HomeMy WebLinkAboutSupplement No. 72: 12-2005
SUPPLEMENT NO. 72
December 2005
CODE
County of
ST. LUCIE, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 05-037, enacted October 11, 2005.
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807, 808 807, 808
871, 872 871, 872
918.1-918.3 918.1-918.3
1039-1040.1 1039-1040.1
3752.11 3752.11
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Title page OC 73, 74 24
iii OC 75, 76 26
v, vi OC 77, 78 24
vii, viii OC 79, 80 24
ix, x 70 83, 84 55
xi, xii 71 85, 86 55
xiii, xiv 71 87, 88 55
~ 71 89, 90 55
1, 2 OC 91, 92 55
3, 4 OC 107, 108 32
55, 56 64 109 32
57, 58 61 111, 112 19
58.1 61 113, 114 19
59, 60 66 115 19
61, 62 66 157, 158 41
63, 64 66 159, 160 66
65, 66 66 160.1 66
66.1, 662 66 161, 162 38
66.3, 66.4 66 163, 164 41
66.5, 66.6 66 165, 166 41
67, 68 30 167, 168 55
69, 70 64 168.1, 168.2 62
70.1, 702 64 169 62
71, 72 24 170.1, 1702 56
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171, 172 52 296.7, 296.8 63
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175, 176 52 296.11, 296.12 70
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181, 182 51 296.15 70
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185, 186 51 299, 300 39
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215, 216 51 371 25
217, 218 51 373, 374 56
219 51 375, 376 70
221, 222 49 377, 378 56
223, 224 49 379, 380 56
225 49 380.1, 3802 56
261, 262 58 380.3, 380.4 56
263, 264 58 380.5, 380.6 57
265, 266 58 380.7, 380.8 66
267, 268 59 380.9, 380.10 66
269, 270 59 381 56
271, 272 59 383 29
285, 286 70 421, 422 51
287, 288 70 422.1 51
288.1 63 423, 424 44
289, 290 67 425, 426 44
291, 292 71 427 44
293, 294 67 431, 432 29
294.1, 2942 67 433, 434 66
295, 296 60 435, 436 66
296.1, 296.2 60 437, 438 66
296.3, 296.4 60 439, 440 66
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857, 858 71 1035, 1036 70
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Supp. No. 72 (6]
Chapter 1-13.5
MUNICIPAL SERVICE TAI~~NG OR BENEFIT LTNITS*
Sec. 1-13.5-1. Creation-Authorized.
Pursuant to Chapter 125, Part I, Florida Statutes, and other applicable provisions of law,
municipal service taxing units ("MSTU") or municipal service benefit units ("MSBU") may be
established in unincorporated areas of the county under the provisions of this chapter for the
purpose of providing fire protection, law enforcement, beach erosion control, recreation
services and facilities, water, streets and roads, sidewalks, garbage and trash collection and
disposal, waste and sewage collection and disposal, drainage, transportation, and other
essential facilities and services. The cost of these improvements or services may be paid in
whole or in part from funds derived from fees, service charges, special assessments, or taxes
or other charges levied within such units and the cost of the improvements may also be paid
in whole or in part from the proceeds of bonds issued for such purposes. Subject to the consent
by ordinance of the governing body of the affected municipality given either annually or for a
term of years, the boundaries of an MSTU or MSBU may include all or part of a municipality.
The boundaries of an MSTU or MSBU may be non-contiguous.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-45, Pt. A, 5-3-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
No. 95-14, Pt. A, 6-6-95; Ord. No. 05-032, Pt. A, 9-20-2005)
Sec. 1-13.5-2. Governing body of municipal service taxing or benefit units.
The board of county commissioners of St. Lucie County (the "board") shall be deemed to be
the governing body of each taxing or benefit unit created pursuant to this chapter. References
to the board of county commissioners or to municipal service taxing or benefit units herein
shall be deemed to include both, as appropriate.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-45, Pt. A, 5-3-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
No. 95-14, Pt. A, 6-6-95)
Sec. 1-13.5-3. Powers of taxing or benefit units.
(a) Each of the taxing or benefit units created pursuant to this chapter shall have the power
to levy and collect ad valorem taxes and special assessments, to set and collect rates, fees, and
charges, to contract, to borrow and expend funds, to issue bonds, certificates of indebtedness,
revenue certificates, and other obligations or indebtedness, and to exercise any other power as
may be granted by general or special law. Each taxing or benefit unit is authorized to enter into
contracts with private persons or firms or with municipalities, counties and other units of
government for the purpose of providing the taxing or benefit unit with any or all of the
*Editor's note-Ordinance No. 87-4, Pt. A, enacted Feb. 24, 1987, amended former Ch.
1-13.5 in its entirety to read as set out herein. Former Ch. 1-13.5 contained provisions
numbered 1-13.5-1-1-13.5-5, which pertained to similar subject matter and derived from Ord.
No. 83-02, Pt. A, adopted May 3, 1983, and Ord. No. 83-07, Pt. 1, adopted Oct. 4, 1983.
Supp. No. 72 71~
§ 1-13.5-3 ST. LUCIE COUNTY CODE
services the unit is established to provide. The county, acting through its board of county
commissioners, may exercise the foregoing powers on behalf of any MSBU or MSTiJ created
hereunder.
(b) The board may provide for the payment of a part or all of the costs of constructing and
operating any improvements or the provision of services under this chapter by levying and
collecting special assessments on the abutting, adjoining, contiguous or other property
specially benefitted by the improvements or services provided herein and by issuing bonds
payable from the proceeds of such assessments.
(c) Special assessments against property deemed to be benefitted by improvements or
service as provided in this chapter shall be assessed upon the property specially benefitted by
the improvement or service in proportion to the special benefits to be determined and prorated
according to the foot frontage or square footage of the respective properties specially benefitted
by said improvement or service, according to the equivalent residential unit or trip generation
method, or according to such other lawful method, including ad valorem valuation and service
charges, as the board may prescribe by resolution.
(d) The board may establish such administrative procedures as it deems appropriate or
necessary to effect the purpose and intent of this chapter.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 88-45, Pt. A, 5-3-88; Ord. No. 94-11, Pt. A, 5-3-94; Ord.
No. 95-14, Pt. A, 6-6-95; Ord. No. 05-032, Pt. A, 9-20-2005)
Sec. 1-13.5-4. Budget adoption-Taxing units.
Each year any taxing unit created pursuant to this chapter shall adopt an annual budget
according to the requirements of Chapter 129, Florida Statutes. The board of county
commissioners of St. Lucie County thereafter may cause such millage to be levied against all
lawfully taxable property within said unit as is suf~`icient to raise the budget. All funds so
raised shall be used solely for the expenses of the taxing unit. Proper accounts and records
shall be kept at all times.
(Ord. No. 87-4, Pt. A, 2-24-87; Ord. No. 95-14, Pt. A, 6-6-95)
Sec. 1-13.5-5. Creation of units.
(a) The board of county commissioners, upon its own motion or upon written petition by a
majority of the affected property owners, shall determine whether creation of a proposed
municipal service taxing or benefit unit may be of benefit to the residents of and/or the real and
personal property located within the boundaries of such proposed unit.
(b) Property owners, as referred to in this chapter, shall include any persons, firm,
partnership, corporation, trust, or other legal entity holding title to any property which would
be liable for special assessments hereunder if said special assessment were made. The
requirements for a majority of such property owners, as provided below, shall mean no less
than (a) fifty-one (51) per cent of the owners in number and, where the assessment against
each owner is substantially equal or, (b) the owners of lands liable for fifty-one (51) per cent of
the assessment where the proposed assessment against each owner is not substantially equal.
Supp. No. 72 716
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-6
For purposes of this section, substantially equal means a variance between the highest and
lowest assessment of not more than twenty (20) per cent.
(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 form 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 suff'iciency 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.
No. 95-14, Pt. A, 6-6-95; Ord. No. 97-20, Pt. A, 7-15-97)
Sec. 1-13.5-6. Procedure for creation of municipal service taxing 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
Supp. No. 72 717
§ 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 municipal service benefit units.
(a) Initial hearing. Upon receipt of a petition that complies with this chapter to create an
MSBU, the county engineer shall submit the petition to the board and shall request perxnission
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 benefitted 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 improvements or services
would be of benefit to the real and personal property within the boundaries of the proposed
Supp. No. 72 718
MUNICIPAL SERVICE TAXING 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) The improvements or services to be provided in the unit.
(4) The method of assessment approved by the board.
(b) The county will make its best efforts to determine whether a parcel or lot is buildable.
However, it shall ultimately be the owner's sole responsibility to notify the county if the
determination may be in error.
(c) Project report and preliminary assessment roll. Upon receiving authorization to proceed
with the project, the county engineer shall 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.
(d) 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
Supp. No. 72 719
§ 1-13.5-7 ST. LUCIE COLTNTY CODE
assessment applicable to the property to be assessed, provided, however, that in lieu of an
informational 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.
(e) Second public hearing. Upon completion of the preparation of 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 tax 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 services, 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
Supp. No. 72 720
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-7
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 interest
shall be added or equal installments of principal and interest shall also be entered and shown
upon said assessment roll.
At the time and place named in the published notice, or to which and adjournment may be
taken, the board shall receive any objections of interested persons, and may then, or thereafter,
repeal or confirm the resolution, with such amendments, if any, as may be desired by the board
which do not change the location of the improvement or improvements, nor increase the
estimated and probable cost thereo£ Any objections not made at the hearing shall be
considered as waived, and if any objections made shall be overruled and not sustained, the
confirmation of the resolution shall be construed to be the final adjudication of the issues
presented unless action for relief shall be filed by the objector or objectors to such confirmation
in a court of competent jurisdiction within thirty (30) days from the date of such confirmation.
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 taxes, 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, (iv) state when the
assessments are to be paid, and (v) state that pursuant to Section 197.3632, Florida Statutes,
notices of the public hearing have been sent by first-class mail to each person owning property
subject to the assessment as set forth in an attached affidavit executed by the county engineer
or his designee. The resolution shall also (i) designate the lands upon which the special
assessment shall be levied and (ii) state the total estimated costs of the improvement or annual
Supp. No. 72 721
§ 1-13.5-7 ST. LUCIE COUNTY CODE
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 expense necessary or proper to any of the foregoing.
(f) The board of county commissioners may combine the two (2) public hearings.
(g) Upon completion of the project and approval of the final assessment roll, any credits due
shall be credited and/or paid to the owner of record as defined by the property appraiser's
current tax roll as follows: (i) if the assessment amount has been paid in full, the owner shall
receive a monetary refund if the minimum amount of refund exceeds twenty-five dollars
($25.00), or (ii) if the assessment has not been paid, a) refund shall be used to lower the
assessment amount either by reducing the assessment amount and adjust the annual payment
amount, or b) to be applied to redeem bonds, or c) as determined by the board.
(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; Ord. No. 98-11, Pt. A, 4-7-98; Ord. No.
05-032, Pt. A, 9-20-2005)
Sec. 1-13.5-8. Proceedings by county 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. 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. 1-13.5-9. 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 taging unit tages.
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 furnishing 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
Supp. No. 72 722
MUNICIPAL SERVICE TAXING OR BENEFIT LTNITS § 1-13.5-11
taxes shall be extended and collected at the same time and in the same manner as county taxes
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. 1-13.5-11. Special assessments; collection.
(a) Priority 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) the 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 Tax Collector as provided by the board.
(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
Supp. No. 72 723
§ 1-13.5-11 ST. LUCIE COLTNTY CODE
has been made, the date thereof, the name of the fee simple owner of record and such further
infornaation 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 thereof. 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 shall bear interest at a rate
not greater than the maximum 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 may be paid to him in his capacity as clerk or assistant clerk.
(e) Alternate method of financing improvements. 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 manner 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 excess of the interest rate on the
bonds 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.
(f) 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
Supp. No. 72 724
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-11
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 final 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 su~cient evidence. Any informality or irregularity 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 property assessed. A
tabulation of accounts shall be provided by the clerk of the circuit court or the St. Lucie County
Tax Collector.
(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.
(j) After debt service on any bonds issued to fund the project has been paid in full any excess
funds shall be disbursed in the following manner: (1) revert to the county and be deposited into
MSBU Reserve Fund for any special assessment use as determined by the board, or; (2)
Supp. No. 72 '72~j
§ 1-13.5-11 ST. LUCIE COUNTY CODE
refunded to the owner of record, as defined by the property appraiser's current t~ roll, if the
minimum refund amount of at least twenty-five dollars ($25.00) per parcel, so long as the total
amount collected does not exceed the final assessment amount, including interest, as defined
by the final assessment roll.
(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; Ord. No.
05-032, Pt. A, 9-20-2005)
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. 1-13.5-14. 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 maturity of the bonds,
(iii) 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
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
Supp. No. 72 726
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-16
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.
(Ord. No. 97-20, Pt. C, 7-15-97)
Sec. 1-13.5-15. Dissolution of units.
A municipal services taxing 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
unit 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)
Sec. 1-13.5-16. Financial hardship assistance program.
(a) The board of county commissioners is hereby authorized to implement by resolution a
financial hardship assistance program in order to provide financial assistance for those real
property owners in unincorporated St. Lucie County living at or below poverty levels whose
real property is subject to special assessments imposed under the provisions of this chapter.
Such resolution shall set forth guidelines, application criteria, and other procedural require-
ments necessary for administration of the program. The expenditure of county funds for
administration of a financial hardship assistance program is hereby authorized, provided that
such expenditures shall consist solely of, and be entirely contingent upon the existence of,
legally available funds other than special assessments imposed and collected by the county. At
the board's sole discretion, the financial hardship assistance contemplated by this section may
take the form of (i) direct payment by the county of the special assessment, or some portion
thereof, otherwise due from the applicant property owner, (ii) a deferral of such special
assessment, or portion thereof, until such time or event as provided for in the resolution, or (iii)
any other form deemed appropriate by the board which provides for the full funding of any
underlying bonds, debt, or obligations of the county.
(b) In its sole discretion, the board shall on an annual basis determine and designate the
funds available to fulfill the purpose of this section. The provision of financial hardship
assistance in any one year shall in no way establish a right or entitlement to such assistance
in any subsequent year and the provision of funds in any year may be limited to the extent
funds are available and appropriated by the board of county commissioners.
(Ord. No. 05-032, Pt. A, 9-20-2005)
Supp. No. 72 727
PARKS AND RECREATION § 1-15-43
North Park District A: All of St. Lucie County, less the following: Begin at the center of the
intersection of South 25th Street and West Midway Road (POB); thence easterly to the
center of the north fork of the St. Lucie River; thence southerly along the centerline of
the north fork of the St. Lucie River to the point of intersection with the centerline of
the Florida Power and Light power lines originating at the St. Lucie power plant;
easterly along said power lines to the west bank of the Indian River; thence
southeasterly along the west bank of the Indian River to the Martin/St. Lucie county
line; thence westerly along the Martin/St. Lucie county line to a point of intersection
with I-95 and the southwest corner of the City of Port St. Lucie; thence northerly along
the west city limit line of the City of Port St. Lucie to the center of the intersection of
West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of
West Midway Road to the POB.
North Park District B: Begin at the center of the intersection of South 25th Street and West
Midway Road (POB); thence easterly to the center of the north fork of the St. Lucie
River; thence southerly along the centerline of the north fork of the St. Lucie River to
the point of intersection with the centerline of the Florida Power and Light power lines
originating at the St. Lucie power plant; easterly along said power lines to the west
bank of the Indian River; thence southeasterly along the west bank of the Indian River
to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county
line to a point of intersection with I-95 and the southwest corner of the City of Port St.
Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the
center of the intersection of West Midway Road and Glades Cut-Off Road; thence
easterly along the centerline of West Midway Road to the POB.
(Ord. No. 00-005, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. R, 9-6-2005)
Sec. 1-15-42. Parks impact fee trust funds established.
(a) There is hereby established a separate parks impact fee trust fund, for the parks impact
fee districts established by section 1-15-41 of this article.
(b) Funds withdrawn from these accounts must be used in accordance with section 1-15-43
of this article.
(Ord. No. 95-023, Pt. A, 9-19-95)
Sec. 1-15-43. Use of funds.
(a) The collecting governmental unit shall be entitled to up to but not more than four (4) per
cent of the funds collected to compensate them for the administrative expense of collecting and
administering the parks impact fee ordinance. All remaining funds collected from parks
impact fee shall be used solely for the purpose of capital improvements to the parks system,
including, beach access areas, special recreation areas and regional recreation areas under the
jurisdiction within the Comprehensive Plan of St. Lucie County and identified within the
study entitled "Parks Impact Fees for St. Lucie County," dated September, 2005, by Dr. James
Nicholas, which is incorporated by reference and adopted as part of this ordinance, or with
prior approval of the county commission those parks, beach access, regional recreation and
Supp. No. 72 807
§ 1-15-43 ST. LUCIE COUNTY CODE
special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie
Village or the State of Florida and not for maintenance or operations. Land acquisition and
improvements shall be of the type made necessary by the county's growth and development.
(b) Except for the up to four (4) per cent retainage authorized above, all remaining funds
collected from the parks impact fee shall be used exclusively for identified parks capital
improvements within the parks impact fee district from which funds were collected or for
projects in other districts which are of direct benefit to the district from which the funds were
collected.
(c) Each January the county administrator shall present to the board of county commis-
sioners a proposed capital improvement program for parks, assigning funds, including any
accrued interest, from the parks impact fee trust fund to specific park improvements projects
and related expenses. Monies, including any accrued interest, not assigned in any fiscal period
shall be retained in the same parks impact fee trust fund until the next fiscal period except as
provided by the refund provisions of this article. Funds shall be deemed expended in the order
received.
(d) The Board of County Commissioners of St. Lucie County may enter into interlocal
agreements with the governing bodies of the municipalities in St. Lucie County to ensure
proper use of the funds collected pursuant to this article.
(Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-005, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. S,
9-6-2005; Ord. No. 05-037, Pt. C, 10-11-2005)
Sec. 1-15-44. Refund of fees paid.
(a) If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the feepayer, his heirs,
successors or assigns, shall be entitled to a refund of the impact fee paid as a condition for its
issuance except that the county, and the collecting government entity, if not the county, shall
retain four (4) per cent of the funds as an administrative fee to offset the costs of refunding.
(b) Any funds not expended or encumbered by the end of the fiscal year immediately
following ten (10) years from the date the parks impact fee payment was received shall, upon
application of the current owner within one hundred eighty (180) days of the expiration of the
ten (10) year period, be returned to the current owner with interest at the rate of six (6) per
cent per annum.
(Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-034, Pt. A, 9-19-2000)
Sec. 1-15-45. Egemptions.
(a) The following shall be exempted wholly or in part from payment of the parks impact fee:
(1) Alteration or expansion of an e~risting building where no additional units are created,
the use is not changed, and where no additional need for parks will be produced over
and above that produced by the existing use.
Supp. No. 72 808
PUBLIC BUILDINGS § 1-16.3-24
Sec. 1-16.3-22. Public buildings impact fees trust funds established.
(a) There is hereby established a public buildings impact fee trust fund, for the public
buildings impact fees collected pursuant to this chapter.
(b) Funds withdrawn from this account must be used in accordance with section 1-16.3-23
of this chapter.
(Ord. No. 95-41, Pt. A, 9-19-95)
Sec. 1-16.3-23. Use of funds.
(a) The collecting governmental unit shall be entitled to up to but not more than four (4) per
cent of the funds collected to compensate them for the administrative expense of collecting and
administering the public buildings impact fee ordinance. All remaining funds collected from
public buildings impact fees shall be used solely for the purpose of capital improvements to the
county's public buildings contained within the county's comprehensive plan and identified
within the study entitled "Public Buildings Impact Fees for St. Lucie County," dated
September, 2005, by Dr. James Nicholas, which is incorporated by reference and adopted as
part of this ordinance, and not for maintenance or operations. Land acquisition and improve-
ments shall be of the type made necessary by the county's growth and development.
(b) Each January the county administrator shall present to the board of county commis-
sioners a proposed capital improvement program for public building and facilities, assigning
funds, including any accrued interest, from the public buildings impact fee trust fund to
specific public buildings improvements projects and related expenses. Monies, including any
accrued interest, not assigned in any fiscal period shall be retained in the same public
buildings impact fee trust fund until the next fiscal period except as provided by the refund
provisions of this article. Funds shall be deemed expended in the order received.
(c) The Board of County Commissioners of St. Lucie County may enter into interlocal
agreements with the governing bodies of the municipalities in St. Lucie County to ensure
proper use of the funds collected pursuant to this article.
(Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-009, Pt. A, 5-9-2000; Ord. No. 05-030, Pt. F,
9-6-2005; Ord. No. 05-037, Pt. A, 10-11-2005)
Sec. 1-16.3-24. Refund of fees paid.
(a) If a building permit or an electrical permit for a mobile home park or recreational
vehicle park expires and no construction has been commenced, then the feepayer, his heirs,
successors or assigns, shall be entitled to a refund of the impact fee paid as a condition for its
issuance except that the county and the collecting government entity, if not the county, shall
retain four (4) per cent of the funds as an administrative fee to ofFset the costs of refunding.
Supp. No. 72 871
§ 1-16.3-24 ST. LUCIE COLTNTY CODE
(b) Any funds not expended or encumbered by the end of the fiscal year immediately
following [ten] (10) years from the date the public buildings impact fee payment fee payment
was received sha11, upon application of the current owner within one hundred eighty (180) days
of the expiration of the ten (10) year period, be returned to the current owner with interest at
the rate of six (6) per cent per annum.
(Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-033, Pt. A, 9-19-2000)
Sec. 1-16.3-25. Egemptions.
(a) The following shall be exempted wholly or in part from payment of the public buildings
impact fee:
(1) Alteration or expansion of an existing building where no additional residential
dwelling units are created.
(2) The construction of accessory buildings or structures which will not produce additional
need for public facilities over and above that produced by the principal building or use
of the land.
(3) The replacement of a destroyed or partially destroyed building or structure in
existence on or after January 1, 1996, with a new building or structure of the same or
a different use provided that no additional need for public facilities will be produced
over and above those produced by the original use of the land.
(4) Any claim of exemption must be made no later than the time of application for a
building permit or electrical permit for a mobile home. Any claim not so made shall be
deemed waived.
(Ord. No. 95-41, Pt. A, 9-19-95)
Sec. 1-16.3-26. Appeals.
(a) Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners by filing a
petition of appeal within thirty (30) calendar days of the date of the rendition of the decision.
(b) The board of county commissioners shall review the petition at a public meeting within
thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be
provided reasonable notice of the time, date, and place of the public meeting by certified mail,
return receipt requested, and invited to attend. Testimony at the public meeting shall be
limited to ten (10) minutes per side, unless an extension of time is granted by the board. The
board's decision shall be final for the purpose of administrative appeals.
The board of county commissioners shall revoke the decision of the county administrator only
if there is competent, substantial evidence in the record that the decision fails to comply with
this article.
(Ord. No. 95-41, Pt. A, 9-19-95)
Supp. No. 72 872
ROADS AND BRIDGES § 1-17-31
(g) The collection and enforcement procedures set forth in this section shall be cumulative
with, supplemental to and in addition to, any applicable procedures provided in any
other ordinances or administrative regulations of the county or any other applicable
law or administrative regulation of the State of Florida. Failure of the county to follow
the procedure set forth in this section shall not constitute a waiver of its rights to
proceed under any other applicable procedure.
(h) In the event that the property for which the building permit is issued is located within
a municipality that has not agreed to assist in the collection of the road impact fee, a
feepayer that pays the road impact fee directly to the county prior to the receipt of an
impact fee statement notice, shall be entitled to a ten (10) per cent reduction in the
amount of the road impact fee due.
(i) In the event that the alternative collection mechanism contained herein is utilized by
the county to collect the delinquent road impact fee and that collection procedure
results in an inequitable burden as a result of the particular terms and provisions of
the construction or loan contract of the feepayer, then such feepayer may petition the
county administrator for relief. The county administrator may make such adjustments
to the collection process to address such adverse impacts resulting from the use of the
alternative collection procedure. The feepayer shall have a right of review of the
~ decision of the county administrator to the board of county commissioners.
(Ord. No. 05-030, Pt. L, 9-6-2005)
Sec. 1-17-31. Use of funds and road benefit zones.
(a) There is hereby created the Mainland Road Benefit Zone, the North Island Road Benefit
Zone, the Fort Pierce Island Road Benefit Zone, and the South Island Road Benefit Zone. The
boundaries of the various benefit zones are as depicted in revised figure 1.
(b) All funds collected from road impact fees shall be used solely for the purpose of capital
improvements or enhancements to transportation facilities associated with the arterial and
collector road network of the county as identified in the county's comprehensive plan or the
comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by
the State of Florida and identified within the study entitled "Roads Impact Fees for St. Lucie
County," dated September, 2005, by Dr. James Nicholas, which is incorporated by reference
and adopted as part of this ordinance. Road impact fees shall not be used for maintenance or
operation purposes. Such improvements shall be of the type as are made necessary by the new
development.
(c) Except as provided in subsection (e) of this section, all funds shall be used exclusively for
identified road capital improvements within the road benefit zone from which the funds were
collected or for projects in adjacent road benefit zones which are of direct benefit to the road
benefit zone from which the funds were collected. 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.
Supp. No. 72 918.1
§ 1-17-31 ST. LUCIE COUNTY CODE
(d) Each January the county administrator shall present to the board of county commis-
sioners a proposed capital improvement program for roads on the arterial and collector road
network of the county, 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 next fiscal year except as provided by the refund provisions of this
article.
(e) The collecting governmental entity shall be entitled to retain four (4) per cent of all
impact fee funds it collects to offset the costs of administering and enforcing this article.
Supp. No. 72 918.2
ROADS AND BRIDGES § 1-17-31
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(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; Ord. No. 98-021, Pt. A, 10-20-98; Ord. No. 00-004, Pt. A,
5-9-2000; Ord. No. 05-030, Pt. K, 9-6-2005; Ord. No. 05-037, Pt. B, 10-11-2005)
Supp. No. 72
918.3
TAXATION § 1-19.3-43
ARTICLE IV. LOCAL OPTION MOTOR FUEL TAX*
Sec. 1-19.3-41. Levy of local option motor fuel tax.
(a) Pursuant to section 336.025, Florida Statutes (1985) as amended by Senate Bill 313
passed by the 1986 Florida Legislature, a six cent ($0.06) local option motor fuel tax is imposed
upon every gallon of motor fuel and special fuel sold in St. Lucie County and taxed under the
provisions of Chapter 206, Florida Statutes.
(b) Pursuant to section 336.025(1)(b), Florida Statutes, an additional five cent ($0.05) local
option motor fuel tax is imposed upon every gallon of motor fuel sold in St. Lucie County and
taxed under the provisions of Part 1 of Chapter 206, Florida Statutes. The revenues received
from the additional five cent ($0.05) local option motor fuel tax may only be utilized for
transportation expenditures needed to meet the requirements of the capital improvements
element of an adopted comprehensive plan. For purposes of this paragraph, expenditures for
the construction of new roads, alternative methods of transportation, or the reconstruction or
resurfacing of existing paved roads shall be deemed to increase capacity and such projects
shall be included in the capital improvements element of the adopted comprehensive plan.
Expenditures for purposes of this paragraph shall not include routine maintenance of roads.
(Ord. No. 97-15, Pt. A, 6-17-97; Ord. No. 99-21, Pt. A, 6-15-99)
Sec. 1-19.3-42. Distribution of local option motor fuel tax.
(a) All divisions of tax proceeds shall be determined by the county on or before July 1 of each
year during the duration of the tax as set out in section 1-19.3-43 beginning July 1, 1986. The
annual redetermination by the county of the division of the tax proceeds shall be based on
transportation expenditures of the county and all eligible municipalities based on the
transportation expenditures of each for the five (5) fiscal years preceding the year in which the
annual redetermination is made, as a proportion of the total of such expenditures for the
county and all municipalities within the county. The county shall notify the department of
revenue of the results of the county's redetermination of the tax proceeds by July 1 of the year
the redetermination is made. The annual redetermination shall be effective beginning
September 1 of the year the redetermination is made. Any dispute as to the determination by
the county of the distribution of the tax proceeds shall be in accordance with section
336.025(5)(b), Florida Statutes (1985).
(Ord. No. 97-15, Pt. A, 6-17-97)
Sec. 1-19.3-43. Duration of tax.
The four cent ($.04) local option gas tax originally imposed by this article shall be effective
from September 1, 1985 through August 31, 1987, both dates inclusive. The six cent ($0.06)
local option gas tax imposed by this article shall be effective from September 1, 1987 through
*Editor's note-Ord. No. 97-15, Pt. A, adopted June 17, 1997, amended Art. IV of this
chapter in its entirety to read as herein set out. Former Art. N, §§ 1-19.3-41-1-19.3-43,
pertained to local option motor fuel tax and derived from Ord. No. 85-07, Pt. A, adopted July
9, 1985, and Ord. No. 87-16, Pt. A, adopted May 12, 1987.
Supp. No. 72 1039
§ 1-19.3-43 ST. LUCIE COLTNTY CODE
August 31, 2015, both dates inclusive. The first additional two cent ($0.02) local option motor
fuel tax imposed by this article shall be effective from January 1, 1998 through August 31,
2015, both dates inclusive. The remaining additional three cent ($0.03) local option motor fuel
tax imposed by this article shall be effective from January 1, 2000 through August 31, 2015,
both dates inclusive.
(Ord. No. 97-15, Pt. A, 6-17-97; Ord. No. 99-21, Pt. A, 6-15-99; Ord. No. O1-05, Pt. A, 5-1-2001)
Secs. 1-19.3-44-1-19.3-50. Reserved.
ARTICLE V. ECONONIIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS*
Sec. 1-19.3-51. Short title.
This article shall be known as county Ordinance No. 92-24, "Economic Development Ad
Valorem Tax Exemption Regulations of St. Lucie Co., Florida."
(Ord. No. 92-24, Pt. A, 10-6-92)
Sec. 1-19.3-52. Enactment and authority.
Pursuant to section 3, Article VII of the State Constitution and in accordance with Chapters
125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules,
Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties indi-
vidually or in combination are authorized and empowered to adopt, amend or revise and
enforce an ordinance relating to economic development ad valorem tax exemptions, after the
electors of such municipality or county, voting on the question in a referendum, authorize the
adoption of such ordinance.
(Ord. No. 92-24, Pt. A, 10-6-92)
Sec. 1-19.3-53. Jurisdiction.
The area subject to this article shall be incorporated and unincorporated St. Lucie County.
(Ord. No. 92-24, Pt. A, 10-6-92)
*Editor's note-Ord. No. 03-36, Arts. I-V, adopted Sept. 16, 2003, granted an Economic
Development Ad Valorem Tax Exemption for Mirabella Yachts, Inc., expiring four years from
the date of board adoption of the ordinance. Ord. No. 05-034, adopted Oct. 4, 2005, granted an
Economic Development Ad Valorem Tax Exemption for Scripps ~easure Coast Publishing
Company egpiring seven years from the date of board adoption of the ordinance. Ord. No.
05-035, adopted Oct. 4, 2005, granted an Economic Development Ad Valorem Tax Exemption
for Atlantic 74vss Co. Ltd. expiring seven years from the date of board adoption of the
ordinance. Ord. No. 05-036, adopted Oct. 4, 2005, granted an Economic Development Ad
Valorem Ta1c Exemption for Tropicana Products, Inc. expiring six years from the date of board
adoption of the ordinance.
Supp. No. 72 1040
Sec. 1-19.3-54. Purpose and intent.
TAXATION § 1-19.3-54
The public health, safety, comfort, economy, order, convenience and general welfare require
the harmonious, orderly and progressive development of new business and expansion of
existing business within Florida and its incorporated municipalities and counties. In further-
ance of this general purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes
and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are
authorized and empowered to adopt, amend or revise and enforce measures relating to
economic development ad valorem tax exemptions for new business and expansion of existing
business. It is the intent of this article to secure or to ensure:
(1) The establishment of criteria for granting such exemptions to certain types of
businesses or industries or for denying exemptions on a rational, nonarbitrary,
nondiscriminatory basis by the board of county commissioners.
(2) No precedent shall be implied or inferred by the granting of an exemption to a new or
expanding business. Applications for exemptions shall be considered by the board of
Supp. No. 72
1040.1
I
~
~
CODE DISPOSITION TABLE
Ordinance
Number Subject Section Disposition
05-030 Amends sections 1-16.3-12, Pts. A-S 1-16.3-12,
1-16.3-14-1-16.3-16;creates 1-16.3-14-1-
section 16.3-17.1; amends sec- 16.3-16; 16.3-
tions 1-16.3-23, 1-17-26, 1-17- 17.1; 1-16.3-
28-1-17-31; creates section 23, 1-17-26,
1-17.30.1; amends sections 1-17-28-1-
1-15-32, 1-15-34, 1-15-36; cre- 17-31;
ates section 1-15-37.1; 1-17.30.1;
amends sections 1-15-41, 1-15-32, 1-15-
1-15-43, relating to impact 34, 1-15-36;
fees 1-15-37.1;
1-15-41,
1-15-43
05-032 Amends sections 1-13.5-1, Pt. A 1-13.5-1,
1-13.5-3, 1-13.5-7, 1-13.5-11, 1-13.5-3,
relating to municipal service 1-13.5-7,
taxing units and municipal 1-13.5-11,
service benefit units; creates 1-13.5-16
section 1-13.5-16 relating to
the financial hardship assis-
tance program
03-034 Establishes an exemption Arts.I-V Ch. 1-19.3,
from certain ad valorem tax- Art. V
ation for Scripps neasure
Coast Publishing Company
(editor's note)
03-035 Establishes an exemption Arts.I-V Ch. 1-19.3,
from certain ad valorem tax- Art. V
ation for Atlantic 74~uss Co.,
Ltd. (editor's note)
03-036 Establishes an exemption Arts.I-V Ch. 1-19.3,
from certain ad valorem tax- Art. V
ation for ~opicana Prod-
ucts, Inc. (editor's note)
05-037 Amends sections 1-16.3-23, Pts. A-C 1-16.3-23(a),
1-17-31, 1-15-43 relating to 1-17-31(b) and
use of funds 1-15-43(a)
Supp. No. 72
3752.11
CODE INDEX
Section
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS (Cont'd.)
Budget adoption; t~ing units .................................. 1-13.5-4
Contracts .......................................................... 1-13.5-9
County authorized to advance necessary expenses ..... .. .... 1-13.5-12
County engineer
Proceeding subsequent to hearing ........................... 1-13.5-8
Creation of units ................................................. 1-13.5-5
Authorized ...................................................... 1-13.5-1
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
Financial hardship assistance program ........................ 1-13.5-16
Governing 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 ..........................
Certificate of indebtedness .................................... 1-13.5-11(g)
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-i1(i)
Payments ....................................................... 1-13.5-11(h)
Priority of lien, interest, 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
N
NEGLECT
Parental neglect .................................................. 1-6-16 et seq.
See: MINORS
NET
Indian River
Length of nets restricted; marking .......................... 1-8-1
NINTH CENT GAS TAX
Provisions enumerated ........................................... 149.3-81
et seq.
See: TAXATION
NOISE
Noise control
Excessive, unnecessary, etc., noises prohibited ............. 1-13.8-1
Exemptions ................... . .. . ... .. . . . ... . . . . . . . . . . ........ . 1-13.8-19
Supp. No. 72 3879
ST. LUCIE COUNTY CODE
Section
NOISE (Cont'd.)
Penalties ....................... . ... .............. ... .. . ......... 1-13.8-21
Special permit; application for ............................... 1-13.8-20
Terminology, standards, and definitions ..................... 1-13.8-16
Use districts
Classification ................................................. 1-13.8-17
Ma~Limum perxnissible sound levels and vibration levels 1-13.8-18
V'iolations generally ............................................ 1-13.8-1
Railroads; use of audible warning signals ........ ............. 1-16.5-1
NUISANCES
Animals; public nuisance prohibited ........................... 1-4-17
NUMBER
Defined ............................................................ 1-1-2
NURSING HOMES
Indigents, authority to contract for care . . . . . . . . . . . . . . . . . . . . . . . 1-21-1
O
OATH
Defined ............................................................ 1-1-2
OCCUPANT
Defined ............................................................ 1-1-2
OCCUPATIONS
Occupational license t~es and regulations enumerated..... 1-12-16 et seq.
See: LICENSES AND PERMITS (Occupational license
taxes and regulations)
OFFENSES
Miscellaneous offenses and regulations ........................ 2-11-1 et seq.
Specific penalties, remedies, etc. See specific offenses
which are indexed alphabetically
OFFICERS AND EMPLOYEES
Animal control officer training requirements ................. 1-4-27
Board of county commissioners. See: COUNTY COMMIS-
SIONERS
Circuit court clerk
Mosquito control district; service as secretary and trea-
surer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-17
Clerk of circuit court to give bond ......................... 2-9-18
Civil suits arising from acts within scope of employment or
function
Payment of defense costs ...................................... 1-2-18
County administrator ............................................ 2-1-16 et seq.
Criminal history record checks
Certain employees, appointees ............................... 1-2-67
Deferred compensation program
Administration ................................................. 1-14.5-22
Adoption ........................................................ 1-14.5-21
Supp. No. 72 3880