HomeMy WebLinkAboutSupplement No. 99: 09-2013SUPPLEMENT N0. 99
September 2013
CODE
County of
ST. LUCIE, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 13-035, enacted July 2, 2013.
See the Code Disposition Table-Ordinances for further information.
Remove Old Pages Insert New Pages
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:1 SH:1
429, 430 429, 430
2446.1-2454 2447-2454.2
3752.19 3752.19
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on apage-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
page.
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 "O C" 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 98 68.3, 68.4 84
iii OC 68.5, 68.6 84
v, vi OC 68.7, 68.8 84
vii, viii OC 69, 70 64
ix, x 96 70.1, 70.2 97
xi, xii 97 70.3, 70.4 80
xiii, xiv 97 70.5, 70.6 87
xv 97 70.7, 70.8 96
SH:1 99 70.9 96
1, 2 OC 71, 72 81
3, 4 OC 73, 74 81
55, 56 96 75, 76 81
57, 58 88 77, 78 81
58.1 88 79, 80 81
59, 60 66 81, 82 81
61, 62 66 82.1, 82.2 81
63, 64 66 82.3, 82.4 81
65, 66 96 82.5, 82.6 81
66.1, 66.2 81 82.7, 82.8 81
67, 68 84 82.9, 82.10 81
68.1, 68.2 84 82.11, 82.12 81
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Supp. No. 99
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
82.13, 82.14 81 159, 160 85
82.15, 82.16 81 160.1 85
82.17, 82.18 81 161, 162 97
82.19, 82.20 81 163, 164 41
82.21, 82.22 81 165, 166 86
82.23, 82.24 81 166.1, 166.2 86
82.25, 82.26 81 166.3 86
82.27, 82.28 81 167, 168 85
82.29, 82.30 97 169, 170 91
82.31, 82.32 81 170.1, 170.2 91
82.33, 82.34 81 170.3, 170.4 91
82.35, 82.36 81 171, 172 52
82.37, 82.38 81 173, 174 52
82.39, 82.40 81 175, 176 52
82.41, 82.42 81 177 52
82.43, 82.44 81 181, 182 51
82.45, 82.46 81 183, 184 51
82.47, 82.48 81 185, 186 51
82.49, 82.50 81 187, 188 51
82.51, 82.52 81 189, 190 51
82.53, 82.54 81 191, 192 51
82.55, 82.56 81 193, 194 51
82.57, 82.58 81 195, 196 51
82.59, 82.60 81 197, 198 51
82.61, 82.62 81 199, 200 51
82.63, 82.64 81 201, 202 51
82.65, 82.66 81 203, 204 51
83, 84 55 205, 206 51
85, 86 55 207, 208 51
87, 88 97 209, 210 51
89, 90 97 211, 212 51
91, 92 75 213, 214 51
107, 108 88 215, 216 51
109 32 217, 218 51
111, 112 19 219 51
113, 114 19 221, 222 49
115 19 223, 224 49
157, 158 85 225 49
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Supp. No. 99
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261, 262 58 337, 338 20
263, 264 58 339 81
265, 266 58 343, 344 81
267, 268 59 345 97
269, 270 59 347, 348 97
271, 272 97 348.1 90
285, 286 87 349, 350 34
286.1 78 351, 352 34
287, 288 70 353, 354 90
288.1 63 355, 356 90
289, 290 67 357, 358 90
291, 292 71 361, 362 78
293, 294 67 363, 364 78
294.1, 294.2 67 365, 366 78
295, 296 79 367, 368 78
296.1, 296.2 79 369, 370 78
296.3, 296.4 75 371 73
296.5, 296.6 75 373, 374 97
296.7, 296.8 75 375, 376 73
296.9, 296.10 75 377, 378 56
296.10.1, 296.10.2 75 379, 380 56
296.10.3, 296.10.4 75 380.1, 380.2 56
296.10.5, 296.10.6 75 380.3, 380.4 56
296.11, 296.12 70 380.5, 380.6 57
296.13, 296.14 70 380.7, 380.8 97
296.15, 296.16 74 380.9, 380.10 66
296.17, 296.18 74 381 97
296.19, 296.20 77 383 29
296.21 87 421, 422 95
297, 298 39 423, 424 97
299, 300 39 424.1, 424.2 97
301, 302 39 425, 426 88
303, 304 39 427, 428 97
305 42 429, 430 99
313, 314 88 430.1, 430.2 95
315, 316 85 430.3, 430.4 95
317, 318 86 430.5, 430.6 95
319 86 430.7, 430.8 95
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Supp. No. 99
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
430.9 95 661, 662 97
431, 432 29 663, 664 81
433, 434 66 665, 666 81
435, 436 66 667, 668 81
437, 438 66 669, 670 81
439, 440 66 670.1 97
441, 442 94 671, 672 43
443, 444 70 689 29
445, 446 75 697, 698 44
447, 448 94 699, 700 44
465, 466 97 701, 702 44
467, 468 44 703, 704 97
469, 470 44 704.1 97
471, 472 70 705, 706 44
485 86 707, 708 44
515, 516 35 715, 716 72
517, 518 32 717, 718 72
519, 520 32 719, 720 72
521, 522 35 721, 722 72
523, 524 82 723, 724 72
525, 526 82 725, 726 72
565, 566 97 727 72
567, 568 57 729, 730 77
569, 570 90 731, 732 77
570.1 56 733, 734 77
571, 572 42 739, 740 97
573, 574 56 741, 742 97
575, 576 42 763, 764 98
577, 578 56 789, 790 68
579, 580 90 791, 792 91
581, 582 42 793, 794 86
617, 618 79 794.1 86
619, 620 79 795, 796 71
621, 622 79 797, 798 71
623, 624 91 798.1, 798.2 85
625, 626 79 798.3, 798.4 71
627 97 798.5 71
659, 660 43 799, 800 42
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801, 802 56 918.1, 918.2 85
803, 804 42 918.3 85
805, 806 56 919, 920 82
807, 808 85 921, 922 82
809, 810 91 923, 924 82
827, 828 91 924.1, 924.2 82
829, 830 91 924.3, 924.4 82
831, 832 91 924.5, 924.6 82
833 91 924.7, 924.8 56
849, 850 86 924.9, 924.10 56
851 86 925, 926 17
855, 856 91 927, 928 17
856.1, 856.2 91 929, 930 29
856.3, 856.4 97 957, 958 97
856.5, 856.6 91 959, 960 97
857, 858 71 961, 962 90
859, 860 85 963, 964 97
861, 862 85 964.1 97
862.1 85 965, 966 68
862.1, 862.2 71 967, 968 68
862.3 71 969, 970 90
863, 864 42 971, 972 90
865, 866 56 973, 974 93
867, 868 42 975, 976 93
869, 870 42 977, 978 93
871, 872 85 1005, 1006 87
873 71 1007,1008 87
879 71 1009,1010 87
885, 886 71 1011, 1012 87
903, 904 77 1013 87
904.1 77 1035, 1036 92
905, 906 56 1036.1 92
907, 908 71 1037, 1038 34
909, 910 85 1039, 1040 98
911, 912 85 1040.1 98
913, 914 85 1041, 1042 84
915, 916 85 1043, 1044 84
917, 918 85 1044.1 84
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Supp. No. 99
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
1045, 1046 49 1127 OC
1047,1048 63 1615 29
1049,1050 47 1987 29
1065, 1066 93 2231, 2232 OC
1067, 1068 77 2233, 2234 OC
1068.1, 1068.2 88 2235, 2236 10
1069,1070 96 2237 10
1070.1, 1070.2 96 2287 OC
1071, 1072 94 2337, 2338 15
1072.1, 1072.2 94 2339 15
1073, 1074 34 2389 OC
1075, 1076 70 2439, 2440 44
1077, 1078 70 2441, 2442 44
1079, 1080 32 2443, 2444 53
1081, 1082 77 2445, 2446 55
1083 77 2447,2448 99
1095, 1096 97 2449, 2450 99
1097, 1098 80 2451, 2452 99
1099, 1100 80 2453, 2454 99
1101, 1102 97 2454.1, 2454.2 99
1102.1 97 2455, 2456 44
1103, 1104 87 2457, 2458 44
1105, 1106 87 2459, 2460 44
1107, 1108 87 2461, 2462 44
1109, 1110 97 2501, 2502 53
1111, 1112 97 2503, 2504 53
1113, 1114 97 2505, 2506 53
1115, 1116 97 2507, 2508 53
1117, 1118 97 2509, 2510 53
1119, 1120 97 2511, 2512 53
1121, 1122 97 2513, 2514 53
1123,1124 97 2515 53
1125, 1126 97 2535, 2536 12
1126.1, 1126.2 97 2537, 2538 12
1126.3, 1126.4 97 2539, 2540 12
1126.5, 1126.6 97 2541, 2542 12
1126.7, 1126.8 97 2543 12
1126.9 97 2563, 2564 OC
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp. No. Page No. Supp. No.
2615, 2616 OC 3739, 3740 27
2617, 2618 OC 3741, 3742 27
2619, 2620 OC 3743, 3744 29
2621 OC 3745, 3746 29
2671, 2672 66 3747, 3748 30
2673, 2674 66 3749, 3750 35
2675, 2676 66 3751, 3752 51
2677, 2678 66 3752.1, 3752.2 55
2679, 2680 66 3752.3, 3752.4 57
2735, 2736 53 3752.5, 3752.6 59
2737 53 3752.7, 3752.8 75
2787 25 3752.9, 3752.10 77
2837, 2838 OC 3752.11, 3752.12 77
2839, 2840 OC 3752.13, 3752.14 81
2841, 2842 OC 3752.15, 3752.16 86
2843, 2844 OC 3752.17, 3752.18 98
2895, 2896 OC 3752.19 99
2897 OC 3753, 3754 OC
2947, 2948 OC 3755, 3756 OC
2949, 2950 44 3757, 3758 OC
2951, 2952 OC 3759, 3760 OC
2953, 2954 OC 3761, 3762 OC
3005 53 3763, 3764 OC
3063, 3064 OC 3765, 3766 OC
3065, 3066 OC 3767, 3768 53
3067, 3068 OC 3769, 3770 OC
3119 OC 3771, 3772 53
3169, 3170 OC 3773, 3774 53
3671, 3672 OC 3775, 3776 53
3673 5 3777,3778 66
3723, 3724 OC 3827, 3828 97
3725, 3726 OC 3829, 3830 97
3727, 3728 1 3831, 3832 97
3729, 3730 10 3833, 3834 96
3731, 3732 14 3835 96
3733, 3734 14 3849, 3850 85
3735, 3736 19 3851, 3852 85
3737, 3738 18 3853, 3854 95
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Supp. No. 99
ST. LUCIE COUNTY CODE
Page No. Supp. No.
3854.1, 3854.2 90
3855, 3856 91
3856.1 91
3857, 3858 74
3859, 3860 87
3861, 3862 97
3862.1 97
3863, 3864 87
3865, 3866 87
3867, 3868 90
3868.1 90
3869, 3870 88
3871, 3872 95
3873, 3874 96
3874.1, 3874.2 96
3875, 3876 97
3876.1, 3876.2 97
3877, 3878 91
3879, 3880 81
3881, 3882 95
3882.1 95
3883, 3884 97
3885, 3886 91
3887, 3888 91
3889, 3890 93
3891, 3892 93
3893, 3894 93
3894.1, 3894.2 93
3894.3, 3894.4 93
3895, 3896 97
3897 97
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Supp. No. 99
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code and are considered "Included." Ordinances that are not of
a general and permanent nature are not codified in the Code and are
considered "Omitted."
In addition, by adding to this table with each supplement, users of this Code
of Ordinances will be able to gain a more complete picture of the Code's
historical evolution.
Ord. No. Date
Adopted Included/
Omitted
Supp. No.
10-038 11- 9-2010 Include 89
11-004 2- 1-2011 Include 89
11-OOlA 3- 1-2011 Include 90
11-006 4- 5-2011 Include 90
11-008 3- 1-2011 Include 90
11-009 3- 1-2011 Omit 90
11-010 6- 7-2011 Include 91
11-014 5- 3-2011 Include 91
11-016 5- 3-2011 Include 91
11-020 7- 5-2011 Include 91
11-028 9-27-2011 Include 92
11-025 11- 1-2011 Include 93
11-029 10-18-2011 Include 93
11-030 12-20-2011 Include 94
12-001 1- 3-2012 Include 94
12-011 7- 3-2012 Include 95
12-012 7- 3-2012 Omit 95
12-012 7- 3-2012 Include 95
12-015 8- 7-2012 Include 96
12-016 9- 4-2012 Include 96
12-017 9- 4-2012 Include 96
12-018 9- 4-2012 Include 96
12-020 10-23-2012 Include 97
13-015 4- 2-2013 Include 98
13-18 5- 7-2013 Include 98
13-022 7-16-2013 Include 99
13-035 7- 2-2013 Include 99
Supp. No. 99 SI-I:1
GARBAGE, TRASH AND REFUSE § 1-9-19.5
owner's local agent. The posting shall be no less than eighteen (18) inches x
twenty-four (24) inches, and shall be clearly visible from the street but not readily
accessible to vandals. The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT ANY PROBLEMS OR CONCERNS CALL:
(d) Inspections.
(1) The owner's local agent shall inspect the real property on a monthly basis to ensure
that the property is in compliance with this section.
(2) The owner's local agent shall inspect the real property subsequent to the declaration
of state of emergency to ensure that the property is secured and in compliance with
this section.
(3) The owner's local agent shall maintain written proof of the monthly inspections and
provide same to the county code enforcement division upon request.
(4) The county code enforcement division shall have the authority to inspect real
properties subject to this section for compliance and to issue notices for any violations.
The county code enforcement division shall have the discretion to determine when and
how such inspections are to be made, provided that its policies are reasonable
calculated to ensure that this section is enforced.
(e) Subsequent review and sunset provision. Pursuant to this section, this abandoned real
property registration system is being added for the health, safety and welfare of the citizens
of St. Lucie County during difficult economic times in St. Lucie County. This section shall be
repealed on January 1, 2016 unless the board takes action to extend. Nothing in this section
shall prevent the board from taking action sooner.
(f) Enforcement and penalties.
(1) The county may enforce the provisions of this section by any means available to the
County under the St. Lucie County Code of Ordinances or as may be available under
state law, including but not limited to, Chapter 1-2, Section III, Code Enforcement
Board and Chapter 162 of the Florida Statutes.
(2) The penalties violation of this section shall be as set forth in the code enforcement
method asserted by the county under the St. Lucie County Code of Ordinances or as
may be available under state law, including but not limited to, Chapter 1-2, Section III,
Code Enforcement Board, Chapter 162 of the Florida Statutes and section 125.69,
Florida Statutes.
(3) Each day a violation continues shall be considered a separate offense.
(Ord. No. 10-011, Pt. A, 6-15-2010; Ord. No. 13-035, Pt. A, 7-2-13)
Supp. No. 99 429
§ 1-9-19.6 ST. LUCIE COUNTY CODE
Sec. 1-9-19.6 Lot clean-up.
(a) Purpose and intent. The purpose and intent of this article is to prohibit the following:
(1) Accumulation of trash, junk, or debris, living and nonliving plant material, and
stagnant water,
(2) Excessive and untended growth of grass, weeds, brush, branches, and other over-
growth, and
(3) The existence of all other objectionable, unsightly or unsanitary matter, materials, and
conditions on property whether improved or unimproved.
The purpose and intent of this article is to prevent conditions on property that result in the
following:
(1) Property being inhabited by, or providing a habitat for, rodents, vermin, reptiles, or
other wild animals,
(2) Property providing a breeding place for mosquitoes, flies or arthropods,
(3) Property being a place, or being reasonably conducive to serving as a place for illegal
or illicit activity,
(4) Property threatening or endangering the public health, safety or welfare of county
residents,
(5) Property reasonably believed to cause currently, or have the potential to cause in the
future, ailments or disease,
(6) Property adversely affecting and impairing the economic value of enjoyment of
surrounding or nearby property.
(b) Declaration of nuisance and menace. The (i) accumulation of trash, junk, or debris,
living and nonliving plant material, or stagnant water upon property, (ii) the excessive growth
of grass, weeds, brush, branches, and other overgrowth upon property, and (iii) the keeping of
fill in an unsafe and unsanitary manner is declared to be a nuisance and menace to the public
health, safety, and welfare of the citizens of the county for the following reasons:
(1) The aesthetic appearance of property preserves the value of other properties within
the county.
(2) The (i) accumulation of trash, junk, or debris, nonliving plant material, or stagnant
water, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth
upon property, and (iii) the keeping of fill in an unsafe and unsanitary manner is
dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of
average sensibilities, and a visual nuisance because it depreciates, or potentially can
depreciate, the value of neighboring property.
Supp. No. 99 430
BUILDINGS AND BUILDING REGULATIONS § 2-5-9
b. The nature of the applicant's proposed contracting business.
c. The type of certificate for which the applicant is applying.
d. A list of all businesses owned and operated or managed by the applicant or in
which the applicant has had an interest during the past five (5) years and the
addresses of those businesses.
e. Three (3) letters of recommendation, two (2) of the letters shall be from reputable
business or professional persons not related by blood or marriage to the applicant.
At least one (1) of the three (3) letters of recommendation shall be from a
contractor certified or registered by the State of Florida or the state in which the
applicant most recently resided before becoming a resident of the State of Florida
and shall have the contractor's license number included in the letter. A letter from
a local contractor who holds a certificate of competency is accepted in place of the
State of Florida Contractors as long as the certificate of competency is of the same
trade that is being verified. If the contractor who is verifying the experience is
related by blood or marriage, the contractor must show proof of being active as a
contractor registered or certified by the State of Florida or the state in which the
contractor most recently resided or had a local certificate of competency at the
time of verification and must be of the same trade that is being verified. All three
(3) letters of recommendation shall address the applicant's knowledge, experi-
ence, and ability as a contractor. All three (3) letters must be notarized.
f. A sworn statement that the applicant has not been convicted of a misdemeanor
involving moral turpitude, a felony during the past five (5) years, or a finding of
violation by the Florida Department of Professional Regulation, the Florida
Construction Industry Licensing Board, and/or the Florida Electrical Contrac-
tors' Licensing Board, and that he is not presently charged with committing a
misdemeanor involving moral turpitude or a felony. If the applicant has been so
convicted or charged, he shall specify the details of the conviction(s) or charge(s).
g. Proof of having obtained a score of seventy (70) per cent or higher on the required
contractor competency examination or the required general specialty examina-
tion certificate of competency as a type of contractor which is not required to
register with the State of Florida who has taken the required competency
examination at least twice within the two (2) years preceding the submittal of the
application and failed to obtain a passing score as set forth in this section shall
submit the following information to the community development director.
1. Written documentation from the firm or agency conducting the examina-
tions indicating the type of examinations taken, the dates of the examina-
tions and the applicant's scores on the examinations;
2. Proof that the applicant holds a valid and current contractor license in
another jurisdiction in the appropriate area of contracting.
h. Proof of compliance with the insurance requirements set forth in this article.
Supp. No. 99 2447
§ 2-5-9 ST. LUCIE COUNTY CODE
i. Proof of compliance with Florida Fictitious Name Statute, section 865.09, Florida
Statutes, if applicable.
j. Anon-United States citizen shall provide proof of authorization from the United
States Department of Immigration and Naturalization to work in the United
States.
k. A statement authorizing the examining board to obtain from any source which
deals with the applicant additional information concerning the applicant's
financial condition and credit status.
1. Proof of having paid the prescribed application fee.
m. No document submitted with an application shall be older than six (6) months at
the time of submittal.
(3) In addition to the information described above, an applicant for a certificate of
competency shall submit the following additional information as appropriate:
a. Sole proprietor:
1. Sworn financial statement of applicant; and
2. Personal credit report which shall include a public records check.
b. Individual(s) doing business under a fictitious name:
1. Fictitious name;
2. Names of officers and their interest in the business;
3. Statement signed by an authorized representative of the business stating
that the qualifying agent is qualified to act for the business in all matters
connected with the contracting business and that such qualifying agent has
the authority and responsibility to supervise construction and employees on
a construction site;
4. Sworn financial statement(s) of individual(s); and
5. Credit report on the business which shall include a public records check.
c. Corporation:
1. Copy of the certificate of incorporation;
2. Names, addresses and titles of officers and directors;
3. Copy of corporate minutes of meeting(s) at which officers and directors were
elected;
4. Name(s) and address(es) of qualifying agent(s);
5. Statement signed by an authorized representative of the corporation stating
that the qualifying agent is qualified to act for the corporation in all matters
connected with the contracting business and that such qualifying agent has
the authority and responsibility to supervise construction and employees on
a construction site;
6. Corporate financial statement;
Supp. No. 99 2448
BUILDINGS AND BUILDING REGULATIONS § 2-5-10
Corporate credit report which shall include a public records check.
(4) All complete applications shall be presented to the appropriate examining board for
review. No application shall be presented to an examining board until the community
development director determines that the application is complete and in order.
(5) Any person who holds a current and active St. Lucie County certificate of competency
on the effective date of this article shall not be required to file an application for
certificate of competency in accordance with the provisions of this article.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96; Ord. No. 13-022, Pt. II, 7-16-13)
Sec. 2-5-10. Insurance requirements.
(1) Prior to the submittal of an application for certificate of competency to an examining
board or renewal of an existing certificate, the applicant or certificate holder shall furnish to
the community development director proof of insurance in the amounts and coverage herein
provided. In the alternative, an applicant for a certificate of competency may submit to the
community development director a notice of intent to issue insurance in the amounts and
coverage herein provided to the applicant upon approval of his application for a certificate of
competency. The notice of intent to issue the insurance shall be from an insurance company
authorized to do business in the State of Florida and shall be addressed to the community
development director. In the event the application for a certificate of competency is approved
by the appropriate examining board, the community development director shall not issue the
certificate of competency until the applicant provides proof of insurance coverage as provided
herein.
(2) As proof of insurance, the applicant or certificate holder shall submit to the community
development director an original and complete certificate of insurance issued by an insurance
company authorized to do business in the State of Florida. The certificate of insurance shall
contain the date that the certificate was issued, the name of the insurance agent, name and
address of insurance company, name of the applicant or the name of the certificate holder as
it appears on the state-certified or state-registered contractor's license, policy number (not
binder number), effective date of policy, and the expiration date of the policy. The certificate of
insurance shall name the community development director as the certificate holder and shall
specify the number of days notification to be given to the certificate of insurance holder should
the policy or any part thereof be canceled before the expiration date.
(3) The applicant or certificate holder shall maintain workers' compensation in accordance
with the requirements of Chapter 440, Florida Statutes, as may hereafter be amended, and
employer's liability insurance.
(4) The applicant or certificate holder shall maintain general liability and property damage
insurance coverage in the amounts established by resolution of the board of county commis-
sioners.
Supp. No. 99 2449
§ 2-5-10 ST. LUCIE COUNTY CODE
(5) In the event of cancellation or expiration of all or part of the insurance required
hereunder held by a certificate holder, his certificate of competency shall be automatically
revoked. The certificate of competency shall be reinstated upon the certificate holder
furnishing proof to the appropriate examining board that he is in compliance with these
insurance requirements.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96)
Sec. 2-5-11. Issuance of certificate of competency.
(1) An examining board shall issue a certificate of competency upon making the following
determinations:
(a) The applicant, or the qualifying agent, as appropriate, has obtained a score of seventy
(70) per cent or higher on the required examination and possesses the necessary
experience, knowledge and ability required for the type of certificate for which the
application is made, or has submitted the alternative information required pursuant to
section 2-5-9(2)(g);
(b) The credit report and. financial statement submitted with the application indicate that
the applicant possesses a minimum net worth as set forth below:
General contractor .................................................. $10,000.00
Building contractor ................................................. 5,000.00
Residential contractor ............................................... 2,500.00
Sheet metal contractor .............................................. 5,000.00
Roofing contractor .................................................. 10,000.00
Class A A/C contractor .............................................. 10,000.00
Class B A/C contractor .............................................. 5,000.00
Mechanical contractor .............................................. 10,000.00
Commercial pooUspa contractor ...................................... 10,000.00
Residential pooUspa contractor ...................................... 5,000.00
Swimming pooUspa maintenance and repair contractor ................ 1,500.00
Electrical contractor ................................................ 10,000.00
Plumbing contractor ................................................ 10,000.00
Underground utility (water & sewer) contractor ....................... 10,000.00
Underground transmission contractor ................................ 10,000.00
Solar heater contractor ............................................. 2,500.00
All other specialty contractors ....................................... 2,500.00
An examining board shall not consider the value of an applicant's primary residence in
determining the applicant's net worth.
Supp. No. 99 2450
BUILDINGS AND BUILDING REGULATIONS § 2-5-12
(c) The applicant possesses a reputation of honesty, integrity and good character, and has
not been convicted of a misdemeanor involving moral turpitude or a felony during the
past five (5) years, or been found by the Florida Department of Professional Regula-
tion, the Florida Construction Industry Licensing Board, or the Florida Electrical
Contractors' Licensing Board to have violated state law or regulations pertaining to
the construction industry or the business of contracting. The lack of honesty, integrity
or good character may be established by evidence indicating that: (1) the applicant has
committed an act during the last three (3) years which, if committed by a licensed
contractor, would be grounds for the suspension or revocation of his certificate of
competency; (2) the applicant has committed an act during the last three (3) years
involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has
benefitted or whereby some injury has been sustained by another; or (3) the applicant
has refused during the last five (5) years to pay just bills of at least two (2) different
persons or firms.
(2) If the examining board determines from its review and investigation of the application
that the applicant is qualified to engage in the business of contracting, as defined herein, the
board shall cause a certificate of competency to be issued to the applicant; otherwise, the board
shall deny the application.
(3) The certificate of competency shall show on its face the type of contracting for which it
has been issued and shall further indicate that it is subject to revocation or suspension as
provided hereunder.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 93-10, Pt. G, 5-11-93)
Sec. 2-5-12. Same-Expiration.
(1) All certificates of competency shall expire annually at midnight on September 30.
(2) Failure to renew a certificate of competency during September shall cause the certificate
to become inoperative effective at midnight on September 30. It shall be unlawful for any
person to engage or hold himself out as engaging in contracting under an inoperative
certificate of competency.
(3) A certificate of competency which is inoperative as the result of failure to renew shall be
restored upon payment of the late renewal fee as prescribed by resolution of the board of
county commissioners within twelve (12) months of the expiration date.
(4) If a certificate holder fails to renew his certificate of competency within twelve (12)
months of its expiration date, the certificate holder shall be required to reapply for a certificate
of competency in the same manner as for an initial certificate of competency. A certificate
holder who is required to register with the State of Florida must have continuing education
within the five years from the date the certificate of competency expired or the certificate
holder would have to retake the required examination which he had previously taken and
obtained a passing score. A certificate holder who fails to renew his specialty contractor
certificate of competency within twelve (12) months of its expiration shall be required to
Supp. No. 99 2451
§ 2-5-12 ST. LUCIE COUNTY CODE
reapply for a certificate of competency in the same manner as for an initial certificate of
competency. The certificate holder would have to retake the required examination which he
had previously taken and obtain a passing score if the application is submitted after five (5)
years from the expiration date. The board of county commissioners shall prescribe the
application fee for such reapplication by resolution.
(5) A certificate holder may apply for inactive status pursuant to section 2-5-13.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 13-022, Pt. II, 7-16-13))
Sec. 2-5-13. Same-Voluntary inactive status.
(1) Upon receipt of a written request and payment of the inactive status fee from the holder
of a current and active certificate of competency, the community development director shall
place the certificate of competency on inactive status. The request for inactive status shall
contain the date the certificate of competency is to be placed on inactive status and shall be
signed and dated by the certificate holder. The holder of an inactive certificate of competency
shall not be permitted to engage in the business of contracting while the certificate remains on
inactive status.
(2) A certificate holder seeking to activate an inactive certificate of competency shall submit
the following to the community development director for presentation to the appropriate
examining board:
a. A completed application form;
b. Proof of payment of the application fee prescribed by resolution of the board of county
commissioners;
c. An original credit report not less than six (6) months old at the time of submittal;
d. An original financial statement not less than six (6) months old at the time of
submittal;
e. An original and valid certificate of insurance in the amounts and coverages as required
under Section 2-5-10; and
£ If an examination was required when the original certificate of competency was issued,
proof of having taken and passed, with a grade of seventy-five (75) per cent or higher
if the examination was taken on or before April 7, 1992, or with a grade of seventy (70)
per cent or higher if the examination was taken after April 7, 1992, an examination
approved by the appropriate examining board;
g. The holder of a reactivated certificate of competency shall not engage in the business
of contracting until a copy of the certificate holder's state-registered license has been
provided to the community development director.
(3) Applications for reactivation of an inactive certificate of competency will be processed
and reviewed in the same manner as an original application for a certificate of competency.
Supp. No. 99 2452
BUILDINGS AND BUILDING REGULATIONS § 2-5-15
(4) All holders of inactive certificates of competency shall pay the annual renewal fee for
inactive certificates during the month of September.
(5) The provisions of this section shall not apply to any employee of the United States, State
of Florida, of any county, municipality, or other political subdivisions, where the employee is
required to refrain from the business of contracting as a condition of his employment. Any
person seeking to obtain a voluntary inactive status under the provision of this subsection
shall submit written notice to the community development director along with verification of
employment and the employer's regulation restricting the ability of the employee to continue
engaging in the business of contracting during the term of his employment. Within thirty (30)
days of the date of termination of his employment, the employee shall notify the community
development director of the termination and (a) request the employee's certificate of compe-
tency be reinstated to active status pursuant to the requirements of subsection 2-5-17(4), or (b)
that the employee wishes to have his certificate placed on standard inactive status pursuant
to this section. Any employee of the United States, State of Florida, any county, municipality,
or political subdivision who is required to refrain from the business of contracting as a
condition of his employment shall be exempt from any fees associated with obtaining voluntary
inactive status for his certificate of competency pursuant to this subsection.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96)
Sec. 2-5-14. Change of status.
(1) In the event that there is a change in the status of a business organization or an
individual from that contained in an original application for a certificate of competency which
has been approved by an examining board, the certificate holder shall be required to submit a
new application which reflects the change in status. The certificate holder will not be required
to take the approved examination as part of the change of status application process if there
is no change in qualifying agent.
(2) An application for a change in status shall be submitted to the community development
director within forty-five (45) days of the date on which the change of status occurs.
(3) All applications for change of status shall be processed and reviewed in the same
manner as an initial application for a certificate of competency.
(4) A change of status of a business organization and/or a change of status of the contractor
shall cause the previously issued certificate of competency to be invalid and the certificate
holder shall not engage in the business of contracting under the previous certificate.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96)
Sec. 2-5-15. Reciprocity.
(1) The planning and services development director shall issue letters of reciprocity to
contractor licensing officials in other jurisdictions for those parties who have been issued a St.
Lucie County certificate of competency. A letter of reciprocity shall state the name and address
of the certificate holder, the type and class of certificate issued, the title, date, location, and
grade for the examination taken, and the current status of the certificate.
Supp. No. 99 2453
§ 2-5-15 ST. LUCIE COUNTY CODE
(2) The fee for the preparation and issuance of a letter of reciprocity shall be as prescribed
by resolution of board of county commissioners.
(3) In lieu of meeting the requirements of subsection 2-5-11(1)(b), the county shall accept
original letters of reciprocity from other jurisdictions only for those applicants who have
obtained a grade of seventy (70) percent or higher on a competency examination which has
been approved by the appropriate county examining board. Such letters of reciprocity shall be
on letterhead of the other jurisdiction's contractor licensing official and shall be signed by the
official or his designee. The letter of reciprocity shall contain the applicant's name and address,
the date and place the applicant took the competency examination, the name of the
examination, the grade obtained on the examination, a copy of the applicant's current credit
report, and the current status of the applicant's license. The date of the competency
examination shall not be older than five (5) years when it is submitted. If the date of the
competency examination is older than five (5) years, the applicant must provide proof of having
been working in their trade for that period. Upon receipt of proof of employment in the trade
for the last five years, the letter of reciprocity shall be accepted. A letter of reciprocity shall be
no older than six (6) months when it is submitted to the planning and services development
director.
(4) In addition to the reciprocity procedures set forth above, an applicant who holds a
current and valid certificate of competency issued by the City of Fort Pierce or the City of Port
St. Lucie shall be issued a county certificate of competency in the same contractor category
upon submission of following to the planning and services development director or his
designee:
(a) Completed application for a county certificate of competency and required application
fee.
(b) Proof of current and valid certificate of competency issued by City of Fort Pierce or City
of Port St. Lucie in the field of contracting for which he seeks a county certificate of
competency.
(c) Proof that the applicant has met all other criteria required pursuant to this ordinance
and the resolution establishing the scope of work for types of contractors adopted
pursuant to sections 2-5-2(8) and 2-5-2(14).
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 93-10, Pt. H, 5-11-93; Ord. No. 96-013, Pt. A, 5-28-96;
Ord. No. 13-022, Pt. II, 7-16-13))
Sec. 2-5-16. Death of certificate of competency holder.
(1) If work remains to be completed under a contract at the time of the death of a certificate
holder, the work may be completed by any person in accordance with this section. The person
seeking to complete the work under the contract shall provide written notice to the community
development director within thirty (30) days after the death of the certificate holder. Such
notice shall include the name and address of the person seeking to complete the contract, his
knowledge of the contract, and his ability to complete the work remaining under the contract.
Supp. No. 99 2454
BUILDINGS AND BUILDING REGULATIONS § 2-5-18
(2) If the deceased certificate holder was the only qualifying agent for the business
organization, the business organization shall have sixty (60) days from the date of the
certificate holder's death to employ another qualifying agent. During this period, the business
organization shall not commence any new construction until a qualifying agent is employed.
The business organization shall notify the community development director of the naive and
hire date of the new qualifying agent within five (5) days of the hire date. The new qualifying
agent shall obtain a certificate of competency as the qualifying agent for the business as
provided for in this article.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96)
Sec. 2-5-17. Qualifying agent.
(1) All applications for a certificate of competency, other than those submitted by an
individual, shall be submitted through a qualifying agent. The application must indicate that
the qualifying agent is authorized to act for the applicant in all matters connected with
contracting and that he is authorized and responsible to supervise any construction under-
taken by the applicant, including the supervision of employees on construction and/or job sites.
The qualifying agent must be duly licensed in order for the business organization with which
he is affiliated to be licensed. A qualifying agent shall serve as qualifier for no more than two
(2) businesses.
(2) A qualifying agent who has been designated as the sole qualifying agent for a business
organization may terminate his status as qualifying agent for that entity by giving written
notice to the business and the community development director. Such notice shall indicate
whether the qualifying agent intends to reapply as an individual or as the qualifying agent for
another entity. If the qualifying agent is astate-registered contractor, the county will not issue
any building permits to the qualifying agent until he provides the community development
director with a copy of his new state registration.
(3) In the event a qualifying agent ceases to be affiliated with a business entity which he
has qualified, the business entity shall notify the community development director within
thirty (30) days of the date of the termination and shall have sixty (60) days from the date of
the termination to hire another qualifying agent if it does not already employ another
qualifying agent. At any time during which the business entity does not have a qualifying
agent in its employ, it shall (a) engage in no new contracting work, and (b) provide only
warranty service as required under any existing warranty obligations. During the period when
the business entity does not have a qualifying agent, the business entity may continue to
complete any previously permitted building activity, but only to the extent that the work being
conducted is consistent with the issued building permit. If the business entity fails to obtain
a new qualifying agent within the required sixty-day period, all building permits previously
issued to the business entity under the former qualifying agents certification shall terminate.
(Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 96-013, Pt. A, 5-28-96)
Sec. 2-5-18. Restrictions on certificates of competency.
(1) A certificate of competency is not transferable.
Supp. No. 99 2454.1
§ 2-5-18 ST. LUCIE COUNTY CODE
(2) A certificate of competency holder may only engage in the type of work covered by the
certificate of competency issued.
Supp. No. 99 2454.2
CODE COMPARATIVE TABLE
Ordinance
Number Subject Section Disposition
13-18 Exemption from certain ad Arts. I-VIII Ch. 1-19.3, Art. V
valorem taxation for Invest-
ment Casting Specialists of
Florida (editor's note)
13-022 Licensing and examination Pt. II 2-5-9(2)e., 2-5-12,
of construction contractors 2-5-15
13-035 Abandoned property, garbage, Pt. A 1-9-19.5(e)
trash, junk and debris
Supp. No. 99 3752.19