . . o . . . . . . . . 1-20.5-35
et seq.
See: WATER AND SEWER,S
Supp. No. 49 3g61
ST. LUCIE COUNTY CODE
Section
DRUGS
Alcohol and other drug abuse trust fund .. .. .. .. .. . .. . . . . .. . .. 1-7-20 et seq.
See: COUR,TS
E
E-911 SYSTEM
Budget ............................................................. 1-2-2(d)
Collection of fee; payment of administrative fee for collection 1-2-2(e)
Indemnification .........e ......................................... 1-2-2(~
Local option fee ................................................... 1-2-2(b)
Public purpose ................e................................... 1-2-2(a)
Separate fund ..................................................... 1-2-2(c)
EATING ESTABLISHMENTS
Alcoholic beverages
Waiver provisions for business selling or transferring
alcoholic beverage as accessory to an eating place .... 1-3-4
Occupational license taxes and regulations ................... 1-12-37
ECONOMIC DEVELOPMENT AD VALOREM TAX
Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . , . . . . . . . . . . . . . . . . . . . 1-19.3-51
et seq.
See: TAXATION
EDUCATIONAL FACILITIES IMPACT FEE. See: COMMU-
NITY DEVELOPMENT
ELECTIONS
fteferendum re sale surt~ . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-74
St. Lucie County mosquito control district; bonds
Election . . . . . . . . . . . . e . , . . . . . . e . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-33, 2-9-34
ELECTRIC POWER PLANTS
Occupational license taxes and regulations ................... 1-12-40
EMERGENCIES
Airports and aircraft, provisions re emergency vehicles ..... 1-2.3-36
Emergency medical transport services.... o .................... 1-12.5-1 et seq.
See: LIFE SUPPORT SERVICES
Licensing and examination of construction contractors
Certificate of competency
Temporary suspension during a hurricane, tornado or
other disaster ....o..o.,....a.......e .................... 2-5-22
Water shortage plan; declaration of emergency ............... 1-20.5-39
Supp. No. 49 3862
CODE INDEX
Section
FISH AND GAME (Cont'd.)
St. Johns River
Use of seines ................................................... 2-7-4
Surf fishing
Beaches ......................................................... 1-15-25
FISH PEDDLERS
Occupational license t~es and regulations ................... 1-12-30
FLEA MARKETS
Occupational license taxes and regulations ................... 1-12-59
FLORICULTUR,AL PRODUCTS
Occupational license t~es and regulations ................... 1-12-27
FLUORIDATION
Fluoridation of water system e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-50,
1-20.5-51
See: WATER AND SEWERS
F'OOD AND FOOD SERVICES. See also: EATING ESTAB-
LISHMENTS
Selling or vending food and drink, etc.
County property, on ............................................ 1-15-24
See: PARKS AND RECREATION
FORTUNE-TELLERS
Occupational license taxes and regulations ................... 1-12-42
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Cable television . .. .. . . . . . . .. .. . o . . . . . . . . . , . . .. . . .. . .. . . . . .. . . .. . . . 1-5.5-1 et seq.
Garbage, trash and refuse; franchises
Collection and disposal....,e .................................. 2-8-4
Ordinances and resolutions not affected by Code ............. 1-1-3
G
GAMBLING
Not authorized . . . . . . . . . . . . . . e . . . . . . . ~ . . . . . . : . . . . . . . . . . . . . . . . . . . . . . 1-12-24
GAME. See: FISH AND GAME
GAMES AND CONTESTS
Beaches, on .. . . .. . . .. . . . . . . .. . . . . . . . . : . . . . . . . . . . . . . ... . . .. . . . . .. . . . 1-i5-25
GAR.BAGE, TRASH AND REFUSE
Abandoned property, garbage, trash, junk and debris
Definitions,o.eo....o.ee ......................................... 1-9-16
Property
Private, in or on .........o ................................... 1-9-19
Public, in or on . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9-17
Roads or public lands, in or on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9-i7
Waters, public; in or on ...................................... . 1-9-18
Authority to collect fees from users of landfill ................ 1-9-1
Sup$. I~o. 49 3865
ST. LUCIE COUNTY CODE
GARBAGE, TRA~H AND REFUSE (Cont'd.)
Collection and disposal franchises ..............................
Collection and disposal services, authority to create ..... ....
Collection permits
Application ......................................................
Notice of ........................................................
Form of .......................................................
Issuance of ...................................................
Nontransferability ...........................................
Notice of application ........................................
Renewal ......................................................
Requirement for .............................................
Revocation ....................................................
Rules and regulations .......................................
Disposal sites, authority to designate
Prohibited accumulations .....................................
Fees
Authority to collect from users of landfill site . . . . . . . . . . . . . .
Franchises
Collection and disposal ........................................
Incinerator units, disposal or .................... ... ........ ... .
Landfill site
Authority to collect disposal fee from users . . . . . . . . . . . . . . . . .
Rules and regulations .........................................
Mandatory disposal -
Defmitions ......................................................
Findings and statement of intent . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited acts .................................................
ftemedies ........................................................
R.evocation of certain permits .. ...................... ........
Solid waste, mandatory disposal required ..................
1~tle and authority .............................................
Violations and penalties .......................................
Section
2-8-4
2-8-1
1-9-21
1-9-21
1-9-23
1-9-22
1-9-26
1-9-22
1-9-25
1-9-20
1-9-24
1-9-27
2-8-2
1-9-1
2-8-4
2-8-3
1-9-1
1-9-2
1-9-30
1-9-29
1-9-32
1-9-34
1-9-35
1-9-31
1-9-28
1-9-33
Supp. No. 49 3866
CODE INDEX
Section
MOTOR VEHICLES (Cont'd.)
Motorized vessels on lakes and ponds in unincorporated
areas .......................................................... 1-14-3
See: BOATS AND WATERWAYS
Public beaches; authority to regulate use of motor vehicles. 2-12-1
~affic regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-1 et seq.
See: TRAFFIC
Unserviceable vehicles
Abandoned property, garbage, trash, junk and debris ..... 1-9-16 et seq.
See: GAR,BAGE, TRA.SH AND REFUSE
MOVING PICTURE SHOWS
Occupational license taxes and regulations enumerated..... 1-12-47
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS
Annual municipal services taxing unit t~es .................. 1-13.5-10
Authorized ........................................................ 1-13.5-1
Bonds, notice of intent to issue ................................. 1-13.5-14
Budget adoption; taxing units .................................. 1-13.5-4
Contracts .......................................................... 1-13.5-9
County authorized to advance necessary e~enses .. . . . . . . . . . 1-13.5-12
County engineer
Proceeding subsequent to hearing ........................... 1-13.5-8
Creation of units ................................................. 1-13.5-5
Authorized ...................................................... 1-13.5-i
Procedure for creation of municipal service benefit units
Information meeting ........................................ 1-13.5-7(c)
Initial hearing ............ ........ .... ....................... 1-13.5-7(a)
Project report and preliminary assessment roll.......... 1-13.5-7(b)
Second public hearing ....................................... 1-13.5-7(d)
Procedure for creation of municipal service taxing units
Public hearing ............................................... 1-13.5-6(a)
Resolution creating taxing unit ............................ 1-13.5-6(b)
Dissolution of units ................. ................. .... ........ 1-13.5-15
Goveming body ................................................... 1-13.5-2
Powers ............................................................. 1-13.5-3
Special assessments; collection
Alternate method of financing improvement ............... 1-13.5-11(e)
Assessment roll sufficient evidence . . . . . . . . . . . . . . . . .. . . .. .. .. 1-13.5-11(g)
Certificate of indebtedness ...... ....... ........ ... .... .... ... . 1-13.5-11(c)
Issuance ...................................................... 1-13.5-11(d)
Defaults ......................................................... 1-13.5-11(~
Method of payment ... ... ........ ........... .... .............. . 1-13.5-11(a)
Optional method of collection ................................. 1-13.5-11(i)
Payments ....................................................... 1-13.5-11(h)
Priority of lien, i~nterest, method of payment ... .... .... .. .. 1-13.5-11(a)
Valid assessment to be made .. . . .. . . .. .... . .. . ... .... . . . .... . 1-13.5-11(b)
Supplemental, provisions deemed as ........................... 1-13.5-13
Supp. Noe 49 3876.1
ST. LUCIE COUNTY CODE
Section
N
NEGLECT
Parental neglect ....e...,......e .................................. 1-6-16 et seq.
See: MINORS
NET
Indian River
Length of nets restricted; marking .......................... 1-8-1
NINTH CENT GAS TAX
Provisions enumerated . . . . . . . . . . . . . e . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 149.3-81
et seq.
See: TAXATION
NOISE
Noise control
Definitions ...................................................... 1-13.8-16
Excessive, unnecessary, etc., noises prohibited . . . .. . . .. . . . . 1-13.8-1
Exemptions ...........o ......................................... 1-13.8-19
Penalties ........................................................ 1-13.8-2 1
Special permit; application for , . . . . . . . . e . . . . . . o . . . . . . . . . . . . . . 1-13.8-20
Use districts
Classification..,.....o ................e.....o..,.......e...... 1-1 3.8-1 7
Maximum permissible sound level .. . . . ... . o .. . . .. . ... ... . 1-13.8-18
~olations generally .........................e.................. 1-13.8-1
Railroads; use of audible warning signals . . . . . . . . . . . . . . . . . . . . . 1-16.5-1
Supp. No. 49 3876.2
CODE INDEX
Section
STREET AND HOUSE NAMING AND NUMBERING
Authority for naming and numbering streets .. . . . . . . . . . .. . .. . 1-17-57
Centerlines established . . .. . .. . . .. . . .. .. .. . . . . .. . . .. . . . . . . .. . . .. . 1-17-51
Continuity of names .............................................. 1-17-55
Cooperation by municipality . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 1-17-65
Curvilinear and circuIar street names and numbering ...... 1-17-56
Definitions ........................................................ 1-17-50
Designation of streets, avenues, etc . ........................... 1-17-52
Firearms, use prohibited in certain areas ...... .... ........... 1-7.8-126
Housing and building numbers
Duty of owner for placement ................................. 1-17-60
Generally; addressing grid .................................... 1-17-59
Placement required prior to issuance of certificate of
occupancy . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-61
Implementation ................................................... 1-17-64
Measurement ..................................................... 1-17-62
New subdivisions, application of system...__ ................... 1-17-63
No duplication of name . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . 1-17-54
Numeric street identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-53
Provisions enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-50 et seq.
See: STREET AND HOUSE NAMING AND NiJMBER-
ING
Street identification signs . . . . . . . .. .. . . .. . o .. . . .. .. .. .. . . .. . . . .. . 1-17-58
STREETS AND SIDEWALKS
Roads and bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-1 et seq.
See: ROADS AND BRIDGES
Sidewalks
Defined......e .....................................e............. 1-1-2
Streets
Defined .........................o..........o...e................. 1-1-2
SUBDIVISIONS
Flood protection regulations and restrictions ................. 2-14-20
Generally.o............e ........................................... 2-14-16 et seq.
See: PLANNING
SURF FISHING
Beaches.,~.e ....................o........,.......~.................
SLTRFING
Beaches,..~...,.......e.........e...........a....o .................
SWIMMING
Beaches,..,~ .................~.,..a..e...~.......o.................
SWIMMING POOLS
Fencing
Required ,.,,,......e..~......o........~,......~ .................
Waiver firom requirement . ~ . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . .
Supp. IVo. 49 3887
1-15-25
1-15-25
1-15-25
1-5-61
1-5-62
ST. LUCIE COUNTY CODE
T
TAXATION
Section
Beach preservation act; taxation ............................... 2-12-29 et seq.
See: PARKS AND RECREATION
Children's services; ad valorem taXes . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-36
Discretionary sales surtax
Advertisement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-75
Authorized surtax expenditures .............................. 1-19.3-72
Distribution of surt~ ........... ......................... . .... 1-19.3-73
Imposition of sales surtaac ....................... ...... ... ..... 1-19.3-71
Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-74
Economic development ad valorem tax exemptions
Appe als . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-61
Application generally .......................................... 1-19.3-56
Definition of terms ............................................. 1-19.3-55
Eligible business or industry .......... ........... .... ....... . 1-19.3-59
Enactment and authority .............. .. ..................... 1-19.3-52
Fees ............................................................. 1-19.3-58
Ineligible business or industry ............ ........... ........ 1-19.3-60
Jurisdiction ..................................................... 1-19.3-53
Procedure .............. .................................... .. .. . 1-19.3-57
Purpose and intent ............................................ 1-19.3-54
Short title ....................................................... 1-19.3-51
Libraries impact fees .. .......................................... 1-11-11 et seq.
Local option gas tax
Distribution of .................................................. 1-19.3-42
Duration of ..................................................... 1-19.3-43
Levy of ....................................... ........... ........ 1-19.3-41
Municipal service taxing or benefit units ...................... 1-13.5-1 et seq.
See: MLTNiCIPAL SERVICE TAXING OR BENEFIT iTNITS
Ninth cent gas tax
Distribution ..................................................... 1-19.3-82
Duration ........................................................ 1-19.3-83
Levy ..... ... .. .. . . .. . . . .. .. .. .. .. . ... . . . .. . . . . . . . .. .. .. ... .. . .. . . 1-19.3-81
Ordinances and resolutions not affected by Code ............. 1-1-3
Pazk impact fee ................................................... 1-15-31 et seq.
Public buildings impact fee ...................................... 1-16.3-11
et seq.
Tourist development tax . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-30
et seq.
See: TOURISM
Zoning and building regulations; taxation ..................... 2-14-42
TAXICABS. See: MOTOR CARRIER,S
TELEPHONE SYSTEMS
E-911 system ...................................................... 1-2-2
Occupational license t~es and regulations enumerated..... 1-12-54
TELEVISION
Cable television (franchise).o...o ................................ 1-5.5-1 et seq.
Supp. No. 49 3888
CODE INDEX
Section
TELEVISION (Cont'dJ
Community television companies
Occupational license t~es and regulations enumerated .. 1-12-40
TENANT
Defined ............................................................ 1-1-2
TENT SHOWS
Occupational license tax and regulations ...................... 1-12-35
THEATERS
Occupational license ta~c and regulations ...................... 1-12-47
THEFT
Combat automobile theft program .............................. 1-18-2
TOURISM
Tourist development council
Composition ............................... .. ................. 1-19.5-22
Create d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19. 5-21
Duties and powers . . . . . .. . . . . .. . . . . . . .. . . . . . . . . .. .. .. .. . . . . . .. . 1-19.5-23
Members
Appointment of .............................................. 1-19.5-2 1
Qualifications ............................. ....... ............ 1-19.5-22
Terms ......................................................... 1-19.5-21
Powers and duties ............................................. 1-19.5-23
Tourist development tax
Levy . ... ............ .. . ... ............ ........................... 1-19.5-30
Local administration of tax . . . . . . . . . .. . . .. . . . . .. .. .. . . . . . . . .. . 1-19.3-32
Plan for tourist development ................................. 1-19.3-31
TRAFFIC
Airports and aircraft
Regulation of vehicular traffic and parking .. .......... ..... 1-2.3-17 et seq.
See: AIRPORTS AND AIRCR.AFT
Animals; transporting in vehicle requirements ....... .... ... . 1-4-23(e)
Bicycle helmet law exemption for persons under 16 ...... ... 1-20-61
Building and equipment moving; safety requirements....... 1-17-45
Gentile Road
Use of portion of restricted . ... . . . . . ... . . . . . . .. . .. .. . . . .. . . . . . 1-20-4
Hunting from county roads restricted ..... .. ............... .... 1-20-2
Moving violation penalty surcharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-5
Operation and parking of motor vehicles on county property 1-15-22
Ordinances and resolutions not affected by Code ............. 1-1-3
Parking, stopping and standing
County property, on.. . o ...... .... .... ... ........... .. .. . ... . ... 1-15-22
Handicapped, fire lanes, properties owned or leased by
county, road rights-of-way owned or leased by state
Civil penalties
Enumerated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-32
Procedures governing payment .......................... 1-20-33
Definitions . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-26
1-20-31
Supp. No. 49 3£i89
ST. LUCIE COUNTY CODE
Section
TRAFFIC (Cont'd.)
Fire lanes, parking in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-28
Handicapped persons, public parking spaces for ........ 1-20-27
Jurisdiction .................................................. 1-20-34
Property owned or leased by county, regulation of park-
ing in .... ........... ...................................... 1-20-29
Road rights-of-way owned or leased by state, regulation
of parking on ............................................ 1-20-30
Heavy vehicles and equipment in residential districts
Commercial vehicles and semitrailers prohibited or re-
stricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-42
Conformity with existing ordinances . . . . . . . . . . . . . . . . . . . . . . 1-20-48
Construction vehicles; emergency repairs ................ 1-20-43
Defmitions ................................................... 1-20-41
Delivery vehicles; emergency repairs ...... .... ....... .... 1-20-43
Industrial equipment prohibited or restricted ........... 1-20-44
Permits ..................... ... .......................... ..... 1-20-45
Recreational vehicles, exemption for . . . . . . . . . . . . . . . . . . . . . . 1-20-47
Superseding county ordinances and state laws, applica- -
tion of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-46
Illegally parked vehicles, ticketing of
Effect of failure to pay ticket or appear for hearing,
evidence of violation .............. ...................... 1-20-18
Parking for longer than specific times restricted
Removal of vehicles . .. . . .. .. .. .. .. .. .... . . .. . . . .. .. .. .. .. .. . 1-20-16
Parking restricted on certain streets ........................ 1-20-17
Roads and bridges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-1 et seq.
See: ROADS AND BRIDGES
Speed limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-1
Standing. See herein: Parking, Stopping and Standing
Truck weight limits established for certain roads ............ 1-20-3
TRASH. See: GARBAGE, TRASH AND ftEFUSE
TRAVELING SHOWS
Occupational license t~ and regulations. . e . .. . . . .. . .. .. .. .. .. 1-12-35
TREES. See: VEGETATION
TROPICAL FISH FARM PRODUCTS
Occupational license taar and regulations ...................... 1-12-27
TROPICAL PISCICULTURAL PRODUCTS
Occupational license ta~c and regulations . e . . . . . . . . . . . . . . . . . . . . 1-12-27
Supp. No. 49 3890