HomeMy WebLinkAboutSupplement No. 100: 05-2014SUPPLEMENT NO. 100
May 2014
CODE
County of
ST. LUCIE, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 14-016, enacted April 1, 2014.
See the Code Disposition Table-Ordinances for further information.
Remove Old Pages
1X-XV
Checklist of up-to-date pages
SH:1
68.3-68.8
157-160.1
169, 170
267, 268
293-296
296.3, 296.4
347, 348
353-358
380.5-380.8
579-582
715-727
763, 764
807-810
871-873
918.3-920
971, 972
3752.19
3827-3835
3851, 3852
3855, 3856
3867-3868.1
3876.1-3882.1
3894.1-3897
Insert New Pages
1X-X V
Checklist of up-to-date pages
(following Table of Contents)
SH:1, SH:2
68.3-68.8
157-160.1
168.1
168.3-169
267, 268
292.1-295
296.3, 296.4
347, 348
353-360
380.5-380.8
579-582
715-720
721-728.6
763, 764
807-810
871-873
919-920.2
971-972.1
3752.19
3827-3835
3851-3852.1
3855, 3856
3867-3868.1
3877-3882.2
3895-3901
INSTRUCTION SHEET-Contd.
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
•
munico e
Municipal Code Corporation PO Box 2235 Tallahassee, FL 32316
info@municode.com 800.262.2633
fax 850.575.8852 www.municode.com
TABLE OF CONTENTS
Page
Officials of County ........................................... m
Preface ..................................................... v
Adopting Ordinance ......................................... vii
Checklist of Up-to-Date Pages ................................ [1]
Supplement History Table ................................... SH:1
PART I
CODE OF ORDINANCES
Chapter
1-1 General Provisions ..................................... 1
1-2 Administration ......................................... 55
Art. I. In General ................................... 55
Art. II. Officers and Employees ...................... 57
Art. III. Code Enforcement Board .................... 59
Art. IV. Purchasing ................................. 67
Div. 1. Generally ............................... 67
Div. 2. Competitive Purchase Bidding ............ 68.1
Div. 3. Design-Build Contracts ................... 68.1
Div. 4. Local Preference ......................... 68.4
Art. V. Lobbyist Registration and Reporting .......... 68.8
Art. VI. Criminal History Record Checks ............. 70.1
Art. VII. Graffiti .................................... 70.2
Art. VIII. Employee Separation Incentive Programs ... 70.6
Art. D~. Refueling Assistance for Persons with Disabil-
ities ....................................... 70.7
1-2.3 Airports and Aircraft .................................. 71
Art. I. In General ................................... 71
Art. II. General Provisions .......................... 79
Art. III. Airport Rules and Regulations ............... 82.5
Art. IV. General Aviation Minimum Standards ........ 82.32
1-2.5 Alarm Systems ....................................... 83
1-3 Alcoholic Beverages ..................................... 107
Art. I. In General ................................... 107
Art. II. Regulation of Open Containers ............... 107
Art. III. Specified Sexual Activities in Commercial Es-
tablishments ............................... 109
1-4 Animals and Fowl ...................................... 157
Art. I. In General ................................... 157
Art. II. Animal Control ............................. 157
Art. III. Registration ................................ 166.2
Supp. No. 100 ix
ST. LUCIE COUNTY CODE
Chapter Page
Art. IV. Animal Shelter Standards ................... 168.1
1-4.5 Art .................................................. 168.3
Art. I. Art in Public Places .......................... 168.3
1-5 Boating ................................................ 171
Art. I. Vessel Control and Water Safety .............. 171
1-5.5 Cable Television Franchise Ordinance .................. 181
1-6 Children ............................................... 261
Art. I. In General ................................... 261
Art. II. Parental Neglect ............................ 261
Art. III. Children's Services ......................... 262
Art. IV. Merchandising of Tobacco Products........... 267
1-6.3 Civil Defense and Emergency Management ............. 269
Art. I. Reserved .................................... 269
Art. II. Reserved ................................... 269
Art. III. Reserved ................................... 269
Art. IV Prohibitions on Price Gouging During Emergen-
cies ........................................ 269
1-6.5 Community Development .............................. 285
Art. I. In General ................................... 285
Art. II. Pine Valley Community Development District . 285
Art. III. Lake Lucie Community Development District 287
Art. IV. Reserve Community Development District .... 288
Art. V. Educational Facilities Impact Fee ............. 289
Art. VI. Reserve Community Development District #2 . 292.2
Art. VII. Tradition Community Development District
No. 1 ..................................... 294
Art. VIII. Tradition Community Development District
No. 2 ..................................... 296.1
Art. IX. Tradition Community Development District No.
3 .......................................... 296.4
Art. X. Tradition Community Development District No.
4 ........................................... 296.6
Art. XI. Southern Grove Community Development Dis-
trict No. 5 .................................. 296.8
Art. XII. Tradition Community Development District
No. 6 ..................................... 296.9
Art. XIII. Portofino Shores Community Development
District ................................... 296.9
Art. XIV. Creekside Community Development District. 296.13
Art. XV. Celebration Pointe Community Development
District .................................... 296.15
Art. XVI. Waterstone Community Development Dis-
trict ...................................... 296.17
Art. XVII. Sunnyland Farms Community Development
District .................................. 296.19
Art. XVIII. Reserved ................................ 296.21
Supp. No. 100 g
TABLE OF CONTENTS-Contd.
Chapter Page
1-6.8 Contractors .......................................... 297
Art. I. In General ................................... 297
Art. II. Unlicensed Contractors Enforcement Proce-
dures ....................................... 297
1-7 Courts ................................................. 313
Art. I. In General ................................... 313
Art. II. Alcohol and Other Drug Abuse Trust Fund .... 316
Art. III. Driver Education Safety Trust Fund ......... 318
1-7.5 Drainage and Erosion Control ......................... 337
Art. I. In General ................................... 337
Art. II. St. Lucie River .............................. 337
1-7.55 Economic Development ............................... 343
1-7.6 Environmental Protection ............................. 347
Art. I. In General ................................... 347
Art. II. Marine Sanitation ........................... 348
Art. III. On-Site Sewage Disposal Systems on
Hutchinson Island .......................... 351
Art. IV. Florida-Friendly Fertilizer Use ............... 353
1-7.7 National Pollutant Discharge Elimination Systems ...... 361
Art. I. In General ................................... 361
Art. II. Construction Site Erosion and Sediment Con-
trol ......................................... 366
Art. III. Illicit Stormwater Discharge and Connection . 368
1-7.8 Firearms ............................................. 371
1-7.9 Fire Protection ....................................... 373
Art. I. FireIEMS Protection Impact Fee .............. 373
Art. II. Fireworks .................................. 380.8
1-8 Fish and Game ......................................... 381
1-8.5 Reserved ............................................. 383
1-9 Garbage, Trash and Refuse .............................. 421
Art. I. In General ................................... 421
Art. II. Abandoned Property, Garbage, Trash, Junk and
Debris ...................................... 422
Art. III. Garbage and Trash Collection ............... 430.8
Art. IV. Mandatory Disposal ......................... 433
Art. V. Collection of Solid Waste and Recyclable Mate-
rials ........................................ 437
Div. 1. Generally ............................... 437
Div. 2. Mandatory Collection of Solid Waste ...... 443
Div. 3. Solid Waste Collection Service Agreements. 445
1-10 Health and Sanitation ................................. 465
Art. I. In General ................................... 465
Art. II. Sludge, Septage and Sewage Disposal......... 465
Supp. No. 100 X1
ST. LUCIE COUNTY CODE
Chapter Page
Art. III. Sewage Disposal Capacity ................... 469
Art. N St. Lucie County Cross Connection Control
Policy ...................................... 470
1-10.2 Reserved ............................................ 485
1-10.5 Housing ............................................. 515
Art. I. In General ................................... 515
Art. II. Housing Finance Authority .................. 515
Art. III. Fair Housing ............................... 516
Art. IV. State Housing Initiatives Partnership Program 522
1-11 Library ............................................... 565
Art. I. In General ................................... 565
Art. II. Libraries Impact Fee ........................ 567
1-12 Licenses, Permits and Miscellaneous Business Regulations 617
Art. I. In General ................................... 617
Art. II. Business Taxes and Regulations .............. 617
Art. III. Pari-mutuel Wagering Facilities ............. 627
1-12.5 Life Support Services ................................ 659
1-13 Reserved ............................................. 689
1-13.3 Motor Carriers ...................................... 697
Art. I. In General ................................... 697
Art. II. Licensure ................................... 697
1-13.5 Municipal Service Taxing Units ....................... 715
1-13.6 Municipal Service Benefit Units ...................... 721
1-13.8 Noise Control ....................................... 729
1-14 Offenses and Miscellaneous Provisions .................. 739
Art. I. In General ................................... 739
Art. II. Regulation of Distribution of Commercial Hand-
bills ........................................ 740
Art. III. Motor Vehicle Title Loans ................... 742
1-14.5 Officers and Employees .............................. 763
Art. I. In General ................................... 763
Art. II. Deferred Compensation Program ............. 763
1-15 Parks and Recreation .................................. 789
Art. I. In General ................................... 789
Art. II. Regulations for Properties and Facilities Owned
or Leased by County ......................... 790
Art. III. Parks Impact Fee .......................... 796
1-15.5 Pawnbrokers and Secondhand Dealers ................ 827
1-16 Planning ............................................. 849
Art. I. In General ................................... 849
Art. II. Comprehensive Plan ......................... 849
Supp. No. 100 xii
TABLE OF CONTENTS-Contd.
Chapter Page
Art. III. Reserved ................................... 851
Art. IV Reserved ................................... 851
Art. V. Reserved .................................... 851
1-16.2 Public Property ...................................... 855
Art. I. Disposition of Surplus Real Property .......... 855
Art. II. Airport West Commerce Park Leasing Stan-
dards and Procedures ........................ 856.2
Art. III. Neighborhood Stabilization Program Sales Stan-
dards and Procedures ....................... 856.3
1-16.3 Public Buildings ..................................... 857
Art. I. In General ................................... 857
Art. II. Public Buildings Impact Fee ................. 857
1-16.5 Railroads ........................................... 879
1-16.7 5 Reseach and Development; Treasure Coast Education,
Research and Development Authority ................ 885
1-17 Roads and Bridges .................................... 903
Art. I. In General ................................... 903
Art. II. Special Improvement Service District ......... 904
Art. III. Roads Impact Fee .......................... 907
Art. IV. Building and Equipment Moving ............. 924.8
Art. V. Street and House Naming and Numbering .... 927
Art. VI. Reserved ................................... 930
1-18 Sheriff ................................................ 957
Art. I. In General ................................... 957
Art. II. Law Enforcement Impact Fee ................ 958
Art. III. Restrictions on Residence for Sexual Offenders
and Sexual Predators ....................... 973
Art. IV. Secondary Metals Recyclers ................. 974
1-19 Sustainability and Energy Improvement ................ 1005
Art. I. St. Lucie County Energy Improvement District. 1005
Art. II. St. Lucie County Property Assessed Clean En-
ergy Improvements .......................... 1012
1-19.3 Taxation ............................................ 1035
Art. I. In General ................................... 1035
Art. II. Reserved ................................... 1035
Art. III. Tourist Development Tax .................... 1035
Art. IV. Local Option Motor Fuel Tax ................ 1039
Art. V. Economic Development Ad Valorem Tax Exemp-
tions ........................................ 1040
Art. VI. Discretionary Sales Surtax .................. 1045
Art. VII. Ninth Cent Gas Tax ........................ 1047
Art. VIII. Homestead Exemption for Persons 65 and
Older .................................... 1047
1-19.5 Tourism ............................................. 1049
Art. I. In General ................................... 1049
Supp. No. 100 x111
ST. LUCIE COUNTY CODE
Chapter Page
Art. II. St. Lucie County Tourist Development Council 1049
1-20 Traffic ................................................ 1065
Art. I. In General ................................... 1065
Art. II. Stopping, Standing and Parking .............. 1069
Div. 1. Generally ............................... 1069
Div. 2. Handicapped, Fire Lanes, Properties Owned
or Leased by County, Road Rights-of--Way
Owned or Leased by State, Parking Prohib-
ited ..................................... 1075
Div. 3. Restrictions on Heavy Vehicles and Equip-
ment in Residential Districts ............. 1078
Art. III. Bicycle Safety .............................. 1082
Art. IV. Off-Road Vehicles ........................... 1082
1-20.5 Water and Sewer .................................... 1095
Art. I. Regulation of Water and Sewer Utilities ....... 1095
Art. II. Water Shortage Plan ........................ 1096
Art. III. Fluoridation of Water Systems .............. 1099
Art. IV. Uniform Water and Sewer Service Policy ..... 1099
Art. V. St. Lucie County Water and Sewer District .... 1101
Art. VI. Industrial Pretreatment ..................... 1102
1-21 Welfar e ... ............................................ 1127
Appendix
A. Reserved .............................................. 1615
B. Reserved .............................................. 1987
PART II
COMPILED LAWS
2-1 Administration ......................................... 2231
Art. I. In General ................................... 2231
Art. II. County Administrator ....................... 2236
Art. III. Officers and Employees ..................... 2236
2-2 Advertising ............................................ 2287
2-3 Animals and Fowl ...................................... 2337
Art. I. In General ................................... 2337
Art. II. Dogs ....................................... 2337
Art. III. Animal Control ............................. 2338
2-4 Boats and Waterways ................................... 2389
2-5 Buildings and Building Regulations ...................... 2439
Art. I. Licensing and Examination of Construction Con-
tractors ..................................... 2439
Art. II. Reserved ................................... 2459
Art. III. Unsafe Buildings and Structures ............ 2459
Supp. No. 100 xlv
TABLE OF CONTENTS-Contd.
Chapter Page
2- 6 Drainage and Erosion Control ........................... 2501
Art. I. In General ................................... 2501
Art. II. St. Lucie County Erosion District ............. 2502
2- 6.5 Environmental Control ................................ 2535
2- 7 Fish and Game ......................................... 2563
2- 8 Garbage, Trash and Refuse .............................. 2615
2- 9 Health and Sanitation .................................. 2671
Art. I. In General ................................... 2671
Art. II. St. Lucie County Mosquito Control District.... 2672
2- 10 Libraries ............................................. 2735
Art. I. In General ................................... 2735
Art. II. Law ........................................ 2736
2- 11 Offenses and Miscellaneous Provisions .................. 2787
2- 12 Parks and Recreation .................................. 2837
Art. I. In General ................................... 2837
Art. II. Beach Preservation Act ...................... 2837
2- 13 Peddlers and Hawkers ................................. 2895
Art. I. In General ................................... 2895
Art. II. Permits ..................................... 2895
2- 14 Planning ............................................. 2947
Art. I. In General ................................... 2947
Art. II. Subdivision Regulations ..................... 2947
Art. III. Zoning and Building Regulations ............ 2949
2- 15 Reserved ............................................. 3005
2- 16 Public Improvements .................................. 3063
Art. I. In General ................................... 3063
Art. II. Street Lighting Districts ..................... 3063
2- 17 Water ................................................ 3119
2- 18 Welfare ............................................... 3169
Code Comparative Table-Resolutions ........................ 3671
Code Disposition Table-Ordinances .......................... 3723
Statu tory Reference Table .................................... 3827
Code Index ................................................. 3849
Supp. No. 100 xv
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, 68.4 100
iii OC 68.5, 68.6 100
v, vi OC 68.7, 68.8 100
vii, viii OC 69, 70 64
ix, x 100 70.1, 70.2 97
xi, xii 100 70.3, 70.4 80
xiii, xiv 100 70.5, 70.6 87
xv 100 70.7, 70.8 96
SH:1, SH:2 100 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
G6.1, 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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82.13, 82.14 81 159, 160 100
82.15, 82.16 81 160.1 100
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 97 168.1 100
82.31, 82.32 81 168.3, 168.4 100
82.33, 82.34 81 169 100
82.35, 82.36 81 170.1, 170.2 91
82.37, 82.38 81 170.3, 170.4 91
82.39, 82.40 81 171, 172 52
82.41, 82.42 81 173, 174 52
82.43, 82.44 81 175, 176 52
82.45, 82.46 81 177 52
82.47, 82.48 81 181, 182 51
82.49, 82.50 81 183, 184 51
82.51, 82.52 81 185, 186 51
82.53, 82.54 81 187, 188 51
82.55, 82.56 81 189, 190 51
82.57, 82.58 81 191, 192 51
82.59, 82.60 81 193, 194 51
82.61, 82.62 81 195, 196 51
82.63, 82.64 81 197, 198 51
82.65, 82.66 81 199, 200 51
83, 84 55 201, 202 51
85, 86 55 203, 204 51
87, 88 97 205, 206 51
89, 90 97 207, 208 51
91, 92 75 209, 210 51
107, 108 88 211, 212 51
109 32 213, 214 51
111, 112 19 215, 216 51
113, 114 19 217, 218 51
115 19 219 51
157, 158 100 221, 222 49
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Page No. Supp. No. Page No. Supp. No.
223, 224 49 317, 318 86
225 49 319 86
261, 262 58 337, 338 20
263, 264 58 339 81
265, 266 58 343, 344 81
267, 268 100 345 97
269, 270 59 347, 348 100
271, 272 9/ 348.1 90
285, 286 87 349, 350 34
286.1 78 351, 352 34
287, 288 70 353, 354 100
288.1 63 355, 356 100
289, 290 67 357, 358 100
291, 292 71 359, 360 100
292.1, 292.2 100 361, 362 78
293, 294 100 363, 364 78
295 100 365, 366 78
296.1, 296.2 79 367, 368 78
296.3, 296.4 100 369, 370 78
296.5, 296.6 75 371 73
296.7, 296.8 75 373, 374 g7
296.9, 296.10 75 375, 376 73
296.10.1, 296.10.2 75 377, 378 56
296.10.3, 296.10.4 75 379, 380 56
296.10.5, 296.10.6 75 380.1, 380.2 56
296.11, 296.12 70 380.3, 380.4 56
296.13, 296.14 70 380.5, 380.6 100
296.15, 296.16 74 380.7, 380.8 100
296.17, 296.18 74 380.9, 380.10 66
296.19, 296.20 77 381 g7
296.21 87 383 29
297, 298 39 421, 422 95
299, 300 39 423, 424 g7
301, 302 39 424.1, 424.2 97
303, 304 39 425, 426 8g
305 42 427, 428 97
313, 314 88 429, 430 gg
315, 316 85 430.1, 430.2 g5
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Page No. Supp. No. Page No. Supp. No.
430.3, 430.4 95 625, 626 79
430.5, 430.6 95 627 97
430.7, 430.8 95 659, 660 43
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, 716 100
517, 518 32 717, 718 100
519, 520 32 719, 720 100
521, 522 35 721, 722 100
523, 524 82 723, 724 100
525, 526 82 725, 726 100
565, 566 97 727, 728 100
567, 568 57 728.1, 728.2 100
569, 570 90 728.3, 728.4 100
570.1 56 728.5, 728.6 100
571, 572 42 729, 730 77
573, 574 56 731, 732 77
575, 576 42 733, 734 77
577, 578 56 739, 740 g7
579, 580 100 741, 742 97
581, 582 100 763, 764 100
617, 618 79 789, 790 68
619, 620 79 791, 792 91
621, 622 79 793, 794 86
623, 624 91 794.1 g6
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795, 796 71 907, 908 71
797, 798 71 909, 910 85
798.1, 798.2 85 911, 912 85
798.3, 798.4 71 913, 914 85
798.5 71 915, 916 85
799, 800 42 917, 918 85
801, 802 56 918.1, 918.2 85
803, 804 42 919, 920 100
805, 806 56 920.1, 920.2 100
807, 808 100 921, 922 82
809, 810 100 923, 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 g7
862.1 85 965, 966 68
862.1, 862.2 71 967, 968 68
862.3 71 969, 970 90
863, 864 42 971, 972 100
865, 866 56 972.1 100
867, 868 42 973, 974 93
869, 870 42 975, 976 93
871, 872 100 977, 978 93
873 100 1005,1006 g7
879 71 1007, 1008 87
885, 886 71 1009, 1010 g7
903, 904 77 1011, 1012 g7
904.1 77 1013 g7
905, 906 56 1035, 1036 92
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1036.1 92 1123, 1124 97
1037, 1038 34 1125, 1126 97
1039, 1040 98 1126.1, 1126.2 97
1040.1 98 1126.3, 1126.4 97
1041, 1042 84 1126.5, 1126.6 97
1043, 1044 84 1126.7, 1126.8 97
1044.1 84 1126.9 97
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
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2515 53 3725, 3726 OC
2535, 2536 12 3727, 3728 1
2537, 2538 12 3729, 3730 10
2539, 2540 12 3731, 3732 14
2541, 2542 12 3733, 3734 14
2543 12 3735,3736 19
2563, 2564 OC 3737, 3738 18
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, 267G 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 3752.19 100
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 100
[7]
Supp. No. 100
ST. LUCIE COUNTY CODE
Page No. Supp. No.
3829, 3830 100
3831, 3832 100
3833, 3834 100
3835 100
3849, 3850 85
3851, 3852 100
3852.1 100
3853, 3854 95
3854.1, 3854.2 90
3855, 3856 100
3856.1 91
3857, 3858 74
3859, 3860 87
3861, 3862 97
3862.1 g 7
3863, 3864 87
3865, 3866 87
3867, 3868 100
3868.1 100
3869, 3870 88
3871, 3872 95
3873, 3874 96
3874.1, 3874.2 96
3875, 3876 97
3877, 3878 100
3879, 3880 100
3881, 3882 100
3882.1, 3882.2 100
3883, 3884 97
3885, 3886 91
3887, 3888 91
3889, 3890 93
3891, 3892 93
3893, 3894 93
3895, 3896 100
3897, 3898 100
3899, 3900 100
3901 100
[8]
Supp. No. 100
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-Oll 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
13-040 10-15-2013 Include 100
13-041 11- 5-2013 Include 100
Supp. No. 100 SII:1
ST. LUCIE COUNTY CODE
Ord.~~T~o.~ -.~ ~ ~al,+e ~
- ~ .~.~sdopted E ~nciudedl
_OpuYtt~ed~'' ~-
~-~u~p:~~7o.~
14-001 1- 7-2014 Include ~ 100
14-002 1- 7-2014 Include 100
2014-3 1- 7-2014 Include 100
14-005 2- 4-2014 Include 100
14-006 2- 4-2014 Include 100
14-007 2- 4-2014 Include 100
14-008 2- 4-2014 Include 100
14-010 4- 1-2014 Include 100
14-011 4- 1-2014 Include 100
14-012 4- 1-2014 Include 100
14-013 4- 1-2014 Include 100
14-014 4- 1-2014 Include 100
14-015 4- 1-2014 Include 100
14-016 4- 1-2014 Include 100
supp. No. ioo SH:2
ADMINISTRATION § 1-2-49
(b) Design criteria professional.
(1) Acceptable entities who may act as the design criteria professional include, but are not
limited to:
a. Licensed professional engineers, architects and landscape architects employed by
the county.
b. A licensed engineering, architectural, or landscape architectural firm providing
management services to the county where the county has the authority to request
such services and the firm was selected pursuant to section 287.055, Florida
Statutes.
c. Engineering, architectural, and landscape architectural firms selected by the
county pursuant to section 287.055, Florida Statutes, to be the design criteria
professional.
(2) A design criteria professional who has been selected to prepare the design criteria
package shall not be eligible to render services under adesign-build contract executed
pursuant to the design criteria package.
(3) The county administrator shall consult with the design criteria professional concern-
ing its duties which include, but are not limited to:
a. Evaluation of the responses or bids submitted by the design-build firms,
b. Supervision or approval by the county of the detailed working drawings of the
project; and
c. Evaluation of whether the project construction complies with the design criteria
package.
(Ord. No. 91-06, Pt. A, 1-15-91)
Sec. 1-2-49. Selection procedures.
(a) Public announcement. The county administrator shall publicly advertise in a uniform
and consistent manner the fact that design-build services are required on each occasion when
design-build services are required except in cases of valid public emergencies as declared by
the board. The advertisement shall include a general description of the project and shall
indicate how, and the time within which, interested design-build firms may apply for
consideration.
(b) Legal qualifications. Any firm or individual desiring to provide design-build services to
the board must first be determined legally qualified. Such legal qualifications are:
(1) Firms must be properly certified to engage in contracting through a certified or
registered general contractor or a certified or registered building contractor as the
qualifying agent; and
(2) Firms must be properly certified or licensed or practice or to offer to practice
engineering, architecture, or landscape architecture; and
Supp. No. 100 68.3
§ 1-2-49 ST. LUCIE COUNTY CODE
(3) The firm shall be duly qualified to perform its proposed service under any other
applicable law.
(c) Professional services committee. A professional services committee (PSC) appointed by
the county administrator shall be used to select design-build firms for recommendations to the
board.
(d) Request for proposals. The county administrator shall develop a request for proposals
(RFP) to solicit proposals from interested, qualified design-build firms. The RFP shall contain
as a minimum the following:
(1) The design criteria package.
(2) Basis and method for selection.
(3) Requirements for determining qualifications of firms submitting proposals.
(4) Terms and conditions of the proposed agreement.
(5) Other items as required by procedure, laws, ordinance, or prevailing circumstances.
(Ord. No. 91-06, Pt. A, 1-15-91)
Sec. 1-2-50. Delegation of authority.
In addition to the general selection procedures set forth in this article, the county
administrator shall implement selection procedures which shall include, but are not limited to:
(1) Specific RFP requirements;
(2) Oral presentation, where appropriate;
(3) Method of scoring and ranking;
(4) Accelerated procedures, where appropriate; and
(5) Method of evaluating performance of design-build firms.
(Ord. No. 91-06, Pt. A, 1-15-91)
DIVISION 4. LOCAL PREFERENCE
Sec. 1-2-51. Local preference in purchasing or contracting.
Except where otherwise provided by federal or state law or other funding source restrictions
or as otherwise set forth in the purchasing policy, St. Lucie County shall give preference to
local businesses in the following manner:
(a) "Local Business" defined:
"Local business." For purposes of this section, "local business" shall mean a business
which meets all of the following criteria:
(1) Has had a fixed office or distribution point located in and having a street address
within St. Lucie, Indian River or Martin County for at least one year immediately
prior to the issuance of the request for competitive bids or request for proposals
Supp. No. loo 68.4
ADMINISTRATION § 1-2-51
by the county. The fixed office or distribution point must be staffed. Post office
boxes are not verifiable and shall not be used for the purpose of establishing a
physical address; and
(2) Holds any business license required by St. Lucie County; and
(3) Is the principal offeror who is a single offeror; a business which is the prime
contractor and not a subcontractor; or a partner or joint venturer submitting an
offer in conjunction with other businesses.
(b) Certification. Any vendor claiming to be a local business as defined by subsection
1-2-51(a) above, shall so certify in writing to the purchasing division. The certification
shall provide all necessary information to meet the requirements of subsection
1-2-51(a) above. The purchasing agent shall not be required to verify the accuracy of
any such certifications, and shall have the sole discretion to determine if a vendor
meets the definition of a "local business."
(c) [Classification as independent contractors.] The bidder/proposer and all lower tiered
subcontractors under the bidder/proposer must properly classify employees as employ-
ees rather than independent contractors and treat them accordingly for purposes of
workers' compensation insurance coverage, unemployment taxes, social security taxes
and income tax withholding.
(d) [Non-local business.] "Non-local business" means a bidder which is not a local business
(e) Preference in purchase of commodities and services by means of competitive bid.
Preference in purchase of commodities and services by means of competitive bid.
Under any such applicable solicitation, bidders/proposers desiring to receive local
preference will be invited and required to affirmatively state and provide documenta-
tion as set forth in the solicitation in support of their status as a local business. Any
bidder who fails to submit sufficient documentation with their bid offer shall not be
granted local preference consideration for the purposes of that specific contract award.
Except where federal or state law, or any other funding source, mandates to the
contrary, St. Lucie County and its agencies and instrumentalities, will give preference
to local businesses in the following manner:
Competitive bid (local price match option). Each formal competitive bid solicitation (i.e.
sealed bids) shall clearly identify how the price order of the bids received will be
evaluated and determined. When a qualified and responsive, non-local business
submits the lowest price bid, and the bid submitted by one or more qualified and
responsive local businesses is within five percent of the price submitted by the
non-local business, then the local business with the apparent lowest bid offer (i.e.; the
lowest local bidder) shall have the opportunity to submit an offer to match the price(s)
offered by the overall lowest, qualified and responsive non-local bidder. In such
instances, staff shall first verify if the lowest non-local bidder and the lowest local
bidder are in fact qualified and responsive bidders. Next, the purchasing division shall
determine if the lowest local bidder meets the requirements of F.S. § 287.087. If the
lowest local bidder meets the requirements of F.S. § 287.087, the purchasing division
Supp. No. 100 68.5
§ 1-2-51 ST. LUCIE COUNTY CODE
shall invite the lowest local bidder in writing to submit a matching offer to the
purchasing division which shall be submitted in writing to the purchasing division
within five (5) business days thereafter. If the lowest local bidder submits a written
offer that does not fully match the lowest bid from the lowest non-local bidder tendered
previously, the next lowest fully qualified local bidder will be given the opportunity to
match if they are within five (5) per cent. This cycle shall be repeated until there are
no remaining local bidders within five (5) per cent, then award shall be made to the
non-local bidder. If the lowest local bidder does not respond, declines or is unable to
match the lowest non-local bid price(s), then award will be made to the lowest overall
qualified and responsive bidder. If the lowest local bidder does not meet the require-
ment of F.S. § 287.087, and the lowest non-local bidder does, the lowest local bidder will
be disqualified and the next lowest local bidder will be considered if they are within
five (5) percent, award will be made to the bidder that meets the requirements of the
referenced state law. In the event a local bidder is awarded a contract pursuant to this
section, all requests for change orders increasing the cost of the project must be
approved by the board of county commissioners.
(f) Preference in requests for proposals. In purchasing of, or letting or contracts for
procurement of, personal property, materials, contractual services, and construction of
improvements to real property or existing structures for which a request for proposals
is developed with evaluation criteria, a local preference of the total score may be
assigned for a local preference, as follows:
Local businesses which meet all of the criteria for a local business as set forth in this
article, shall be given a preference in the amount of five (5) per cent of the total score
of the local business.
Based upon analysis of the marketplace for each project, staff shall make a recom-
mendation for or against inclusion of a local preference in the criteria for consideration
by the Board as a part of the pre-publication process for each request for proposal or
bid.
(g) Notice. Both bid documents and request for proposal documents shall include notice to
vendors of the local preference policy.
(h) Waiver of the application of local preference. The application of local preference to a
particular purchase or contract for which the board of county commissioners is the
awarding authority may be waived upon approval of the board of county commission-
ers.
(i) Comparison of qualifccations. The preferences established herein in no way prohibit
the right of the board of county commissioners to compare quality of materials
proposed for purchase and compare qualifications, character, responsibility and fitness
of all persons, firms or corporations submitting bids. Further, the preferences estab-
lished herein in no way prohibit the right of the Board from giving any further
preference permitted by law instead of the preferences granted herein.
Supp. No. 100 68.6
ADMINISTRATION § 1-2-51
(j) Reciprocity. In the event any other Florida county or municipality ("local government")
deemed appropriate by the St. Lucie County Board of County Commissioners, extends
preferences to local businesses, St. Lucie County may enter into an interlocal
agreement with such local government wherein the preferences of this section may be
extended and made available to vendors that have a valid occupational license issued
by that specific local government to do business in that local government that
authorizes the vendor to provide the commodities and services to be purchased, and a
physical business address located within the limits of that local government. Post office
boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. Vendors must also be authorized to do business in St. Lucie County.
Vendors shall affirm in writing their compliance with the foregoing at the time of
submitting their bid to be eligible for consideration as a "local business" under this
section. In no event shall the amount of the preference accorded other local govern-
ment firms exceed the amount of preference that such local government extends to St.
Lucie County firms competing for its contracts.
(k) Purview and administration of this policy. This policy shall apply to all departments
and units under the direct purview of the board of county commissioners. The
management and budget department shall be responsible for developing, implement-
ing and maintaining administrative procedures in support of this policy.
(1) Subsequent review and sunset provision. Pursuant to this division, this local preference
section is being added to the purchasing policy in support of the local economy during
difficult economic times in St. Lucie County. On or about six (6) months after the
effective date, the management and budget department will provide the board with an
update of the results and impacts to date of this local preference policy as well as the
status of regional reciprocity for St. Lucie County businesses in Indian River County
and Martin County. Within one (1) year of the first bid award under this policy is
awarded, the board shall receive a similar report from the management and budget
department and shall determine whether to continue or modify this policy. Nothing in
this section shall prevent the board from taking action sooner to revise or remove this
local preference policy.
(m) Limitations.
(1) The provisions of this division shall apply only to procurements which are above
the formal bid threshold as set forth in the St. Lucie County Purchasing Manual.
(2) The provisions of this division shall not apply where prohibited by federal or
Florida law or where prohibited under the conditions of any grant.
(3) The provisions of this division shall not apply to any purchase exempted from the
provisions of the St. Lucie County Purchasing Manual.
(4) The provisions of this division shall not apply to contracts made under the
Consultants Competitive Negotiations Act (CCNA), F.S. § 287.055.
Supp. No. 100 68 7
§ 1-2-51 ST. LUCIE COUNTY CODE
(5) The provisions of this division shall not be applied to any procurement where the
local nature of a business has been addressed through the scoring criteria.
(n) Incorporation into purchasing manual. Upon adoption, the provisions of the local
preference policy and procedures shall be incorporated into the purchasing manual.
(Ord. No. 09-005, Pt. B, 4-21-2009; Ord. No. 14-002, Pt. A, 1-7-14)
Secs. 1-2-52-1-2-60. Reserved.
ARTICLE V. LOBBYIST REGISTRATION AND REPORTING*
Sec. 1-2-61. Title.
This article shall be referred to as the "St. Lucie County Lobbyist Registration, Disclosure
and Reporting Law."
(Ord. No. 88-30, Pt. A, 5-3-88; Ord. No. 91-06, Pt. B, 1-15-91)
*Editor's note-Part B of Ord. No. 91-06, adopted Jan. 15, 1991, renumbered §§ 1-2-45-
1-2-49 of Art. V as §§ 1-2-61-1-2-65 to allow for inclusion of Art. IV, Div. 3.
Supp. No. 100 68 8
Chapter 1-4
ANIMALS AND FOWL*
Art. I. In General, §§ 1-4-1-1-4-15
Art. II. Animal Control, §§ 1-4-16-1-4-28
Art. III. Registration, §§ 1-4-29-1-4-33
Art. IV Animal Shelter Standards, §§ 1-4-34-1-4-36
ARTICLE I. IN GENERAL
Secs. 1-4-1-1-4-15. Reserved.
ARTICLE II. ANIMAL CONTROL~i-
Sec. 1-4-16. Definitions.
As used in this article, the following terms shall have the indicated meaning.
Animal. Any live, vertebrate creature, domestic or wild; but if the context requires, may
refer to only a dog, cat, bird or livestock.
Animal control nicer. Any person employed or appointed by the board of county commis-
sioners who is authorized to investigate, on public or private property, civil infractions relating
to animal control, animal cruelty, licensure of animals, or seizure and impoundment of animals
and to issue citations as provided in this act. An animal control officer is not authorized to
make arrests or to bear arms. However, such officer may carry a device to chemically subdue
and tranquilize an animal, provided that such officer has successfully completed a minimum
of sixteen (16) hours of training in marksmanship, equipment handling, safety and animal
care, and can demonstrate proficiency in chemical immobilization of animals in accordance
with guidelines prescribed in the Chemical Immobilization Operational Guide of the American
Humane Association.
Animal shelter. Any public or private organization existing for the purpose of rescuing and
sheltering animals or a person who rescues and shelters animals, either of which places
animals for adoption, whether for a fee, a donation, or for free.
Bird. Any animal of the aves species, regardless of sex.
*Cross reference-Special act provisions relating to animals and fowl, Ch. 2-3.
'Editor's note-Former Art. II, animal control, was amended in its entirety to read as
herein set out by Pt. A of Ord. No. 87-27, adopted Aug. 25, 1987. Prior to amendments, Art. II
contained §§ 1-4-16-1-4-20 and derived from Ord. No. 80-1, §§ 1-4, adopted Feb. 5, 1980 and
Ord. No. 82-5, § 1, adopted April 20, 1982.
Cross reference-Dogs or other animals not permitted on beach areas owned or leased by
county, § 1-15-25.
Supp. No. 100 157
§ 1-4-16 ST. LUCIE COUNTY CODE
Breeder. Any person other than a pet seller registered pursuant to section 1-4-31, as
provided herein, governmental entity, or non-profit corporation which has been granted
501.C(3) status by the Internal Revenue Service, who owns, keeps, harbors, maintains, or has
custody of any dog or cat which produce a total of two (2) or more litters during atwelve-month
period.
Cat. Any animal of the feline species, regardless of sex.
Citation. A written notice issued to a person by an officer who has probable cause to believe
that the person has committed an act in violation of this article.
The citation shall contain:
(1) The date and time of issuance.
(2) The name and address of the person.
(3) The date and time the civil infraction was committed.
(4) The facts constituting probable cause.
(5) The ordinance section violated.
(6) The name and authority of the officer.
(7) The procedure for the person to follow in order to pay the civil penalty, to contest the
citation, or to appear in court as required pursuant to section 1-4-26.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time
allowed, or fails to appear in court to contest the citation, then he shall be deemed to
have waived his right to contest the citation and that, in such case, he may be held in
contempt of court and/or judgment may be entered against the person for an amount
up to the maximum civil penalty.
(11) A conspicuous statement that if the person is required to appear in court as mandated
by section 1-4-26, he does not have the option of paying the fine in lieu of appearing in
court.
Control. Possession, ownership, care, and custody of animals.
Controlled burial. Burying at least two (2) feet below the surface of the ground and one
hundred (100) feet from any water well.
Cruelty. Any act of neglect, torture, or torment that causes the unjustifiable pain or
suffering of an animal.
Dog. Any animal of the canine species, regardless of sex.
Domestic animal. Any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other
domesticated beast or bird.
Supp. No. 100 158
ANIMALS AND FOWL § 1-4-16
Leash or lead. A cord, rope, chain, or similar device which holds an animal under restraint
and is not more than six (6) feet in length.
Livestock. Horses, mules, cattle, sheep, goats, swine, and other grazing animals.
Officer. Any law enforcement officer defined in F.S. § 943.10, or any animal control officer.
Owner. Any person, firm, partnership, corporation, organization, or two (2) or more persons
having a joint or common interest, or any other association, owning, keeping, possessing,
harboring or having control or custody of one (1) or more an animals, including any custodian
or person's parent or guardian. An animal shall be deemed to be harbored if it is fed or
sheltered for five (5) consecutive days or more. There shall be a rebuttable presumption that
the person's name appearing on the animal's registration or radio frequency identification
device (RFID), commonly known as a "microchip," is the owner. This definition of "owner" shall
not be considered as sole grounds for establishing legal ownership of an animal for purposes
beyond the terms of the St. Lucie Code of Ordinances and Compiled Laws or the St. Lucie
County Land Development Code.
Pet seller. Any person or entity, other than a registered breeder pursuant to section 1-4-31,
governmental entity, or non-profit corporation which has been granted 501.C(3) status by the
Internal Revenue Service, who offers for sale one (1) or more dogs or cats.
Public nuisance.
(1) Any animal which:
a. Attacks passersby or passing vehicles without provocation;
b. Attacks any other animal;
c. Is repeatedly at large and not under restraint;
d. Damages private or public property;
e. Repetitively barks, whines, howls, chirps, caws, or whistles for a period of five (5)
minutes or more so as to disturb adjacent residents, except the following:
Animals located on property zoned AG-1, AG-2.5, AG-5, AR-1 with agricul-
tural classification pursuant to F.S. § 193.461, or PUD where livestock is
permitted,
Animals located on property on which livestock is permitted as a noncon-
forming use, or
3. Birds and livestock located on property zoned AR-1.
£ Causes an annoyance in the neighborhood by acts such as overturning garbage
cans, defecating, digging holes on other than its owner's property, or such other
acts as are generally regarded to create an annoyance.
Supp. No. l00 159
§ 1-4-16 ST. LUCIE COUNTY CODE
(2) Any activity, such as, but not limited to, the feeding of wild animals or fowl which:
a. Causes the fouling of the air by odor and thereby creates unreasonable annoyance
or discomfort to those in close proximity to the premises where the animals or
fowl congregate; or
b. Causes a sanitary nuisance as defined in F.S. § 386.01.
(3) Nothing in this section shall be interpreted to contravene the provisions of the "Florida
Right to Farm Act", F.S. § 823.14.
Under restraint. Any animal secured by a leash or lead.
Vicious animal. Any fierce or dangerous animal that constitutes a physical threat to human
beings or other animals; or any animal for which the animal control officer has documentation
to establish that the animal has bitten any person or other animal on two (2) separate
occasions without provocation within a period of one (1) year.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94; Ord. No. 03-10, Pt. A, 2-4-2003;
Ord. No. 03-19, Pt. A, 8-19-2003; Ord. No. 07-010, Pt. B, 4-3-2007; Ord. No. 09-014, Pt. B,
6-16-2009; Ord. No. 13-040 Pt. A, 10-15-13)
Sec. 1-4-17. Public nuisance prohibited.
It shall be unlawful for any owner to permit his or her animal to become a public nuisance
or for any individual to create a public nuisance as defined herein.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-18. Animals in estrus.
Any dog or cat in estrus must be humanely confined in a building or secure enclosure in such
a manner that such dog or cat cannot come into contact with another animal except for planned
breeding.
(Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-19. Vicious animals.
It shall be unlawful for any owner to keep any vicious animal within the county unless it is
confined within a secure building or secure enclosure or unless it is securely muzzled and
under restraint.
(Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94)
Sec. 1-4-20. Dangerous dogs.
(a) Adoption of Sections 767.10 through 767.14, Florida Statutes, (1993 and 1994). Sections
767.10, Florida Statutes, through and including Section 767.14, Florida Statutes (1993), and
all subsequent amendments regulating dangerous dogs, as defined in Section 767.11(1),
Florida Statutes, are adopted by reference and incorporated herein and shall apply to the
unincorporated areas of the county.
Supp. No. 100 160
ANIMALS AND FOWL § 1-4-20
(b) Fee. The annual fee for issuance of dangerous dog certificates of registration shall be
established by resolution of the board of county commissioners.
(c) Classification.
(1) The public safety manager shall investigate reported incidents involving any dog that
may be dangerous, as defined in F.S. § 767.11(1), and shall, if possible, interview the
owner and require a sworn affidavit from any person, including any animal control
officer or enforcement officer, desiring to have a dog classified as dangerous. Any dog
that is the subject of a dangerous dog investigation, that is not impounded by the
county, shall be humanely and safely confined by the owner in a securely fenced or
enclosed area pending the outcome of the investigation and resolution of any hearings
related to the dangerous dog classification. The address of where the animal resides
shall be provided to the public safety manager. No dog that is the subject of a
dangerous dog investigation may be relocated or ownership transferred pending the
outcome of an investigation or any hearings related to the determination of a
dangerous dog classification. In the event that a dog is to be destroyed, the dog shall
not be relocated or ownership transferred.
(2) The public safety manager shall classify any dog as a dangerous dog in the event he
determines that the dog:
a. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on
a human being on public or private property;
b. Has more than once severely injured or killed a domestic animal while off the
owner's property;
Supp. No. 100 160.1
ANIMALS AND FOWL § 1-4-36
ARTICLE N ANIMAL SHELTER STANDARDS
Sec. 1-4-34. Intent and purpose.
The purpose of this ordinance to establish standards for the operation of shelters in the
unincorporated areas of the county which provide care for unwanted and neglected and
procedures for the inspections of such shelters to insure compliance with such standards.
(Ord. No. 13-040 Pt. B, 10-15-13)
Sec. 1-4-35. Animal shelter standards.
The board shall adopt by resolution standards for the operation of animal shelters in the
following categories:
(1) Administration and record keeping;
(2) Standard operating procedures;
(3) Population levels;
(4) Enclosures and housing;
(5) Euthanasia and spay/neuter protocols;
(6) Compliance with statutory requirements.
(Ord. No. 13-040 Pt. B, 10-15-13)
Sec. 1-4-36. Inspection.
All animal shelters, as defined in this section 1-4-16, in the unincorporated area of the
county and any shelter which contracts with the county to provide animal shelter services
shall be inspected on a biannual basis at a minimum by members of the animal shelter
standards committee with the assistance of county animal control officers as needed. The
board may adopt by resolution procedures for the inspection of animal shelters. Within ten (10)
business days following each inspection, the county shall provide the owner of the animal
shelter with a written report indicating whether the shelter is found to be in compliance with
the standards adopted pursuant to section 1-4-35, and a reasonable time period for coming into
compliance with those standards found to be deficient. Failure to bring such items into
compliance with the stated period shall result in enforcement as set forth in section 1-4-26.
(Ord. No. 13-040 Pt. B, 10-15-13)
Supp. No. 100 168.1
Chapter 1-4.5
ART*
Art. I. Art in Public Places, §§ 1-4.5-1-1-4.5-5
ARTICLE I. ART IN PUBLIC PLACES
Sec. 1-4.5-1. Definitions.
For the purpose of this article, the following words or terms are defined as follows:
Artwork means works in a variety of media produced by professional visual artists. Works
may be permanent, temporary or functional.
Board means the board of county commissioners for St. Lucie County, Florida.
Capital project means any county capital improvement project costing more than fifty
thousand dollars ($50,000.00) and paid for wholly or in part by funds appropriated by St. Lucie
County to construct or renovate any park, above grade utility, and to construct or renovate any
building, except a county detention facility or any capital improvement project at the St. Lucie
County International Airport.
Council means the arts and cultural alliance of St. Lucie, Inc. or any successor organization
as designated by the board of county commissioners.
County means St. Lucie County, Florida. For the purposes of this article, the St. Lucie
County Erosion District and the St. Lucie County Mosquito Control District are specifically
excluded from the definition of "County."
Eligible construction costs means the total project appropriation of county funds for an
eligible project, including engineering and design, but not including demolition costs, equip-
ment costs except for the cost of custom designed equipment or equipment that creates a new
use for a building or facility, real property acquisition costs, impact fees, enterprise funds,
funds contributed by the St. Lucie County Erosion District and/or the St. Lucie County
Mosquito Control District, and soil remediation costs.
Equipment costs means, for the purposes of the public art/design and transportation
enhancement project calculation, those costs for the acquisition of mechanical equipment of
standard manufacture.
Master plan means a manual of criteria for the selection of sites and artwork and
transportation enhancement projects for public capital and transportation facilities to be
*Editor's note-Ord. No. 99-07, Pt. A, adopted July 6, 1999, added new provisions to the
Code as Ch. 1-5. As other provisions existed within the Code as Ch. 1-5, the provisions of Ord.
No. 99-07 have been included herein as Ch. 1-4.5 at the discretion of the editor.
Supp. No. 100 168.3
§ 1-4.5-1 ST. LUCIE COUNTY CODE
developed by the council with public input and approved by the board prior to its implemen-
tation. This manual shall also provide for a comprehensive program for art in public places
which shall include the display of loaned art in appropriate public buildings.
Renovation means a capital project or transportation capital project which is a major
redesign of a facility or system or a portion of a facility or system which is included in the
county's capital program budget and which requires a building permit from the appropriate
governmental jurisdiction. Renovation shall also include a capital project or transportation
capital project which is an expansion or upgrading the capacity of the facility or system,
enlarging the facility, or creating new use for the facility. It shall not include repairs,
maintenance, installation of mechanical equipment, or modifications required solely for ADA
compliance.
Transportation capital project means any county capital transportation improvement
project costing more than fifty thousand dollars ($50,000.00) and paid for wholly or in part by
funds appropriated by St. Lucie County to construct or renovate any highway or arterial,
bridge or causeway, sidewalk, or bikeway, or any road beautification project, except any capital
transportation improvement project at the St. Lucie County International Airport.
Transportation enhancement project means one (1) or more of the following projects,
prioritized in the following order:
(1) Visual enhancement of facilities for pedestrians and bicycles.
(2) Scenic or historic highway programs, including the provision of tourist and welcome
center facilities.
(3) Landscaping and other scenic beautification projects.
(4) Historic preservation.
(5) Rehabilitation and operation of historic transportation buildings, structures, or
facilities, including historic railroad facilities.
(6) Preservation of abandoned railway corridors, including the conversion and use thereof
for pedestrian or bicycle trails.
Trust fund means the art in public places trust fund created pursuant to this article and
shall include all gifts and donations deposited in the trust fund.
(Ord. No. 99-07, Pt. A, 7-6-99; Ord. No. 00-30, Pt. A, 8-15-2000; Ord. No. 02-24, Pt. A,
9-17-2002; Ord. No. 08-001, Pt. A, 1-23-2008; Ord. No. 13-041, Pt. A, 11-5-13)
Sec. 1-4.5-2. Art in public places program.
(a) Appropriations for county capital projects shall include an amount equal to two (2) per
cent of the total eligible construction costs to be used for artist design services and for the
selection, acquisition and display of artworks for related education programs, for the
maintenance of county artworks, and for the administration of the master plan. Funds
appropriated pursuant to this section shall not exceed one hundred thousand dollars
Supp. No. 100 168.4
ART
§ 1-4.5-2
($100,000.00) per project. Funds appropriated for one (1) capital project, but not deemed
necessary or appropriate by the council in whole or in part for that project, may be expended
on other public art projects approved under the annual master plan, subject to any bond
Supp. No. 100 169
CHILDREN § 1-6-43
and of section 125.901, Florida Statutes (1989) and to do all things necessary to implement and
fund the children's services council and the independent district created hereby in accordance
with the terms of this article and the laws pertaining to elections. The board of county
commissioners shall, by resolution, establish the language of the ballot question.
(Ord. No. 90-41, Pt. A, 9-25-90)
Editor's note-The provisions of Ord. No. 90-18 were approved by the voters at referen-
dum Oct. 2, 1990.
Secs. 1-6-39, 1-6-40. Reserved.
ARTICLE N MERCHANDISING OF TOBACCO PRODUCTS
Sec. 1-6-41. Short title.
From and after the effective date hereof, this article shall be known as the "St. Lucie County
Merchandising of Tobacco Products Ordinance."
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Sec. 1-6-42. Intent.
This article is intended to prevent the sale and delivery of tobacco products and electronic
cigarettes and liquid nicotine to persons under the age of 18 by regulating the commercial
marketing and placement of such products but shall not be interpreted or construed to prohibit
the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to
F.S. Ch. 569.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Sec. 1-6-43. Definitions.
Electronic cigarette and E-cigarette mean any electronic device composed of a mouthpiece,
heating element, battery, and electronic circuits that provides, or is manufactured or intended
to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol
and/or other substances delivered or deliverable to the user that he or she can inhale in
simulation of smoking. This term shall include every version and type of such devices whether
they are manufactured or marketed as e-cigarettes, e-cigars, e-pipes, or under any other
product name or description.
Liquid nicotine means any liquid product composed either in whole or in part of pure
nicotine and propylene glycol and/or other substance and manufactured for use with e-ciga-
rettes.
Open display unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or
other surface, which allows direct public access to the product placed therein.
Restricted access area means an area reasonably physically confined with access designated
by the vendor as limited to the vendor.
Supp. No. 100 267
§ 1-6-43 ST. LUCIE COUNTY CODE
Specialty tobacco stores means an establishment primarily in the business of selling cigars
and pipe tobacco.
Tobacco products means loose tobacco leaves and products made from tobacco leaves, in
whole or in part, which can be used for smoking, sniffing or chewing, including but not limited
to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco and chewing tobacco. Tobacco
products also include cigarette wrappers.
Vendor means any individual, sole proprietorship, joint venture, corporation, partnership,
cooperative association, or other legal entity licensed as a dealer in tobacco products pursuant
to F.S. Ch. 569, and any employee or agent of said dealer.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Sec. 1-6-44. Placement of tobacco products in display unit and sale of E-cigarette.
(a) No vendor shall place tobacco products, e-cigarettes or liquid nicotine in an open display
unit unless unit is located in a restricted access area.
(b) No person, business, retailer, or other establishment shall sell, permit to be sold, or offer
for sale to any person under eighteen (18) years of age any e-cigarette or liquid nicotine within
the county. A violator of this section includes the person who sells, permits to be sold, or offers
for sale any such products to a person under eighteen (18) years of age as well as his or her
employer and any person who controls the person who sells, permits to be sold, or offers for sale
any such products to a person under eighteen (18) years of age.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Editor's note-Ord. No. 14-008, Pt. A, adopted February 4, 2014, renamed § 1-6-44 from
placement of tobacco products in open display unit as placement of tobacco products in display
unit and sale of E-cigarette.
Sec. 1-6-45. Exceptions.
The provision of this article shall not apply to the following:
(1) An establishment that prohibits persons under eighteen years of age on the premises.
(2) Specialty tobacco stores.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Sec. 1-6-46. Enforcement.
The provisions of this article shall be enforced by any procedure permitted by F.S. Ch. 162,
or other applicable Florida law.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Sec. 1-6-47. Territory embraced.
The provisions of this article shall apply only to the unincorporated area of the county.
(Ord. No. 01-09, Pt. A, 6-19-2001; Ord. No. 14-008, Pt. A, 2-4-14)
Supp. No. loo 268
COMMUNITY DEVELOPMENT § 1-6.5-61
Sec. 1-6.5-59. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the County, shall retain four (4) per
cent of the fee retained by the county and collecting government entity. In order to receive a
refund from impact fees paid on or after the effective date of Ordinance No. 14-016, the request
must be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 03-023, Pt. A, 10-7-2003; Ord. No. 14-016, Pt. A,
4-1-2014)
Sec. 1-6.5-60. Exemptions.
(a) The following shall be exempted from payment of the educational facilities impact fee:
(1) Alteration or expansion of an existing residential building where no additional
residential unit is created and where the use is not changed.
(2) The construction of accessory buildings or structures.
(3) The replacement of a residential land use unit with a new unit of the same type and
use.
(4) The construction of adult facilities or residential structures in which minors cannot
reside because of enforceable land use restrictions.
An exemption must be claimed by the feepayer at the time of the issuance of a building
permit or electrical permit. Any exemption not so claimed shall be deemed waived by the
feepayer.
(Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93; Ord. No. 03-023, Pt. A,
10-7-2003)
Sec. 1-6.5-61. Review
(a) The educational facilities impact fee shall be adjusted by the county administrator in
April of each calendar year. Unless otherwise directed by the board of county commissioners,
any adjustments to the educational facilities impact fee made pursuant to this section shall be
based on the methodology described in paragraph (b) of this section and shall be effective the
first Monday in October of each calendar year.
Supp. No. l00 292.1
§ 1-6.5-61 ST. LUCIE COUNTY CODE
(b) The base for computing the adjustment is the Consumer Price Index-All Urban
Consumers (base year 1995=100) for the United States, published by the United States
Department of Labor Statistics (the Index), that is published for January 2003 (the Beginning
Index). If the index published nearest the adjustment date (the extension date) has increased
over the beginning index, the fee for the following year (until the next fee adjustment) shall be
set by multiplying the appropriate fee set forth in the schedule above by a fraction, the
numerator of which is the extension index and the denominator of which is the beginning
index.
(c) If the index is changed so that the base year differs, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners and the school board shall review the educational
facilities impact fee at least once every five (5) years from the effective date of Ordinance
03-023 (February 1, 2004).
(Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93; Ord. No. 03-023, Pt. A,
10-7-2003)
Sec. 1-6.5-62. Appeals.
(a) Any decision made by the county administrator in the course of administering the
provisions of this article 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. 03-023, Pt. A, 10-7-2003)
Secs. 1-6.5-63-1-6.5-69. Reserved.
ARTICLE VI. RESERVE COMMUNITY DEVELOPMENT DISTRICT #2
Sec. 1-6.5-70. Established; name.
The Reserve Community Development District #2 is hereby established.
(Ord. No. 99-029, Pt. A, 11-23-99)
Supp. No. l00 292.2
COMMUNITY DEVELOPMENT § 1-6.5-73
Sec. 1-6.5-71. Boundaries.
The boundaries of the Reserve Community Development District #2 are as set forth in the
legal description contained in the attached Exhibit A.
(Ord. No. 99-029, Pt. A, 11-23-99)
Editor's note-The document referred to as Exhibit A, attached to Ord. No. 99-029, is not
printed herein, but is on file and available for reference in the offices of the county.
Sec. 1-6.5-72. Initial board of supervisors.
The following five (5) persons are designated as the initial members of the Board of
Supervisors of the Reserve Community Development District #2: John Caspo, John Tompson,
Lawerence Leropoli, Robert Vail, and William Cioffoletti.
(Ord. No. 99-029, Pt. A, 11-23-99)
Sec. 1-6.5-73. Special conditions.
The following special conditions shall apply to the creation, operation, and existence of the
Reserve Community Development District #2:
(1) The powers and responsibilities of the Reserve Community Development District #2
shall be limited to the following:
a. Water management and control for the lands within the district and to connect
some or any of such facilities with roads and bridges.
b. Water supply, sewer, and wastewater management, reclamation, and reuse or
any combination thereof, and to construct and operate connecting intercepting or
outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines
in, along, and under any street, alley, highway, or other public place or ways, and
to dispose of any effiuent, residue, or other byproducts of such system or sewer
system.
c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways
over levees and embankments, and to construct any and all of such works and
improvements across, through, or over any public right-of--way, highway, grade,
fill, or cut.
d. District roads equal to or exceeding the specifications of the county in which such
district roads are located, and street lights.
e. Buses, trolleys, transit shelters, ride-sharing facilities and services, parking
improvements, and related signage.
£ Conservation areas, mitigation areas, and wildlife habitat, including the main-
tenance of any plant or animal species, and any related interest in real or
personal property.
g. Any other project within or without the boundaries of a district when a local
government issued a development order pursuant to F.S. §§ 380.06 or 380.061
Supp. No. l00 293
§ 1-6.5-73 ST. LUCIE COUNTY CODE
approving or expressly requiring the construction or funding of the project by the
district, or when the project is the subject of an agreement between the district
and a governmental entity and is consistent with the local government compre-
hensive plan of the local government within which the project is to be located.
No other powers duties or responsibilities are authorized for this district unless this
approval ordinance is amended consistent with applicable Florida law.
(2) The district will use its best efforts to develop in an integrated fashion the traffic
circulation, water, and sewer facilities on the district property as one (1) functional
interrelated community.
(3) The district shall take no action which is inconsistent with the comprehensive plan,
ordinances or regulations of St. Lucie County.
(4) No publicly owned property that may be located within the legal description of this
community development district shall be assessed for, or obligated in any way to pay
for the infrastructure constructed, maintained or operated by the [Reserve] Commu-
nity Development [District] #2.
(Ord. No. 99-029, Pt. A, 11-23-99)
Secs. 1-6.5-74-1-6.5-79. Reserved.
ARTICLE VII. TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1*
Sec. 1-6.5-80. Established; name.
The Tradition Community Development District No. 1 is hereby established.
(Ord. No. 01-010, Pt. A, 8-21-2001; Ord. No. 06-033, Pt. A, 8-15-2006)
Sec. 1-6.5-81. Boundaries.
The boundaries of the Tradition Community Development District No. 1 are as set forth in
the legal description contained in the attached Exhibit "A".
(Ord. No. 01-010, Pt. A, 8-21-2001; Ord. No. 02-010, Pt. A, 3-26-2002; Ord. No. 06-033, Pt. A,
8-15-2006; Ord. No. 07-042, Pt. A, 9-4-2007; Ord. No. 14-006, Pt. A, 2-4-14)
Editor's note-The document referred to as Exhibit "A", attached to Ord. No. 14-006, is not
printed herein, but is on file and available for reference in the offices of the county.
Sec. 1-6.5-82. Initial board of supervisors.
The following five (5) persons are designated as the initial members of the Board of
Supervisors of the Tradition Community Development District No. 1: John E. Abdo, Paul J.
Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen.
(Ord. No. 01-010, Pt. A, 8-21-2001; Ord. No. 06-033, Pt. A, 8-15-2006)
*State law reference-Authority of board of county commissioners to establish commu-
nity development districts less than one thousand acres in size, F.S. §§ 125.01, 190.0005.
Supp. No. 100 294
COMMUNITY DEVELOPMENT § 1-6.5-83
Sec. 1-6.5-83. Special conditions.
The following special conditions shall apply to the creation, operation, and existence of
Tradition Community Development District No, L•
(1) The powers and responsibilities of the Tradition Community Development District No.
1 shall be limited to the following:
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, and maintain systems, facilities, and basic infrastructures for the
following:
a. Water management and control for the lands within the district and to connect
some or any of such facilities with roads and bridges;
b. Water supply, sewer, and wastewater management, reclamation, and reuse or
any combination thereof, and to construct and operate connecting intercepting or
outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines
in, along, and under any street, alley, highway, or other public place or ways, and
to dispose of any effluent, residue, or other byproducts of such system or sewer
system;
c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways
over levees and embankments, and to construct any and all of such works and
improvements across, through, or over any public right-of--way, highway, grade,
fill, or cut;
d. 1. District roads equal to or exceeding the specifications of the county in which
such district roads are located, and street lights;
2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking
improvements, and related signage;
e. Investigation and remediation costs associated with the cleanup of actual or
perceived environmental contamination within the district under the supervision
or direction of a competent governmental authority unless the covered costs
benefit any person who is a landowner within the district and who caused or
contributed to the contamination;
£ Conservation areas, mitigation areas, and wildlife habitat, including the main-
tenance of any plant or animal species, and any related interest in real or
personal property;
g. Parks and facilities for indoor and outdoor recreational, cultural and educational
uses;
h. Fire prevention and control, including water mains and plugs, (but excluding fire
stations, fire trucks and other vehicles and equipment);
supp. No. ioo 295
COMMUNITY DEVELOPMENT § 1-6.5-93
e. Investigation and remediation costs associated with the cleanup of actual or
perceived environmental contamination within the district under the supervision
or direction of a competent governmental authority unless the covered costs
benefit any person who is a landowner within the district and who caused or
contributed to the contamination;
f. Conservation areas, mitigation areas, and wildlife habitat, including the main-
tenance of any plant or animal species, and any related interest in real or
personal property;
g. Parks and facilities for indoor and outdoor recreational, cultural and educational
uses;
h. Fire prevention and control, including water mains and plugs, (but excluding fire
stations, fire trucks and other vehicles and equipment);
School buildings and related structures, which may be leased, sold or donated to
the school district, for use in the educational system, when authorized by the
district school board; and,
Security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion detection systems, and patrol cars, when authorized by proper govern-
mental agencies; except that the district may not exercise any police power, but
may contract with the appropriate local general purpose government agencies for
an increased level of such services within the district boundaries.
The commission further consents to provide the district of the right and power of
eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida
Statutes, over any property outside the boundaries of the district and within the
unincorporated areas of the county (except municipal, county, state and federal
property) for the uses and purposes of the district relating solely to water, sewer,
district roads, and water management, specifically including, without limitation, the
power of eminent domain for the taking of easements for the drainage of the land of one
person over and through the land of another; provided, however, that the district shall
exercise the eminent domain power only if for uses and purposes contemplated by,
consistent with or in furtherance of the requirements of approved development
permits or development orders relating to the real property within the district.
The foregoing powers shall be in addition, and supplemental, to the powers which the
district is entitled to exercise pursuant to Chapter 190, Florida Statutes.
(2) The district will use its best efforts to develop in an integrated fashion the traffic
circulation, water, and sewer facilities on the district property as one (1) functional
interrelated community.
(3) The district shall take no action which is inconsistent with the comprehensive plan,
ordinances or regulations of St. Lucie County.
Supp. No. 100 296.3
§ 1-6.5-93 ST. LUCIE COUNTY CODE
(4) No publicly owned property that may be located or acquired within the legal
description of this Community Development District shall be assessed for, or obligated
in any way to pay for the infrastructure constructed, maintained, or operated by the
Community Development [District] described in section 1.6-5.91 above.
(Ord. No. 01-011, Pt. A., 8-21-2001; Ord. No. 06-034, Pt. A, 8-15-2006)
Secs. 1-6.5-94-1-6.5-99. Reserved.
ARTICLE IX. TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3*
Sec. 1-6.5-100. Established; name.
The Tradition Community Development District No. 3 is hereby established.
(Ord. No. 01-012, Pt. A, 8-21-2001; Ord. No. 06-035, Pt. A, 8-15-2006)
Sec. 1-6.5-101. Boundaries.
The boundaries of the Tradition Community Development District No. 3 are as set forth in
the legal description contained in the attached Exhibit "A".
(Ord. No. 01-012, Pt. A, 8-21-2001; Ord. No. 02-012, Pt. A, 3-26-2002; Ord. No. 06-035, Pt. A,
8-15-2006; Ord. No. 14-007, Pt. A, 2-4-14)
Editor's note-The document referred to as Exhibit "A", attached to Ord. No. 14-007, is not
printed herein, but is on file and available for reference in the offices of the county.
Sec. 1-6.5-102. Initial board of supervisors.
The following five (5) persons are designated as the initial members of the Board of
Supervisors of the Tradition Community Development District No. 3: John E. Abdo, Paul J.
Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen.
(Ord. No. 01-012, Pt. A, 8-21-2001; Ord. No. 06-035, Pt. A, 8-15-2006)
Sec. 1-6.5-103. Special conditions.
The following special conditions shall apply to the creation, operation, and existence of
Tradition Community Development District No. 3:
(1) The powers and responsibilities of the Tradition Community Development District No.
3 shall be limited to the following:
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, and maintain systems, facilities, and basic infrastructures for the
following:
a. Water management and control for the lands within the district and to connect
some or any of such facilities with roads and bridges;
*State law reference-Authority of board of county commissioners to establish commu-
nity development districts less than one thousand acres in size, F.S. §§ 125.01, 190.0005.
supp. No. ioo 296.4
Chapter 1-7.6
ENVIRONMENTAL PROTECTION*
Art. I. In General, §§ 1-7.6-1-1-7.6-29
Art. II. Marine Sanitation, §§ 1-7.6-30-1-7.6-39
Art. III. On-Site Sewage Disposal Systems on Hutchinson Island, §§ 1-7.6-40-1-
7.6-44
Art. IV. Florida-Friendly Fertilizer Use, §§ 1-7.6-45-1-7.6-58
ARTICLE I. IN GENERAL
Secs. 1-7.6-1-1-7.6-29. Reserved.
*Editor's note-Former Ch. 1-7.6, "Environmental control," was repealed by Ord. No.
90-36, Pt. C, adopted July 26, 1990, effective Aug. 1, 1990, which ordinance enacted a land
development code for the county. The repealed provisions were contained in §§ 1-7.6-1-1-7.6-
15, 1-7.6-20-1-7.6-45, 1-7.6-50-1-7.6-70, 1-7.6-85-1-7.6-104, 1-7.6-110-1-7.6-117, 1-7.6-
131-1-7.6-139, 1-7.6-151-1-7.6-160, and 1-7.6-166-1-7.6-169. The repealed provision de-
rived from the following ordinances:
Ord. No. Part Date Ord. No. Part Date
85-04 A 6-18-85 EC-87-03 2-7 10- 5-87
EC-86-02 1 2- 1-86 ECB-89-02 2, 3 2-13-89
86-11 A 5-27-86 EC-89-03 1 8-22-89
EC-87-O1 1 1-19-87 EC-89-04 1 11- 7-89
Cross references-Drainage and erosion control, Ch. 1-7.5; health and sanitation gener-
ally, Ch. 1-10; planning, Ch. 1-16; special act provisions relative to drainage and erosion
control, Ch. 2-6; special act provisions relative to environmental control, Ch. 2-6.5; special act
provisions relative to planning, Ch. 2-14.
5upp. No. 100 347
§ 1-7.6-30 ST. LUCIE COUNTY CODE
ARTICLE II. MARINE SANITATION*
Sec. 1-7.6-30. Statement of purpose.
It is the purpose of this article to promote the water quality and the public health and
general welfare of the county, by regulating the discharge of sewage and other waste or
discharges from marine-related activities and by providing for regulations for the mooring of
vessels, live-aboard vessels and floating homes.
(Ord. No. 90-31, Pt. A, 8-21-90)
Sec. 1-7.6-31. Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:]
Approved discharge device. A device which is currently listed by the United States Coast
Guard as an approved marine sanitation device.
Board. The St. Lucie County board of county commissioners.
Floating home. Any waterborne structure designed for use primarily as a home or dwelling.
The term shall include any vessel which has been altered or converted into a home or dwelling
and which is incapable of navigation by means of self-propulsion.
Live-aboard vessel.
(1) Any vessel or floating home used solely as a residence. A person who uses a vessel or
floating home for overnight occupation for a period exceeding seventy-two (72) hours in
any ten-day period will be presumed to be residing on the vessel or floating home for
the purposes of this article.
(2) Any vessel represented as a place of business; a professional or other commercial
enterprise, or a legal residence.
(3) A commercial fishing boat is expressly excluded from the term "live-aboard vessel."
Marina. Any vessel docking facility which is used to conduct the business of providing
services to vessels such as, but not limited to, the fueling of vessels, the sale of marine supplies,
or the rental of location for moorage or dockage.
*Editor's note-Ordinance No. 90-31, Pt. A, adopted Aug. 21, 1990, added Art. IV,
§§ 1-7.6-70-1-7.6-78, to Ch. 1-7.6. At the discretion of the editor, the new provisions were
included as Art. II, §§ 1-7.6-30-1-7.6-38.
Cross references-Garbage, trash and refuse, Ch. 1-9; sludge, septage and sewage
disposal, § 1-10-21 et seq.
State law references-Authority to establish, coordinate and enforce ordinances for
regulations of waste and sewage collection and disposal, F.S. § 125.01(1)(k); authority to enact
and enforce regulations which prohibit or restrict mooring or anchoring of floating structures
or live-aboard boats within jurisdiction of board of commissioners, F.S. § 327.60(2).
Supp. No. 100 348
ENVIRONMENTAL PROTECTION § 1-7.6-45
Sec. 1-7.6-44. Penalties; enforcement.
Any person violating the provisions of this article shall be subject to penalties and
enforcement proceedings of the St. Lucie County Environmental Control Hearing Board set
out in Section 11.13.02 of the St. Lucie County Land Development Code. In addition,
compliance with the terms of this article may be enforced by injunction or otherwise in a court
of law having jurisdiction over such matter.
(Ord. No. 93-01, Pt. A, 3-25-93)
ARTICLE IV. FLORIDA-FRIENDLY FERTILIZER USE*
Sec. 1-7.6-45. Definitions.
For this article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise:
Administrator means the county administrator or an administrative official of St. Lucie
County designated by the county administrator to administer and enforce the provisions of
this article.
Application or apply means the actual physical deposit of fertilizer to turf or landscape
plants.
Applicator means any person who applies fertilizer on turf and/or landscape plants in the
unincorporated areas of St. Lucie County.
Board or governing board means the board of county commissioners of St. Lucie County,
Florida.
Best management practices (BMPs) means turf and landscape practices or combination of
practices based on research, field-testing, and expert review, determined to be the most
effective and practicable on-location means, including economic and technological consider-
ations, for improving water quality, conserving water supplies and protecting natural
resources.
Code enforcement officer, official, or inspector means any designated employee or agent of St.
Lucie County whose duty it is to enforce codes and ordinances enacted by St. Lucie County.
Commercial applicator business means any person, sole proprietor, partnership, corpora-
tion, business trust, joint venture, or other legal entity that engages in the business of
providing lawn fertilizer application in exchange for money, goods, services or other valuable
consideration.
*Editor's note-Ord. No. 2014-3, Pt. A, adopted January 7, 2014, amended Art. IV in its
entirety to read as herein set out. Former Art. IV, §§ 1-7.6-45-1-7.6-56, pertained to similar
material, and derived from Ord. No. 11-OOlA, adopted March 1, 2011.
Supp. No. 100 353
§ 1-7.6-45 ST. LUCIE COUNTY CODE
Commercial fertilizer applicator, except as provided in F.S. § 482.1592(9), means any person
who applies fertilizer for payment or other consideration to property not owned by the person
or firm applying the fertilizer or the employer of the applicator.
Damaged turf or landscape plants means turf or landscape plants that have been
deleteriously affected by environmental or biotic stress. Environmental stresses are a result of
prolonged exposure to shade, drought, nutrient deficiency, the effects of vehicle and foot traffic,
salinity and occasional cold temperatures. Biotic stresses result from living organisms such as
insects, diseases or nematodes.
Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized
turf, or landscape plants.
Fertilizer means any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment, or provides other corrective measures to the soil.
Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Heavy rain means rainfall greater than or equal to fifty (50) millimeter (two (2) inches) in
a 24-hour period.
Impervious surfaces means a constructed surface such as sidewalks, roads, parking lots or
driveways covered by water impenetrable materials such as asphalt, concrete, brick, pavers,
stone and/or highly compacted soils.
Institutional applicator means any person, other than a private, non-commercial or a
commercial applicator (unless such definitions also apply under the circumstances), that
applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional
applicators shall include, but shall not be limited to, owners, managers or employees of public
lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf).
Lawn care and maintenance or landscaping shall include, but not be limited to mowing,
trimming, pruning, edging, liming, fertilizing, mulching, seeding and aerating of turf and/or
landscaping plants.
Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization,
watering, mowing, etc.
Non-commercial applicator means any person other than a commercial or institutional
applicator who performs lawn care and maintenance on turf and/or landscape plants in St.
Lucie County, such as an individual owner or tenant of asingle-family residential unit.
Sapp. No. loo 354
ENVIRONMENTAL PROTECTION § 1-7.6-46
Person means any natural person, business, corporation, limited liability company, part-
nership, limited partnership, association, club, organization, and/or any group of people acting
as an organized entity.
St. Lucie County Approved Best Management Practices Training Program means a training
program approved per F.S. § 403.9338, and any more stringent requirements as set forth in
this article that includes the most current version of the Florida Department of Environmental
Protection's "Florida-Friendly Best Management Practices for Protection of Water Resources
by the Green Industries, as revised and approved by the St. Lucie County Administrator.
Saturated soil means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this article, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free
water.
Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen
means nitrogen in a form which delays its availability for plant uptake and use after
application, or which extends its availability to the plant longer than a reference rapid or quick
release product.
Specialized turf means areas of grass used for athletic fields, activity fields, parks, golf
course practice and play areas, cemeteries and other similar areas.
Specialized turf manager means a person responsible for fertilizer or directing the
fertilization of "specialized turf as defined above.
Turf, sod, or lawn means a piece of grass-covered soil held together by the roots of the grass.
Urban landscape means pervious areas on residential, commercial, industrial, institutional,
highway rights-of--way, or other nonagricultural lands that are planted with turf or horticul-
tural plants. For purposes of this section, agriculture has the same meaning as in F.S. § 570.02.
Water body or water bodies means any visible, standing or open body of water. This shall
include, but not be limited to: municipal or private storm sewer systems (including inlets,
conveyances and structures), ditches, swales, canals, creeks, rivers, streams, tidal waters,
lakes, ponds, ponded water, standing water, marshes, swamps or any other body of permanent
or temporary standing or visible water whether or not the water body is natural or man-made
or contained by impervious surfaces on the bottom or sides and all wetlands and other surface
waters as defined by Chapter 62-348, F.A.C.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-46. Applicability.
This section shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the unincorporated area of St. Lucie County, unless
Sapp. No. ioo 355
§ 1-7.6-46 ST. LUCIE COUNTY CODE
such applicator is specifically exempted by the terms of this section from the regulatory
provisions of this section. This regulation shall be prospective only and shall not impair
contracts already in existence as of the effective date of this section.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-47. Timing of fertilizer application.
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to saturated
soils. Additionally, fertilizers containing nitrogen and/or phosphorus shall not be applied to
turf and/or landscape plants during any of the following prohibited application periods:
(1) June 1 through September 30.
(2) The time period during which the National Weather Service has issued a Flood Watch
or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning
for any portion of St. Lucie County.
(3) Heavy rains are expected.
Sec. 1-7.6-48. Fertilizer free zones.
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake,
canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter
62-340, Florida Administrative Code). If more stringent St. Lucie County Code regulations
apply, this provision does not relieve the requirement to adhere to the more stringent
regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only for
a sixty (60) day period beginning thirty (30) days after planting if needed to allow the plants
to become well-established. Caution shall be used to prevent direct deposition of nutrients into
the water.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-49. Low maintenance zones.
Avoluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated,
from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm
system is recommended for installation at the landward edge of this low maintenance zone to
capture and filter runoff. If more stringent St. Lucie County Code regulations apply, this
provision does not relieve the requirement to adhere to the more stringent regulations. No
mowed or cut vegetative material may be deposited or left remaining in this zone or deposited
in the water. Care should be taken to prevent the over-spray of aquatic weed products in this
zone.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-50. Fertilizer content and application rates.
(a) No fertilizer containing phosphorus shall be applied to turf or landscape plants in
unincorporated St. Lucie County unless a soil or plant tissue deficiency is verified by a
University of Florida, Institute of Food and Agriculture Sciences, approved testing methodol-
Supp. No. loo 356
ENVIRONMENTAL PROTECTION § 1-7.6-51
ogy. In the case that a deficiency has been verified, the application of a fertilizer containing
phosphorous shall be in accordance with the rates and directions for the Southern Region of
Florida as provided by Rule 5E-1.003, Florida Administrative Code. Deficiency verification
shall be no more than two (2) years old. However, recent application of compost, manure, or top
soil shall warrant more recent testing to verify current deficiencies. For purposes of clarifica-
tion a "very low" designation for phosphorus set forth in the UFIFAS Extension Soil Testing
Laboratory Analytical Procedures Training Manual shall mean phosphorus levels below ten
(10) parts per million. A "low" designation for phosphorus shall mean phosphorus levels below
twenty-five (25) parts per million.
(b) Unless otherwise specified in this article, fertilizers applied to turf and/or landscape
plants within unincorporated St. Lucie County shall be formulated and applied in accordance
with requirements and directions provided by Rule 5E-1.003, Florida Administrative Code,
Labeling Requirements for Urban Turf Fertilizers.
(c) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or
sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding,
except when hydro-seeding for temporary or permanent erosion control in an emergency
situation (wildfire, etc.), or in accordance with the stormwater pollution prevention plan for
that site.
(d) Fertilizers containing nitrogen or phosphorus shall be applied to turf and/or landscape
plants at the lowest amount of rate necessary to correct or prevent nutrient deficiencies
without exceeding the maximum per application rate specified on the label in accordance with
Florida Department of Agriculture and Consumer Services Rules (5E-1.003, F.A.C.). All
Commercial and Institutional Applicators shall be responsible for maintaining a record of the
pounds of nitrogen and phosphorous expressed as pounds per one thousand (1,000) feet of land
applied to each site during the year.
(e) While single fertilizer applications in the fall and spring will often suffice, fertilizers
shall not be applied more than the Fertilization Guidelines for the Southern Region of Florida
under the Florida Department of Agriculture and Consumer Services Rule (5E-1.003 F.A.C.)
during any one (1) calendar year to a single area.
(f) Fertilizers containing nitrogen applied to turf and/or landscaping plants within St. Lucie
County shall contain no less than fifty (50) percent slow release nitrogen per Guaranteed
Analysis Label.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-51. Application practices.
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spread-
ers. Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and water bodies, including wetlands.
(b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious
surface.
Supp. No. 100 357
§ 1-7.6-51 ST. LUCIE COUNTY CODE
(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site, or returned to the original or other appropriate
container.
(e) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or water bodies.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-52. Management of grass clippings and vegetative matter.
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or
sidewalks or roadways. Any material that is accidentally so deposited shall be immediately
removed to the maximum extent possible. Grass clippings should be blown back onto the lawn
areas or removed.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-53. General exemptions.
The provisions set forth above in this article shall not apply to:
(1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
(2) Other properties not subject to or covered under the Florida Right to Farm Act that
have pastures used for grazing livestock.
(3) Any lands used for bona fide scientific research, including, but not limited to, research
on the effects of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-54. Specific exemptions.
(a) The timing of applications, application rate provisions and other provisions set forth
above in sections 1-7.6-47 through 1-7.6-52 of this article shall not apply to:
(1) Yard waste compost, mulches or other similar materials that are primarily organic in
nature and are applied to improve the physical condition of the soil;
(2) Reclaimed or irrigation quality (IQ) water used for irrigation (which may contain
substantial amounts of nitrogen and phosphorus);
(3) If applying fertilizer in accordance with sections 1-7.5-56 and 1-7.6-57, commercial
applicators and institutional applicators shall maintain documentation to support said
exemption(s). If applying fertilizer in accordance with sections 1-7.6-56 and 1-7.6-57,
professional applicator businesses and institutional applicators shall also possess a
Supp. No. 100 358
ENVIRONMENTAL PROTECTION § 1.7.6-56
record of the soil test indicating the amount of phosphorus present. Said records shall
be kept in the Professional applicator businesses and institutional applicator's
possession or vehicle(s) and available for inspection by county staff during all business
hours or while a commercial applicator is working onsite; or
(4) Commercial applicator businesses and institutional applicators shall permit the
county to obtain a sample of any fertilizer applied or to be applied within the county.
If the sample analysis shows that nitrogen and/or phosphorus content does not comply
with the levels permitted by state standards, enforcement action may be taken in
accordance with section 1-7.6-58 of this article, and the cost of analyzing fertilizer
samples taken from commercial applicator businesses or institutional applicators shall
be reimbursed by said business or applicator to the county within thirty (30) days after
invoicing.
(b) All golf courses shall assure that landscaping is done within the provisions of the
Florida Department of Environmental Protection document, "Best Management Practices for
the Enhancement of Environmental Quality on Florida Golf Courses." These provisions shall
be followed when applying fertilizer to golf course practice and play areas.
(c) For all other specialized turf areas, the managers shall use their best professional
judgment to apply the concepts and principles embodied in the Florida Green BMPS, while
maintaining the health and function of their specialized turf areas.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-55. Soil test information.
The OF-IFAS Extension Soil Testing Laboratory in Gainesville, Florida offers a variety of
tests for mineral soils, container media and irrigation water. The "Landscape and Vegetable
Garden Producer Test" is recommended for both private and commercial clients fertilizing
plants on the landscape, primarily home horticulture.
A soil sampling bag, one (1) bag for each soil sample, and a shipping box in which to send
samples to the US-IFAS Extension Soil Testing Laboratory can be obtained free of charge from
the St. Lucie County Cooperative Extension Service Office, 8400 Picos Road, Suite 101, Fort
Pierce, FL 34945 (772-462-1660). To determine the availability and cost of soil fertility tests
contact the St. Lucie County Cooperative Extension Service Office. A PDF version of the
Landscape and Vegetable Garden Test Submission Form can be obtained at http://
soilslab.ifas.ufl.edu/.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1.7.6-56. Training.
(a) All commercial and institutional applicators of fertilizer within the unincorporated area
of St. Lucie County shall abide by and successfully complete the six-hour training program in
the "Florida-Friendly Best Management Practices for Protection of Water Resources by the
Green Industries" offered by the Florida Department of Environmental Protection through the
University of Florida IFAS Florida-Friendly LandscapesTM Program.
Supp. No. 100 359
§ 1.7.6-56 ST. LUCIE COUNTY CODE
(b) Private, non-commercial applicators not otherwise required to be certified, such as
private citizens on their own residential property, are encouraged to follow the recommenda-
tions of the University of Florida IFAS Florida-Friendly Landscapes ProgramTM when applying
fertilizers.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-57. Licensing of commercial applicators.
(a) After December 31, 2013, all commercial applicators of fertilizer within the unincorpo-
rated area of St. Lucie County shall have and carry in their possession at all times when
applying fertilizer, evidence of certification by the Florida Department of Agriculture and
Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18), Florida Admin-
istrative Code.
(b) All businesses applying fertilizer to turf and/or landscape plants (including but not
limited to residential lawns, golf courses, commercial properties, and multi-family and
condominium properties) must ensure that at least one employee has a "Florida-Friendly Best
Management Practices for Protection of Water Resources by the Green Industries" training
certificate prior to the business owner obtaining a local business tax receipt. Owners for any
category of occupation which may apply any fertilizer to turf and/or landscape plants shall
provide proof of completion of the program to the St. Lucie County Tax Collector's office prior
to receiving a business tax receipt.
(Ord. No. 2014-3, Pt. A, 1-7-14)
Sec. 1-7.6-58. Penalties.
Violations of sections 1-7.6-47 through 1-7.6-52 shall be enforced per section 1-2-27.5
Supplemental county enforcement procedures.
All other sections may be enforced by the St. Lucie County Code Enforcement Board.
This provision shall not preclude enforcement of this article in the Circuit Court or as
otherwise authorized by law.
Funds generated by penalties imposed under this section shall be used by St. Lucie County
for the administration and enforcement of F.S. § 403.9337, and the corresponding sections of
this Code, and to further water conservation and nonpoint pollution prevention activities.
(Ord. No. 2014-3, Pt. A, 1-7-14)
suPp. No. ioo 360
FIRE PROTECTION § 1-7.9-11
Sec. 1-7.9-11. Fire/EMS protection impact fee district created.
There is hereby established one (1) fire/EMS protection impact fee district, as shown in
figure 1, for all of St. Lucie County.
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(Ord. No. 00-003, Pt. A, 5-9-2000)
Figure 1
Supp. No. 100 380.5
§ 1-7.9-12 ST. LUCIE COUNTY CODE
Sec. 1-7.9-12. Fire/EMS protection impact fees trust fund established.
(a) There is hereby established afire/EMS protection impact fee trust fund, for the fire/EMS
protection impact fees collected pursuant to this article.
(b) Funds withdrawn from this account must be used in accordance with section 1-7.9-13 of
this article.
(Ord. No. 00-003, Pt. A, 5-9-2000)
Sec. 1-7.9-13. Use of funds.
(a) The funds collected by the county and municipalities located therein shall be remitted
at least monthly to the St. Lucie County Fire District. The collecting governmental unit shall
be entitled to up to but not more than four (4) per cent of the funds collected to compensate the
entity for the administrative expense of collecting and administering the fire/EMS protection
impact fee ordinance. All remaining funds collected from fire/EMS protection impact fees shall
be used solely for the purpose of capital improvements to the county's fire/EMS protection
facilities and equipment 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) Each January the St. Lucie County Fire District shall present to the board of county
commissioners a proposed capital improvement program for public building and facilities,
assigning funds, including any accrued interest, from the fire/EMS protection impact fee trust
fund to specific fire/EMS protection improvements projects and related expenses. Monies,
including any accrued interest, not assigned in any fiscal period shall be retained in the same
fire/EMS protection 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 St. Lucie County Board of County Commissioners and the Fire District will enter
appropriate interlocal agreements between or among themselves and the governing bodies of
the municipalities in the county to provide for the collection of fees imposed and to ensure
proper use of the funds collected pursuant to this article.
(Ord. No. 00-003, Pt. A, 5-9-2000; Ord. No. 00-031, Pt. A, 9-19-2000)
Sec. 1-7.9-14. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-015, the request must
be made within three (3) years of when the permit expired.
Supp. No. 100 380.6
FIRE PROTECTION § 1-7.9-16
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 00-003, Pt. A, 5-9-00; Ord. No. 14-015, Pt. A, 4-1-14)
Sec. 1-7.9-15. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the fire/EMS
protection impact fee:
(1) Alteration or expansion of an existing building where no additional residential
dwelling units are created.
(2) The construction of accessory buildings or structures which will not produce additional
need for fire/EMS facilities over and above that produced by the principal building or
use of the land.
(3) The replacement of a destroyed or partially destroyed building or structure in
existence on or after July 1, 2000, with a new building or structure of the same or a
different use provided that no additional need for fire/EMS protection facilities will be
produced over and above those produced by the original use of the land.
(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. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-16. Appeals.
(a) Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners by filing a
petition of appeal within thirty (30) calendar days of the date of the rendition of the decision.
(b) The board of county commissioners shall review the petition at a public meeting within
thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be
provided reasonable notice of the time, date, and place of the public meeting by certified mail,
return receipt requested, and invited to attend. Testimony at the public meeting shall be
limited to ten (10) minutes per side, unless an extension of time is granted by the board. The
board's decision shall be final for the purpose of administrative appeals.
The board of county commissioners shall revoke the decision of the county administrator
only if there is competent, substantial evidence in the record that the decision fails to
comply with this article.
(Ord. No. 00-003, Pt. A, 5-9-00)
supP. No. ioo 380.7
§ 1-7.9-17 ST. LUCIE COUNTY CODE
Sec. 1-7.9-17. Review and automatic adjustment of fees.
(a) The fire/EMS protection impact fee shall be adjusted by the county administrator in
April of each calendar year, beginning the first year after the adoption of this article. Unless
otherwise directed by the board of county commissioners, any adjustments to the fire/EMS
protection impact fee, made pursuant to this section, shall be effective the first Monday in
October of each calendar year. All adjustments to the fire/EMS protection impact fee shall be
based on the methodology described in paragraph (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Index-All
Urban Consumers for the United States, published each year by the United States Depart-
ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to
be referenced is January 2000. The fire/EMS protection impact fee shall be adjusted by the
percentage change in the index.
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners and the St. Lucie County Fire District shall review
the fire/EMS protection impact fee at least once every five (5) years from the effective date of
this article (October 1, 2000).
(Ord. No. 00-003, Pt. A, 5-9-00)
ARTICLE II. FIREWORKS
Sec. 1-7.9-18. Definitions.
Board means St. Lucie County Board of County Commissioners.
Building shall mean a permanent structure containing no fewer than four (4) outer walls
and a roof enclosing said walls, constructed in accordance with the local building code and a
duly issued building permit and for which occupancy is authorized by a duly issued certificate
of occupancy. For purposes of this section, the term building shall also include a part of the
structure, such as a unit or space within a shopping center.
Commercial structure or building shall mean a building constructed and used for the
purpose of producing income. For purposes of this section, the term commercial building shall
not include a building designed, constructed and used in accordance with the laws for
residential occupancy.
Fireworks means and includes any combustible or explosive composition or substance or
combination of substances or, except as hereinafter provided, any article prepared for the
purpose of producing deflagration, or detonation. The term includes blank cartridges and toy
cannons in which explosives are used, the type of balloons which require fire underneath to
supp. No. ioo 380.8
LIBRARY § 1-11-24
Library 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.
Library 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. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000)
Sec. 1-11-23. Libraries impact fee trust funds established.
(a) There is hereby established separate libraries impact fee trust funds for the libraries
impact fee districts established by section 1-11-22 of this article.
(b) Funds withdrawn from these accounts must be used in accordance with section 1-11-24
of this article.
(Ord. No. 95-039, Pt. A, 9-19-95)
Sec. 1-11-24. 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 actual administrative expense of
collecting and administering the libraries impact fee ordinance. All remaining funds collected
from libraries impact fees shall be used solely for the purpose of capital improvements to the
county's libraries contained within the county's comprehensive plan and identified within the
Technical Memorandum entitled "Methods Used to Update Library and Law Enforcement
Impact Fees," dated April 5, 2010, by Dr. James C. Nicholas, as modified based on public
Supp. No. 100 579
§ 1-11-24 ST. LUCIE COUNTY CODE
comments and submittals, which contains the most recent and localized data and which is
incorporated by reference, 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) Each April the county administrator shall present to the board of county commissioners
a proposed capital improvement program for libraries and facilities, assigning funds, including
any accrued interest, from the libraries impact fee trust fund to specific libraries improve-
ments projects and related expenses. Monies, including any accrued interest, not assigned in
any fiscal period shall be retained in the same libraries 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. 95-039, Pt. A, 9-19-95; Ord. No. 00-002, Pt. A, 5-9-2000; Ord. No. 11-008, Pt. B,
3-1-2011)
Sec. 1-11-25. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-011, the request must
be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 95-039, Pt. A, 9-19-95; Ord. No. 00-14, Pt. A, 9-19-2000; Ord. No. 14-011, Pt. A,
4-1-14)
Sec. 1-11-26. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the library impact
fee:
(1) Alteration or expansion of an existing building where no additional units are created,
the use is not changed, and where no additional need for libraries will be produced over
and above that produced by the existing use.
Supp. No. 100 580
LIBRARY
§ 1-11-28
(2) The construction of accessory buildings or structures which will not produce additional
need for libraries 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 libraries 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. 95-039, Pt. A, 9-19-95)
Sec. 1-11-27. 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. 95-039, Pt. A, 9-19-95)
Sec. 1-11-28. Review and automatic adjustment of fees.
(a) The libraries impact fee shall be adjusted by the county administrator in April of each
calendar year. Unless otherwise directed by the county commission, any adjustments to the
libraries impact fee, made pursuant to this section, shall be effective the first Monday in
October of each calendar year. All adjustments to the libraries impact fee shall be based on the
methodology described in paragraph (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Index -All
Urban Consumers for the United States, published by the United States Department of Labor
Bureau of Labor Statistics. For the purpose of this section the initial index to be referenced is
January 1996. The library impact fee shall be adjusted by the percentage change in the index.
Supp. No. 100 581
§ 1-11-28 ST. LUCIE COUNTY CODE
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners shall review the libraries impact fee at least once
every five (5) years from the effective date of this article (January 1, 1996).
(Ord. No. 95-039, Pt. A, 9-19-95)
Supp. No. l00 [The next page is 617]
582
Chapter 1-13.5
MUNICIPAL SERVICE TAXING UNITS*
Sec. 1-13.5-1. Creation-Authorized.
Pursuant to F.S. Ch. 125, Pt. I, and other applicable provisions of law, municipal service
taxing units ("MSTU") 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, 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 may include all or part of a municipality. The
boundaries of an MSTU may be non-contiguous.
(Ord. No. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-2. Governing body of municipal service taxing units.
The board of county commissioners of St. Lucie County (the "board") shall be deemed to be
the governing body of each taxing unit created pursuant to this chapter. References to the
board of county commissioners or to municipal service taxing units herein shall be deemed to
include both, as appropriate.
(Ord. No. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-3. Powers of taxing units.
(a) Each of the taxing units created pursuant to this chapter shall have the power to levy
and collect ad valorem taxes, 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 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 unit with any or all of the 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
MSTU created hereunder.
*Editor's note-Ordinance No. 14-001, Pt. A, adopted January 7, 2014, amended former
Ch. 1-13.5 in its entirety to read as set out herein. Former Ch. 1-13.5, §§ 1-13.5-1-1-13.5-16,
pertained to municipal service taxing or benefit units. See the Code Comparative Table for the
chapter's ordinance history.
Supp. No. 100 715
§ 1-13.5-3 ST. LUCIE COUNTY CODE
(b) The board may establish such administrative procedures as it deems appropriate or
necessary to effect the purpose and intent of this chapter.
(Ord. No. 14-001, Pt. A, 1-7-14)
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 F.S. Ch. 129. 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 sufficient 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. 14-001, Pt. A, 1-7-14)
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 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.
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 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 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
Supp. No. 100 716
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-6
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 unit on its own motion without
the concurrence of fifty-one (51) per cent of the property owners.
(e) Petition form. The form of petition referred to herein shall be approved by the county
attorney as to legal form and sufficiency and shall require (i) a description of the proposed
improvements or services and (ii) a statement that the petitioners (a) request that the
improvements be constructed or that the services be provided (b) recognize that the determi-
nation of special assessments will be made by the board at a public hearing (c) agree to be
assessed for the actual cost for construction of the improvements or provisions of services,
including allowable administrative and other incidental costs connected therewith, in an
amount not to exceed the maximum allowed by this chapter and (d) agree to be assessed for the
costs of preparing the plans, specifications, and cost estimates required for the project in the
event the project is not approved.
(f) 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. 14-001, Pt. A, 1-7-14)
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
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. 14-001, Pt. A, 1-7-14)
Supp. No. 100 717
§ 1-13.5-7 ST. LUCIE COUNTY CODE
Sec. 1-13.5-7. Reserved.
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. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-9. Contracts.
After the adoption of the resolution approving the preliminary assessment roll as provided
in section 1-13.5-6(b), 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. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-10. Annual municipal services taxing unit taxes.
In each year, before the levy of county taxes, the board shall determine the amount required
in the following fiscal year, in addition to the funds then available and to become available for
such purposes, to pay the expenses of 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
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 of Article 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. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-11. Reserved.
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
Supp. No. 100 ']jg
MUNICIPAL SERVICE TAXING OR BENEFIT UNITS § 1-13.5-15
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. 14-001, Pt. A, 1-7-14)
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. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-14. Notice of intent to issue bonds.
Prior to the issuance of any bonds, certificates or other obligations (the "bonds") secured in
whole or in part by ad valorem taxes derived from an MSTU created pursuant to this chapter,
the board shall ensure compliance with the voter approval requirements set forth in Article
VII, Section 12, Florida Constitution.
Thereafter, and subject to voter approval of the bonds as required by Article VII, Section 12,
Florida Constitution, 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 taxing unit (the "unit") created to levy a tax 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 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. 14-001, Pt. A, 1-7-14)
Sec. 1-13.5-15. Dissolution of units.
A municipal services taxing 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
Supp. No. 100 719
§ 1-13.5-15 ST. LUCIE COUNTY CODE
all indebtedness secured by the proceeds of taxes 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. 14-001, Pt. A, 1-7-14)
Supp. No. 100 '720
Chapter 1-13.6
MUNICIPAL SERVICE BENEFIT UNITS
Sec. 1-13.6-1. Creation-Authorized.
Pursuant to F.S. Ch. 125, Pt. I, and other applicable provisions of law, 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 special assessments 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 MSBU may include all or part of a municipality. The boundaries of an MSBU
may be non-contiguous.
(Ord. No. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-2. Governing body of municipal service benefit units.
The board of county commissioners of St. Lucie County (the "board") shall be deemed to be
the governing body of each benefit unit created pursuant to this chapter. References to the
board of county commissioners or to municipal service benefit units herein shall be deemed to
include both, as appropriate.
(Ord. No. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-3. Powers of benefit units.
(a) Each of the benefit units created pursuant to this chapter shall have the power to levy
and collect special assessments 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 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 benefit unit with any
or all of the 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 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.
supP. No. ioo 721
§ 1-13.6-3 ST. LUCIE COUNTY CODE
(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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-4. Reserved.
Sec. 1-13.6-5. 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 benefit unit maybe 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.
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 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 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
Supp. No. loo 722
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-7
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 1-13.6-5
of this Code, the board may create a municipal services benefit unit on its own motion without
the concurrence of fifty-one (51) per cent of the property owners.
(e) Petition form. The form of petition referred to herein shall be approved by the county
attorney as to legal form and sufficiency and shall require (i) a description of the proposed
improvements or services and (ii) a statement that the petitioners (a) request that the
improvements be constructed or that the services be provided (b) recognize that the determi-
nation of special assessments will be made by the board at a public hearing (c) agree to be
assessed for the actual cost for construction of the improvements or provisions of services,
including allowable administrative and other incidental costs connected therewith, in an
amount not to exceed the maximum allowed by this chapter and (d) agree to be assessed for the
costs of preparing the plans, specifications, and cost estimates required for the project in the
event the project is not approved.
(f) 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-6. Reserved.
Sec. 1-13.6-7. Procedure for creation of municipal service benefit units.
(a) Definitions. When used in this section, the following terms shall have the following
meanings, unless the context clearly requires otherwise:
Annual assessment resolution means the resolution described in section 1-13.6-7(g) hereof,
approving one or more assessment rolls for a specific fiscal year.
Assessment means a special assessment imposed by the board pursuant to this chapter to
fund the cost of providing municipal services and facilities. The term "assessment" and the
reference to non-ad valorem assessments herein means those assessments which are not based
upon millage and which can become a lien against a homestead as permitted by Article X,
Section 4 of the Florida Constitution.
Assessment coordinator means the county engineer or such person's designee.
Assessment roll means the special assessment roll relating to municipal services and
facilities containing the information specified in section 1-13.6-7(c) hereof, approved by a final
assessment resolution or an annual assessment resolution.
Assessment unit means the apportionment unit utilized to determine the assessment for
each parcel of property.
Board means the board of county commissioners of St. Lucie County, Florida.
County means St. Lucie County, Florida.
sUpp. No. ioo 723
§ 1-13.6-7 ST. LUCIE COUNTY CODE
Final assessment resolution means the resolution described in section 1-13.6-7(f) hereof,
which shall confirm, modify or repeal the Initial Assessment Resolution and which shall be the
final proceeding for the imposition of an assessment.
Fiscal year means the period commencing on October 1 of each year and continuing through
the following September 30, or such other period as may be prescribed by law as the fiscal year
for the county.
Initial assessment resolution means the resolution described in section 1-13.6-7(b) hereof,
which shall be the initial proceeding for establishment of an MSBU and the imposition therein
of assessments.
Resolution of intent means the resolution expressing the board's intent to collect assess-
ments on the ad valorem tax bill required by the Uniform Assessment Collection Act.
Municipal services and facilities means those services and facilities contemplated by F.S.
§ 125.01(1)(q) and (r), as may be amended from time to time.
Property appraiser means the property appraiser of St. Lucie County, Florida.
Uniform assessment collection act means F.S. §§ 197.3632 and 197.3635, or any successor
statutes authorizing the collection of non-ad valorem assessments on the same bill as ad
valorem taxes, and any applicable regulations promulgated thereunder.
Tax collector means the tax collector of St. Lucie County, Florida.
Tax roll means the list of tax parcels maintained by the property appraiser for the purpose
of the levy and collection of ad valorem taxes.
(b) Initial assessment resolution. The initial proceeding for creation of an MSBU and the
imposition of assessments therein shall be the board's adoption of an initial assessment
resolution. The initial assessment resolution shall:
(1) Describe the boundaries of, or real property to be included within, the proposed MSBU;
(2) Describe the municipal services and facilities proposed for funding from proceeds of
the assessments;
(3) Describe the proposed method of apportioning the cost of the municipal services and
facilities among the parcels of property located within the MSBU;
(4) Estimate the cost of providing the municipal services and facilities;
(5) Estimate the maximum amount of the annual assessment and/or the maximum rate of
assessment per assessment unit; and
(6) Direct preparation of an assessment roll for the proposed MSBU.
Supp. No. 100 724
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-7
(c) Assessment roll.
(1) Upon adoption of an initial assessment resolution, the assessment coordinator shall
prepare a preliminary Assessment Roll conforming to the requirements of the Uniform
Assessment Collection Act and generally containing the following information:
a. A summary description of each parcel of property (conforming to the description
contained on the tax roll) subject to the assessment;
b. The name of the owner of record of each parcel, as shown on the tax roll;
c. The number of assessment units attributable to each parcel;
d. The estimated maximum annual assessment to become due in any fiscal year for
each parcel; and
e. If applicable, the estimated maximum annual assessment to become due in any
fiscal year for each assessment unit.
(2) Copies of the initial assessment resolution and the preliminary assessment roll shall
be on file in the office of the assessment coordinator and open to public inspection. The
foregoing shall not be construed to require that the assessment roll be in printed form
if the amount of the assessment for each parcel of property can be determined by use
of a computer terminal or otherwise accessible through the Internet or similar data
base.
(d) Notice by publication. After preparation of the assessment roll as required by section
1-13.6-7(c) hereof, the assessment coordinator shall publish once in a newspaper of general
circulation within the county a notice stating that at a meeting of the board on a certain day
and hour, which meeting shall be a regular, adjourned or special meeting, the board will
conduct a public hearing and hear objections of all interested persons to the imposition of the
assessments, adoption of the final assessment resolution and approval of the assessment roll.
The notice shall be published at least twenty (20) calendar days prior to the public hearing and
shall conform to the requirements set forth in the Uniform Assessment Collection Act.
(e) Notice by mail. In addition to the published notice required by Section 1-13.6-7(d) hereof,
the assessment coordinator shall provide notice of the proposed assessment by first class mail
to the owner of each parcel of property subject to the assessment. The mailed notice shall
include an estimate of the maximum amount of the proposed assessment and shall conform to
the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed
at least twenty (20) calendar days prior to the hearing to each property owner at such address
as is shown on the tax roll on the twentieth calendar day prior to the date of mailing. Notice
shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The
assessment coordinator may provide proof of such notice by affidavit.
Supp. No. loo 725
§ 1-13.6-7 ST. LUCIE COUNTY CODE
(f) Public hearing; adoption of final assessment resolution. At the time named in such
notice, or to which an adjournment or continuance may be taken, the board shall conduct a
public hearing and receive written objections and hear testimony of interested persons and
may then, or at any subsequent meeting of the board, adopt the final assessment resolution
which shall:
(1) Confirm, modify or repeal the initial assessment resolution with such amendments, if
any, as may be deemed appropriate by the board;
(2) Confirm establishment of the MSBU;
(3) Impose the assessments;
(4) Establish the maximum amount of the assessment imposed against each parcel of
property subject to the assessment;
(5) Confirm and finalize the assessment roll, with such amendments as it deems just and
right; and
(6) Determine the method of collecting the assessments.
(g) Annual assessment resolution.
(1) The board shall adopt an annual assessment resolution during its budget adoption
process for each fiscal year in which assessments will be imposed to approve the
assessment roll for such fiscal year. The final assessment resolution shall constitute
the annual assessment resolution for the initial fiscal year. The assessment roll, as
prepared in accordance with the initial assessment resolution and confirmed or
amended by the final assessment resolution, shall be confirmed or amended by the
annual assessment resolution to reflect the cost of the municipal services and facilities
to be paid by assessments. Failure to adopt the annual assessment resolution during
the budget adoption process may be cured at any time. A single annual assessment
resolution may approve the assessment roll for more than one MSBU.
(2) Adoption of the annual assessment resolution for each fiscal year shall not require
notice or public hearing unless (i) the proposed assessment for any parcel of property
exceeds the maximum amount established in the notice provided pursuant to section
1-13.6-7(e) hereof, (ii) an assessment is imposed against property not previously
subject thereto, or (iii) the board desires to implement an alternative to the previously
approved apportionment methodology, in which case the board shall provide notice in
accordance with sections 1-13.6-7(d) and 1-13.6-7(e) hereof and conduct a public
hearing prior to adoption of the Annual assessment resolution. In the case of an annual
assessment resolution which approves an assessment against property not previously
subject thereto, notice and public hearing shall not be required if all owners of the
newly affected property provide the board with written consent to the imposition of the
assessment.
(3) Notwithstanding anything herein to the contrary, if the assessment is to be collected
for a period of more than one (1) year or is to be amortized over a number of years, the
Supp. No. loo 726
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-7
board shall so specify in the final assessment resolution and shall not be required to
annually adopt an annual assessment resolution confirming the assessment roll, and
shall not be required to provide individual notices to each taxpayer unless the
provisions of section 1-13.6-7(g)(2) apply. Notice of an assessment, other than that
which is required under section 1-13.6-7(g)(2), may be provided by including the
assessment in the property appraiser's notice of proposed property taxes and proposed
or adopted non-ad valorem assessments under F.S. § 200.069.
(4) Notwithstanding anything herein to the contrary, the annual assessment resolution
may approve an increase in the amount of the assessment imposed within any MSBU
by up to five (5) percent over the amount approved for the prior fiscal year without
requiring notice and public hearing in order to meet cost of living or inflationary
increases in the cost of providing the municipal services and facilities; provided,
however, that in no event shall the cumulative total of annual increases cause the
assessment to exceed by more than ten (10) percent the maximum amount described
in the mailed notice under section 1-13.6-7(e) without a further public hearing.
(h) Effect of assessment resolutions. The adoption of the final assessment resolution or of an
annual assessment resolution requiring notice as provided in section 1-13.6-7(g) hereof shall
be the final adjudication of the issues presented (including but not limited to creation of the
MSBU, the apportionment methodology utilized for allocation of the assessments among
specially benefitted property, the rate of assessment, the maximum annual assessment for
each parcel, the adoption of the assessment roll and the levy and lien of the assessments),
unless proper steps are initiated in a court of competent jurisdiction to secure relief within
thirty (30) days from the date of the board's adoption of such resolution. The assessments for
the initial fiscal year shall be established upon adoption of the final assessment resolution and
for each subsequent fiscal year upon adoption of the annual assessment resolution. If the
assessments are to be collected pursuant to the uniform assessment collection act, the
assessment roll, as approved by the annual assessment resolution, shall be certified to the tax
collector. Assessments imposed hereunder constitute a lien against assessed property equal in
rank and dignity with the liens of all state, county or municipal taxes and other non-ad
valorem assessments and, except as otherwise provided by law, such lien shall be superior in
dignity to all other liens, titles and claims until paid.
(i) Method of collection. Unless directed otherwise by the board, assessments shall be
collected pursuant to the Uniform Assessment Collection Act, and the county shall comply with
all applicable provisions thereof, including but not limited to adopting a resolution of intent.
The assessment roll for any assessments collected pursuant to the Uniform Assessment
Collection Act shall be certified to the tax collector prior to September 15 each year. The
resolution of intent may be adopted either prior to or following the initial assessment
resolution. Any hearing or notice required by this chapter may be combined with any other
hearing or notice required by the Uniform Assessment Collection Act.
(j) Administration and collection costs. Assessments imposed hereunder may include an
administrative and collection cost component to fund or otherwise reimburse the county for
expenses incurred in developing, administering and maintaining assessment programs
Supp. No. 100 '72']
§ 1-13.6-7 ST. LUCIE COUNTY CODE
authorized hereunder, including but not limited to publication and mailing expenses, legal and
professional fees, fees imposed by the tax collector and property appraiser pursuant to the
Uniform Assessment Collection Act and amounts as necessary to account for any statutory
prepayment discounts afforded by F.S. Ch. 197.
(k) Project completion. Upon completion of the project funded by an MSBU hereunder, 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.
(1) Correction of errors and omissions
(1) No act of error or omission on the part of the property appraiser, tax collector,
assessment coordinator, board, or their deputies, employees, or agents shall operate to
release or discharge any obligation for payment of an assessment imposed by the board
hereunder.
(2) When it shall appear that any assessment should have been imposed hereunder
against a parcel of property specially benefited by the provision of services or
improvements funded by the MSBU, but that such property was omitted from the
assessment roll, the board may, upon provision of notice to the owner by first class
mail, impose the applicable assessment for the fiscal year in which such error is
discovered, in addition to the applicable assessment due for the prior two fiscal years.
Such total assessment shall become delinquent if not fully paid upon the expiration of
sixty (60) days from the date of the adoption of said resolution. The assessment so
imposed shall constitute a lien against such property equal in rank and dignity with
the liens of all state, county, district, or municipal taxes and special assessments, and
superior in rank and dignity to all other prior liens, mortgages, titles and claims in and
to or against the real property involved and may be collected in any manner authorized
by law.
(3) The assessment coordinator shall have the authority at any time, upon his or her own
initiative or in response to a timely filed petition from the owner of any property
subject to an assessment, based upon presentation of competent and substantial
evidence, to correct any error in annually applying the assessment apportionment
method to any particular parcel of property not otherwise requiring the provision of
mailed notice hereunder or the Uniform Assessment Collection Act. Additionally,
because the size and nature of the tax roll may yield anomalies, the assessment
coordinator is authorized to apply sound public administration judgment and delete or
remove individual parcels or lots from the assessment roll that due to specific
circumstances do not receive a special benefit, are not developable (e.g. subsurface
rights, submerged, slivers, right-of--way, common elements) or are reasonably deter-
Supp. No. 100 '728
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-11
mined to be inappropriate, infeasible or impracticable to assess, and do not merit the
expenditure of public funds and resources to impose or collect such assessments.
Unless the assessment coordinator determines that a parcel or lot does receive benefit,
for any parcel or lot with a just value of less than one thousand dollars ($1,000.00) (as
determined solely by the property appraiser), such value may be used as a prima facie
determination that the parcel or lot need not be included on the assessment roll. Any
such corrections shall be considered valid ab initio and shall in no way affect the
enforcement of the assessment imposed hereunder. All requests from affected property
owners for any such changes, modifications or corrections shall be referred to, and
processed by, the assessment coordinator and not the property appraiser or tax
collector.
(4) If the assessments are to be collected in accordance with the Uniform Assessment
Collection Act, once the assessment roll has been delivered to the tax collector, any
changes, modifications, or corrections thereto shall be made in accordance with the
procedures applicable to correcting errors and insolvencies on the tax roll upon timely
written request and direction of the assessment coordinator.
(Ord. No. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-8. 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-9. Contracts.
After the adoption of the final assessment resolution approving the preliminary assessment
roll as provided in section 1-13.6-7, 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-10. Reserved.
Sec. 1-13.6-11. 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 1-13.6-7(d) above or (ii) such other date
as may be fixed by the board, and may be made payable in annual installments as determined
supp. No. ioo 728.1
§ 1-13.6-11 ST. LUCIE COUNTY CODE
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
1-13.6-7(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
has been made, the date thereof, the name of the fee simple owner of record and such further
information pertaining thereto as the board may determine. The said certificate shall be
payable to the County of St. Lucie or any proper assignee or assignees 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
Supp. No. 100 728.2
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-11
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 F.S. § 197.3632.
(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
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 sufficient 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
supp. rro. ioo 728.3
§ 1-13.6-11 ST. LUCIE COUNTY CODE
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 F.S.
§§ 197.3632 and 197.3635, 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 assessment roll
referred to in section 1-13.6-7, 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)
refunded to the owner of record, as defined by the property appraiser's current tax 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-12. 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. 14-001, Pt. B, 1-7-14)
Supp. No. 100 728.4
MUNICIPAL SERVICE BENEFIT UNITS § 1-13.6-16
Sec. 1-13.6-13. 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-14. 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 (the "unit") created to levy an assessment or tax 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 supplemen-
tal and in addition to any other procedure available to the board to establish the validity of
bonds issued or units created pursuant to this chapter and the failure by the board to institute
this procedure shall not affect the validity of such bonds or units.
(Ord. No. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-15. Dissolution of units.
A 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 special assessments levied by the unit 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. 14-001, Pt. B, 1-7-14)
Sec. 1-13.6-16. 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-
Supp. No. 100 728.5
§ 1-13.6-16 ST. LUCIE COUNTY CODE
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. 14-001, Pt. B, 1-7-14)
Supp. No. 100 728.6
Chapter 1-14.5
OFFICERS AND EMPLOYEES
Art. I. In General, §§ 1-14.5-1-1-14.5-20
Art. II. Deferred Compensation Program, §§ 1-14.5-21-1-14.5-24
ARTICLE I. IN GENERAL
Sec. 1-14.5-1. Allowance to board members for travel in St. Lucie County.
Each member of the board of county commissioners shall be allowed monthly reimburse-
ment for the use of his or her personal automobile in the performance of official duties within
St. Lucie County. Such reimbursement shall be based upon the prior submission of a typical
month's mileage report as required herein. Annually on October 1, each board member shall
submit a signed statement of a typical month's mileage report to the finance department
showing the destinations and miles traveled on official business and the amount that would
have been allowed under an approved rate per mile for the travel shown on the statement if
payment were made at a fixed rate of twenty cents ($0.20) per mile. This provision shall not
preclude payment of a mileage allowance at a fixed rate of twenty cents ($0.20) per mile upon
monthly submission of a log of actual miles traveled in each calendar month in lieu of the above
travel allowance.
(Ord. No. 84-01, Part 1, 1-3-84; Ord. No. 85-03, Pt. A, 7-9-85)
Secs. 1-14.5-2-1-14.5-20. Reserved.
ARTICLE II. DEFERRED COMPENSATION PROGRAM
Sec. 1-14.5-21. Adoption.
Pursuant to Section 112.215, Florida Statutes, a deferred compensation program is adopted
and established as the St. Lucie County, Florida, Deferred Compensation Program for the
voluntary participation of all eligible county officials and employees. A copy of program
documents will be made available for public inspection at the office of the clerk to the board.
Other than the incidental expenses of collecting and disbursing of the employees' deferrals and
other minor administrative matters, the county shall incur no cost of and make no contribution
to the program.
(Ord. No. 83-04, Part A, 8-9-83; Ord. No. 13-015, Pt. A, 4-2-13)
Sec. 1-14.5-22. Administration.
TIAA CREF shall administer the deferred compensation program on behalf of St. Lucie
County. The deferred compensation committee shall review the program periodically. Changes
to the program administrator may be made by resolution of the board of county commissioners.
(Ord. No. 83-04, Part A, 8-9-83; Ord. No. 13-015, Pt. A, 4-2-13)
Supp. No. 100 763
§ 1-14.5-23 ST. LUCIE COUNTY CODE
Sec. 1-14.5-23. Execution of participation agreements.
The St. Lucie County Administrator or his designate is authorized to execute, on behalf of
St. Lucie County, individual participation agreements with each official or employee request-
ing to participate in the program.
(Ord. No. 83-04, Part A, 8-9-83)
Sec. 1-14.5-24. Program committee.
(a) The deferred compensation program committee shall be composed of the following
persons or designates of those persons:
(1) County administrator;
(2) County attorney;
(3) Tax collector;
(4) Property appraiser; and
(5) Clerk of the circuit court.
The county administrator, or designate, shall serve as chairman of the committee.
(b) The committee shall have the power and responsibility for:
(1) Reviewing the performance of the deferred compensation program and the adminis-
trative performance of the program administrator, and making appropriate recom-
mendations to the board of county commissioners;
(2) Making recommendations to the board of county commissioners on other matters
related to deferred compensation.
(c) The committee shall meet at such time and place as determined by the committee
chairman.
(Ord. No. 83-04, Part A, 8-9-83; Ord. No. 14-005, Pt. 1, 2-4-14)
Supp. No. 100 [The next page is 789]
764
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 actual 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
within the Comprehensive Plan of St. Lucie County and identified within the technical
memorandum entitled Methods Used to Calculate Consumption Driven Road, Public Build-
ings and Park and Recreation Impact Fees," dated October 29, 2009, by Dr. James C. Nicholas,
which contains the most recent and localized data and which is incorporated by reference, or
Supp. No. 100 807
§ 1-15-43 ST. LUCIE COUNTY CODE
with prior approval of the county commission those parks, beach access, regional recreation
and 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 develop-
ment.
(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 July the county administrator shall present to the board of county commissioners
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; Ord. No. 09-022, Pt. F, 12-15-2009)
Editor's note-Ord. No. 09-022, Pt. I, adopted Dec. 15, 2009, stated: "the amendments to
§ 1-15-43 shall become effective on April 1, 2010."
Sec. 1-15-44. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-013, the request must
be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 95-023, Pt. A, 9-19-95; Ord. No. 00-034, Pt. A, 9-19-2000; Ord. No. 14-013, Pt. A,
4-1-14)
Supp. No. 100 gOg
PARKS AND RECREATION § 1-15-47
Sec. 1-15-45. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the parks impact fee:
(1) Alteration or expansion of an existing 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.
(2) The construction of accessory buildings or structures which will not produce additional
need for parks 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 parks 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. 95-023, Pt. A, 9-19-95)
Sec. 1-15-46. 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. 95-023, Pt. A, 9-19-95)
Sec. 1-15-47. Review and automatic adjustment of fees.
(a) The parks impact fee shall be adjusted by the county administrator in April of each
calendar year. Unless otherwise directed by the county commission, any adjustments to the
parks impact fee, made pursuant to this section, shall be effective the first Monday in October
of each calendar year. All adjustments to the parks impact fee shall be based on the
methodology described in subsection (b) of this section.
Supp. No. 100 809
§ 1-15-47 ST. LUCIE COUNTY CODE
(b) The base for computing any adjustment is the January Consumer Price Index-All
Urban Consumers for the United States, published by the United States Department of Labor,
Bureau of Labor Statistics. For the purpose of this section the initial index to be referenced is
January 1996. The parks impact fee shall be adjusted by the percentage change in the index.
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners shall review the parks impact fee at least once every
five (5) years from the effective date of this article (January 1, 1996).
(Ord. No. 95-023, Pt. A, 9-19-95)
Supp. No. l00 [The next page is 827]
810
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 actual 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 Technical Memorandum entitled "Methods Used to Calculate
Consumption Driven Road, Public Buildings and Park and Recreation Impact Fees," dated
October 29, 2009, by Dr. James C. Nicholas, as modified based on public comments and
submittals, which contains the most recent and localized data and which is incorporated by
reference, 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) Each July the county administrator shall present to the board of county commissioners
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; Ord. No. 09-022, Pt. B, 12-15-2009)
Editor's note-Ord. No. 09-022, Pt. I, adopted Dec. 15, 2009, stated: "the amendments to
§ 1-16.3-23 shall become effective on April 1, 2010."
Sec. 1-16.3-24. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust Fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
Supp. No. 100 871
§ 1-16.3-24 ST. LUCIE COUNTY CODE
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-012, the request must
be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 95-41, Pt. A, 9-19-95; Ord. No. 00-033, Pt. A, 9-19-2000; Ord. No. 14-012, Pt. A,
4-1-14)
Sec. 1-16.3-25. Exemptions.
(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.
Supp. No. 100 872
PUBLIC BUILDINGS § 1-16.3-27
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)
Sec. 1-16.3-27. Review and automatic adjustment of fees.
(a) The public buildings impact fee shall be adjusted by the county administrator in April
of each calendar year. Unless otherwise directed by the county commission, any adjustments
to the public buildings impact fee, made pursuant to this section, shall be effective the first
Monday in October of each calendar year. All adjustments to the public buildings impact fee
shall be based on the methodology described in subsection (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Index-All
Urban Consumers for the United States, published each year by the United States Depart-
ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to
be referenced is January 1996. The public buildings impact fee shall be adjusted by the
percentage change in the index.
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners shall review the public buildings impact fee at least
once every five (5) years from the effective date of this article (January 1, 1996).
(Ord. No. 95-41, Pt. A, 9-19-95)
Supp. No. 100 [The next page is 879]
873
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§ 1-17-32 ST. LUCIE COUNTY CODE
Sec. 1-17-32. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-010, the request must
be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 85-10, Pt. A, 11-12-85; Ord. No. 00-032, Pt. A, 9-19-2000; Ord. No. 14-010, Pt. A,
4-1-14)
Sec. 1-17-33. Exemptions.
The following shall be exempted wholly or in part from payment of the roads impact fee:
(1) Alterations or expansion of an existing building where no additional units are created,
the use is not changed, and where no additional vehicular trips will be produced over
and above that produced by the existing use.
(2) The construction of accessory buildings or structures which will not produce additional
vehicular trips 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 February 1, 1986, with a new building or structure (a) of the same
or a different use provided that no additional trips will be produced over and above
those produced by the original use of the land or (b) of the same or a different use
producing additional trips but only for the original trips generated.
(4) In those cases where a building permit or electrical permit for a recreational vehicle
park or mobile home park was issued prior to February 1, 1986, but where the permit
has since expired and more than fifty (50) per cent of the building construction was
completed based on the last inspection.
(5) 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. 85-10, Pt. A, 11-12-85; Ord. No. 87-2, Pt. A, 8-25-87; Ord. No. 88-3, Pt. A, 1-12-88)
Editor's note-Part A of Ord. No. 87-2, adopted Aug. 25, 1987, deleted subsection (b) of
§ 1-17-33, which subsection pertained to credits against the road impact fee.
Supp. No. 100 920
ROADS AND BRIDGES § 1-17-33.1
Sec. 1-17-33.1. Credits.
(a) Scope. Any person who shall commence any traffic impact-generating land development
activity may apply for a credit against the required road impact fee for any contribution,
construction, or dedication of land made by such person or predecessor in interest and accepted
and received by St. Lucie County, the appropriate local municipality, state or federal agency for
transportation facilities that are creditable pursuant to this section. Consistent with the
standards of this section, an application may be made for credit for any contribution,
construction or dedication made in St. Lucie County as required by a development order issued
by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village
pursuant to its local development regulations or F.S. § 380.06, or any additional development
condition imposed by the Florida Land and WaterAdjudicatory Commission on a development
of regional impact to the extent the contribution, payment, construction or dedication meets
the same needs as the road impact fee.
(b) General standards. Any person desiring a road impact fee credit, who proposes to make
any contribution, construction or dedication of a transportation facility along any roadway that
is identified in the county's comprehensive plan or in the St. Lucie County Metropolitan
Planning Organization Roads Impact Fee Eligibility Network, shall first obtain from the board
of county commissioners an approval that the proposed contribution, construction or dedica-
tion is considered to be eligible for a road impact fee credit. Upon the determination by the
board that the proposed contribution, construction or dedication is eligible for a road impact
fee credit, the final amount of the credit shall be determined upon the submission of a request
for road impact free credit and the entering into of a formal road impact fee credit agreement.
Prior to the issuance of any credits against the road impact fee, the person who made the
contribution, construction or dedication of transportation facilities shall enter into an impact
fee credit agreement with the board of county commissioners. The following provisions are the
general rules for the award of credit, supplemented as provided in this section and imple-
mented by the administrative procedures:
(1) Credits applied against the roads impact fee for contributions, construction or
dedications shall not be transferable as a credit against other impact fees imposed for
purposes other than roads.
(2) If allowed by the credit agreement, credits may be assigned to successors in interest
provided the county receives a recorded copy of the written agreement signed by both
the assignor and the assignee.
(3) No credit shall exceed the amount due for the roads impact fee.
(4) No credit shall be given for dedications and transportation improvements dedicated or
constructed before February 1, 1985. Any claim for credit for those improvements
constructed after February 1, 1985, but prior to September 1, 1987, must be made no
later than March 1, 1988, or those claims shall be deemed waived.
Supp. No. 100 920.1
§ 1-17-33.1 ST. LUCIE COUNTY CODE
(c) Specific standards. Credits against road impact fees otherwise payable shall be allowed
only under the following conditions:
(1) County need. The contribution, payment, construction or dedication shall meet a
transportation capital need identified in the county's comprehensive plan or in the St.
Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility
Networks. No credit shall be given for capital improvements that do not meet a
Supp. No. 100 920.2
SHERIFF § 1-18-17
dated April 5, 2010, by Dr. James C. Nicholas, which contains the most recent and localized
data and which is incorporated by reference. Law enforcement 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.
(b) Except as provided in paragraph (c) of this section, all funds shall be used exclusively for
identified law enforcement capital improvements. Funds shall be expended in the order in
which they are collected.
(c) Each April the county administrator shall present to the board of county commissioners
a proposed capital improvement program for law enforcement capital equipment assigning
funds, including any accrued interest, from the several special revenue funds to specific law
enforcement 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.
(d) The collecting governmental entity shall be entitled to retain not more than four (4) per
cent of all impact fee funds it collects to offset the actual costs of administering and enforcing
this article.
(Ord. No. 04-005, § Pt. A, 4-6-04; Ord. No. 11-008, Pt. D, 3-1-ll)
Sec. 1-18-16. Refund of fees paid.
(a) If a building or an electrical permit for a mobile home park or recreational vehicle park
expires and no certificate of occupancy has been issued, 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,
plus interest based on the local government surplus funds trust fund (Florida PRIME), except
that the county and collecting government entity, if not the county, shall retain four (4) per cent
of the fee retained by the county and collecting government entity. In order to receive a refund
from impact fees paid on or after the effective date of Ordinance No. 14-014, the request must
be made within three (3) years of when the permit expired.
(b) Any funds not expended or encumbered by the end of the calendar quarter immediately
following ten (10) years from the date the roads impact fee was paid shall, upon application of
the feepayer, be returned to him with interest based on the local government surplus funds
trust fund (Florida PRIME).
(Ord. No. 04-005, § Pt. A, 4-6-04; Ord. No. 14-014, Pt. A, 4-1-14)
Sec. 1-18-17. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the law enforcement
impact fee:
(1) Alteration or expansion of an existing building where no additional residential
dwelling units are created.
Supp. No. 100 971
§ 1-18-17 ST. LUCIE COUNTY CODE
(2) The construction of accessory buildings or structures which will not produce additional
need for law enforcement facilities over and above that produced by the principal
building or use of the land.
(3) The replacement of a destroyed or partially destroyed building or structure in
existence on or after July 1, 2004, with a new building or structure of the same or a
different use provided that no additional need for law enforcement 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. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-18. 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. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-19. Review and automatic adjustment of fees.
(a) The law enforcement impact fee shall be adjusted by the county administrator in April
of each calendar year, beginning the first year after the adoption of this article. Unless
otherwise directed by the board of county commissioners, any adjustments to the law
enforcement impact fee, made pursuant to this section, shall be effective the first Monday in
October of each calendar year. All adjustments to the law enforcement impact fee shall be
based on the methodology described in paragraph (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Index-All
Urban Consumers for the United States, published each year by the United States Depart-
ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to
be referenced is January 2004. The law enforcement impact fee shall be adjusted by the
percentage change in the index.
Supp. No. loo 972
SHERIFF
§ 1-18-19
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
suPP. rro. ioo 972.1
CODE COMPARATIVE TABLE
Ordinance
Number
13-18
13-022
13-035
13-040
13-041
14-001
14-002
2014-3
14-005
14-006
14-007
14-008
14-010
14-011
14-012
14-013
14-014
14-015
14-016
Subject Section
Exemption from certain ad Arts. I-VIII
valorem taxation for Invest-
ment Casting Specialists of
Florida (editor's note)
Licensing and examination Pt. II
of construction contractors
Abandoned property, garbage, Pt. A
trash, junk and debris
Animal shelter standards Pt. A
Pt. B
Art in public places Pt. A
Creation of municipal ser- Pt. A
vice taxing units and munic-
ipal service benefit units
Pt. B Added 1-13.6-1-1-13.6-3,
1-13.6-5,
1-13.6-7-1-13.6-9,
1-13.6-11-
1-13.6-16
Local preference in purchas- Pt. A 1-2-51
ing or contracting
Florida-friendly fertilizer use Pt. A 1-7.6-45-1-7.6-58
Program committee Pt. A 1-14.5-24
Amends boundaries to the Pt. A 1-6.5-81
Tradition Community Devel-
opment District No. 1
Amends boundaries to the Pt. A 1-6.5-101
Tradition Community Devel-
opment District No. 2
Merchandising of tobacco Pt. A 1-6-41-1-6-47
products to children
Roads impact fee; refund of Pt. A 1-17-32
fees paid
Libraries impact fee Pt. A 1-11-25
Public buildings impact fee; Pt. A 1-16.3-24
refund of fees paid
Parks impact fee; refund of Pt. A 1-15-44
fees paid
Law enforcement impact fee; Pt. A 1-18-16
refund of fees paid
Fire/EMS protection impact Pt. A 1-7.9-14
fee; refund of fees paid
Education facilities impact Pt. A 1-6.5-59
fee; refund of fees paid
Disposition
Ch. 1-19.3, Art. V
2-5-9(2)e., 2-5-12,
2-5-15
1-9-19.5(e)
1-4-16
Added 1-4-34-1-4-36
1-4.5-1
1-13.5-1-
1-13.5-15
sUPp. No. ioo 3752.19
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text, of references to the state law or related matters.
FL Constitution Section this Code
Art. V 1-7-1
Art. VII, § 6(b) 1-7.6-31
Art. VII, § 9(b) 1-13.5-10
Art. VII, § 12 1-13.5-14
Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-11(b),
1-15-31(b), 1-16.3-11(b), 1-17-25
Art. VIII, § 1(f) 1-3-10, 1-6.5-51(c), 1-17-25
Art. X, § 4 1-6.8-26, 2-6-18, 1-13.6-7
F.A.C. Section this Code
Ch. 1B-2 1-11-5
5E-1.003 1-7.6-50
Ch. 9J-5 1-16-21
Ch. 10-9 1-7.6-34(a)(1)
Ch. lOD-4 1-7.6-34(a)(3)
Ch. lOD-6 1-7.6-34(a)(3)
lOD-6.52 1-10-21(a)
Ch. lOD-10 1-7.6-34(a)(1)
Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9
lOD-66.61 1-12.5-13
Ch. 17-3 1-7.6-34(a)(3)
Ch. 17-4 1-7.6-34(a)(3)
Ch. 17-7 1-7.6-34(a)(4), 1-10-21(a)
1-10-23(a), (d)
Ch. 17-22 1-20.5-13(b)
17-550.310 1-20.5-151
17-550.320 1-20.5-151
17-555.325 1-20.5-151
17-555.520 1-20.5-151
Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38
62-348 1-7.6-45
Ch. 91-37.004 1-10.5-37
F.S. Section Section this Code
1.01(3) 1-17-1(a)
7.59 1-19-3
28.24 1-7-5
29.008 1-16.3-12
29.008(3)(a) 1-7-3
30.49 1-16.3-12
30.51 1-2.5-14
30.555 1-18-1
34.07 1-2-27.5(e)
Supp. No. 100 3827
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
Ch. 2-10, Art. II(note)
39.01 1-6-16
43.28 1-16.3-11(c)
1-16.3-12
Ch. 48 1-4-20(c)(4)
Ch. 50 1-2-27.2(b)(1)a.
50.041 1-2-27.2(b)
50.051 1-2-27.2(b)(2)
Ch. 73 1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
2-6-1
2-9-25
Ch. 74 1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
2-6-1
2-9-25
86-437 1-4-26
Ch. 95 1-12.5-67
100.211-100.291 2-1-2
100.342 1-19.3-75
112 2-9-34
112.061 1-6-34(d),
2-9-19,
2-15-6
112.08 2-1-31
112.215 1-14.5-21
119 2-9-34
Ch. 121 1-2-101, 1-2-102
121.021(17) 1-2-101, 1-2-102
Ch. 125 1-6.3, Art. IV
1-7-20, 1-6.5-51(b),
1-7.9-1(b), 1-11-11,
1-15-31, 1-16.3-11,
1-17-25, 1-19.3-54
1-20-16.1
125.01 Ch. 1-2.5(note)
Ch. 1-6.5, 1-6.5-21
1-19-1
125.01(e) Ch. 1-2.3
125.01(f~ 1-11-1
125.014 1-19.3-30
Ch. 1-7.6, Art. II(note)
125.01(m) Ch. 1-2.3, Art. II
Supp. No. 100 3828
STATUTORY REFERENCE TABLE
F.S. Section
125.01(n)
125.01(1)(c)
125.01(1)(fl
125.01(1)(j)
125.01(1)(k)
125.01(1)(m)
125.01(1)(n)
125.01(1)(q)
125.01(1)(q) and (r)
125.01(1)(0), (w)
125.0104
125.0104(3)(a)
125.0104(3)(8)
125.0104(5)
125.0104(8)
125.0104(10)
125.031
125.35
125.35(3)
125.38
125.69
125.69(a)
125.70-125.74
125.5801
125.901
Ch. 129
Ch. 129, Pt. I
Ch. 153, Pt. II
156.601 et seq.
Ch. 159
Ch. 159, Pts. II, V
159.701
159.701-159.7095
159.703
159.705
161.053
Ch. 162
Ch. 162, Pt. II
Ch. 163
163.08
Section this Code
1-17-26
1-12.5-2
1-16.3-11(c)
Ch. 1-11(note), 1-11-11(c), 1-15-31(c)
Ch. 1-15(note)
Ch. 2-6(note)
Ch. 1-7.6, Art. II(note)
Ch. 1-9(note)
Ch. 1-10, Art. II(note)
Ch. 1-17(note)
1-20-17(note)
Ch. 1-13.3, Art. II(note)
Ch. 1-17(note)
1-13.6-7
1-3-10
1-19.3-30, 1-19.3-31,
1-19.3-32(f~
1-19.3-32(c)
1-19.3-32(a)
1-19.3-32(a)
1-19.3-32(d)
1-19.3-32(a)
2-1-2
2-1-3
1-16.2-1
1-16.2-4
1-3-17(b), 1-5.5-59(c), 1-7.6-38,
1-9-19.5(fl(2), 1-13.8-21
1-6.3-55
Ch. 2-1, Art. II(note)
1-2-67
1-2-68
1-6-38
1-13.5-4
1-13.5-1
1-13.6-1
1-20.5-76
1-10.5-21
1-16.75-6
1-16.75-2
1-16.75-1
1-16.75-4
1-16.65-5
1-16.75-3
1-16.75-6
1-7.6-53
1-5-10, 1-6-46, 1-9-19.5(f~(1), (2)
1-2-27.5
1-6.5-52(d), 1-7.9-2(c)
1-17-26(c), 1-19.3-54
1-19-18
supp. No. ioo 3829
ST. LUCIE COUNTY CODE
F.S. Section
163.08(1)
163.08(2)b
163.3161 et seq.
163.3161-163.3211
163.3174
163.3164(7), (8)
163.3178
163.3201
163.3202
163.3202(3)
173.04
173.12
Ch. 177
186.901
Ch. 189
189.4041
Ch. 190
190.005
190.011
190.012(1), (3)
190.012(2)(a), (d)
190.012(1)(b)
Ch. 192
Section this Code
1-19-17
1-19-18
1-16-16, 1-16-21
1-20.56-4(3)
1-10.5-42
1-10.5-42
1-6
1-7.9-1(b), 1-11-11, 1-15-31,
1-16.3-11, 1-16.3-12
1-6.5-51(b)
1-18-03
1-6.5-52(d), 1-11-11,
1-11-12, 1-15-31, 1-15-32,
1-16.3-11, 1-17-26(c)
1-7.9-1(b)
1-18-03
1-6.3-17.1
1-6.3-17.1
1-15-37.1
1-17-30.1
1-5.5-10
1-12-22
1-19-1
1-19-15
2-6-17
2-9-20
2-9-22
2-9-34
1-20.5-76
1-6.5-24
1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
Ch. 1-6.5, Art. III, 1-6.5-21
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-153
1-19.3-54
Supp. No. 100 3830
STATUTORY REFERENCE TABLE
F.S. Section
Ch. 196
196.295
Ch. 197
197.3632
197.3632(3)
197.3632(4)(b)
197.3635
Ch. 200
200.069
Ch. 206
Ch. 212
Ch. 212, Pt. I
212.03
212.054
212.054(2)(b)
212.055(2)
212.055(2)(c)
212.12(3)
Ch. 214
218.32
218.321
218.33
218.34
218.345
218.62
220.15(5)
Ch. 252
Ch. 257
Ch. 280
280.02
Ch. 286
Ch. 287
287.055
287.055(2)(j)
287.055(10)(c)
287.087
288.106
Ch. 293
Ch. 294
Ch. 316
Section this Code
1-19.3-54
1-6.5-57(b)
1-19-6
1-19-9
1-19-14
2-6-23
1-13.6-7
1-9-19.6
1-9-71
1-13.6-7
1-9-19.6, 1-13.6-11
1-9-19.6
1-9-19.6, 1-13.6-11
1-13.6-7
1-20.5-78
1-13.6-7
1-19.3-41, 1-19.3-81
1-19.3-30-1-19.3-32
1-15.5-3
1-19.3-54, 1-19.3-32(b)
1-19.3-30
1-19.3-71
1-19.3-54
1-19.3-51, 1-19.3-71
1-19.3-72
1-19.3-55, 1-19.3-73
1-10.2-23
1-19.3-54
1-20.5-78
1-20.5-78
1-20.5-78
1-20.5-78
1-20.5-78
1-19.3-55, 1-19.3-73
1-19.3-55
Ch. 1-6.3, Art. IV
1-11-3, 1-11-5
1-19-6
1-19-6
1-6.8-25
2-9-34
1-2-41
1-2-48(b)
1-2-51
1-2-48(a)
1-2-45
1-2-51
1-7.55-1
1-7-3
1-7-3
1-13.8-19(1)(e), 1-7-8, 1-7-10
Supp. No. 100 3831
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
316.003(75) 1-20-6
316.006(3) Ch. 1-20(note)
316.008 Ch. 1-20(note)
316.008(6) 1-18-2
316.0261 Ch. 1-20(note)
316.121 Ch. 1-20(note)
316.189(2) 1-20-1
316.193 1-7-22(a), 1-13.3-20
316.194 1-20-16
316.1951 1-20-16
316.1958 1-2-103, 1-2.3-22, 11-20-26, 1-20-27
316.2123(1) 1-17-2
316.660 1-7-8, 1-7-10
318.14(9), (LO) 1-7-8
318.18(1)-318.18(6) 1-7-8
318.18(11)(c) 1-7-1
318.18(13) 1-7-8, 1-7-10
318.18(21) 1-20-16
318.21 1-7-8
320.27 1-15.5-3, 1-15.5-7
320.0848 1-2.3-22
320.084 1-2-103, 1-20-26, 1-20-27
320.0842 1-2-103, 1-20-26, 1-20-27
320.0843 1-2-103, 1-20-26, 1-20-27
320.0845 1-2-103, 1-20-26, 1-20-27
320.0848 1-2-103
Ch. 324 1-13.3-20
Ch. 327 1-7.6-38
327.60(2) Ch. 1-7.6, Art. II(note)
327.72, 327.73 1-5-10
Ch. 332 1-2.3-21
332.08(2)(a) 1-2.3-21
Ch. 334-336 1-17-25
334.03(7) 1-17-34
336.02 1-17-26
336.021 1-17.3-81
336.025 1-19.3-41
336.025(4) 1-19.3-42(a)
336.025(5)(b) 1-19.3-42(b)
341.102 1-13.3-17
344.03(13), (18) 1-17-34
373.62 1-20.5-40
Ch. 380 1-6.5-52(d), 1-7.9-2(c)
380.03 Ch. 1-16(note)
380.06 1-6.5-73, 1-7.9-8(a), 1-11-18(a),
1-15-38(a), 1-16.3-18(a), 1-18-10
380.06(15) 1-17-25
380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-7.9-8(c), 1-11-11,
1-11-18(c), 1-15-32, 1-15-38(c),
1-16.3-12, 1-16.3-18(c), 1-17-26(c)
1-18-10(c)
supp. No. ioo 3832
STATUTORY REFERENCE TABLE
F.S. Section Section this Code
380.061 1-6.5-73
Ch. 381 1-7.6-34(a)(3)
381.031(1)(g)(3) Ch. 1-9(note)
Ch. 386 1-7.6-34(a)(3)
386.01 1-4-16
388 2-9-17(a)
388.201 2-9-20
2-9-22
2-9-24
2-9-25
2-9-27
2-9-34
388.221 2-9-31
Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9
Ch. 401 1-12.5-1, 1-12.5-7, 1-12.5-9, 1-12.5-17
401.25 1-12.5-3
401.255(1) Ch. 1-10, Art. II(note)
401.255(2)(c) 1-10-22(c)(1)
401.255(2)(d) 1-10-22(c)(2)
401.255(2)(g) 1-10-22(c)(5)
401.255(2)(h) 1-10-22(c)(6)
401.26(2) 1-10-22(c)(6)
401.281 1-10-22(c)(3)
401.44 1-2.5-3
Ch. 402 1-18-20
Ch. 403 1-7.6-34(a)(3), 1-13.8-19(1)(e)
1-7.7-2
1-20.5-80
403.707(12)(j) 1-9-51
403.9337 1-7.6-58
403.9338 1-7.6-45
420.9072 Ch. 1-10.5, Art. IV
1-10.5-42
468.382(1) 1-15.5-3
Ch. 470 1-9-51
Ch. 471 1-2-47, 2-5-3
471.023 1-2-47
474.202 2-3-31(e)
Ch. 481 1-2-47, 2-5-3
481.219 1-2-47
481.229(1)(b) 2-5-3
481.319 1-2-47
482.1592(9) 1-7.6-45
Ch. 489 1-6.8-22, 2-5-5, 2-5-20
489.105(4), (5) 1-6.8-22
489.119 1-2-47
489.131 2-5-4(g)
Ch. 501 Ch. 1-6.3, Art. IV
Ch. 537 1-15.5-7
537.011 i-15.5-7
Ch. 538, Pt. I 1-14-30
suPp. No. ioo 3833
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
1-18-31
538.03(1)(a) 1-14-30
538.04 1-15.5-5
538.06(3) 1-15.5-7
538.15 1-15.5-7
538.16 1-15.5-7
538.18 1-15.5-2, 1-15.5-3
538.18(8) 1-18-31
538.19 1-18-34
Ch. 539 1-15.5-2
539.001(9) 1-15.5-5
539.001(9)(b) 1-15.5-5
Ch. 550 1-12-61
561.01(4)(b) 1-3-5
561.01(15) 1-3-1
Ch. 527 2-5-3
Ch. 562 1-7-22(a)
Ch. 567 1-7-22(a)
Ch. 568 1-7-22(a)
Ch. 569 1-6-42, 1-6-43
570.02 1-7.6-45
Ch. 588 1-4-22
655.005 1-15.5-2
Ch. 679, Pt. V 1-14-33
696.05 2-1-4
Ch. 713 2-5-20
713.78 1-20-16
Ch. 715 1-20-16.3
715.07 1-20-16.1
1-20.16.2
767.10-767.14 1-4-20(a)
767.11(1) 1-4-20(c)
767.13 1-4-20(i)
775.08 1-4-26, 2-3-33, 2-6.5-16
775.082 1-4-20(g), (i), 1-6.8-23
1-2-27.5(d)
1-12-19
775.083 1-4-20(g), (i), 1-6.8-23
1-2-27.5(d)
1-12-19
775.084 1-4-20(i)
775.21 1-18-20
790.06 1-15-20
790.07 1-7.8-19(c)(1)
791.013 1-7.9-18(e)
Ch. 796 1-13.3-20
806.101 1-2.5-3
823.14 1-4-16
1-7.6-53
Ch. 828 2-3-34
828.05 1-4-23
supp. No. ioo 3834
STATUTORY REFERENCE TABLE
F.S. Section
828.055
828.058
828.27
828.27(2)
828.27(4)(b)
828.40
837.06
847.07(2)
847.09(1)
847.013(4)
849.086
856.011
856.015
865.09
Ch. 893
893.02
893.13
893.165
938.01(1)
938.13
938.15
939.18
943.035
943.10
943.12
943.25(4)
943.25(13)
Ch. 958
993.02
1013.33
1013.36
Section this Code
1-4-23
1-4-23
1-4-27
1-4-24(d)
1-4-26(d)
1-15-25-(a)(3)c.
1-7.8-17(p)
1-14-2
1-14-2
1-14-2
1-12-61
1-7-22(a)
1-7-22(a)
2-5-9
1-7-21, 1-7-22,
1-7.8-17(h), 1-7.8-19(d)
1-13.3-20
1-7-20, 1-7-22(a)
1-7-20
1-7-1
1-7-22(b), (c)
1-7-1
1-7-6.5
1-18-20
2-3-31(e)
1-20-26
1-7-1
1-20-32
1-18-21
1-13.3-24
1-6.5-51(b), 1-6.5-52(c)
1-6.5-51(b)
Laws of
Fla.
57-1790
71-895
85-255
87-239, § 2
ch. 2000-138
ch. 2002-20, § 98
Section this Code
1-7-6
1-7-6
1-7-8(a)
1-19.3-51, 1-19.3-55
1-14-30
1-7-30
Supp. No. 100 [The next page is 3849]
3835
CODE INDEX
Section
AIRPORTS AND AIRCRAFT (Cont'd.)
General aviation minimum standards
Aircraft
Charter or aircraft management operator (SASO)....... 1-2.3-91
Maintenance operator (SASO) ............................. 1-2.3-88
Rental or flight training operator (SASO) ................ 1-2.3-90
Sales operator (SASO) ...................................... 1-2.3-92
Applicability .................................................... 1-2.3-84
Avionics or instrument maintenance operator (SASO) .... 1-2.3-89
Commercial aeronautical activity application .............. 1-2.3-95
Exclusive rights ................................................ 1-2.3-82
Fixed base operator (FBO) .................................... 1-2.3-86
General provisions ............................................. 1-2.3-81
General requirements ......................................... 1-2.3-85
Land use ........................................................ 1-2.3-83
Minimum insurance requirements ........................... 1-2.3-98
Noncommercial
Hangar operator ............................................. 1-2.3-96
Self-fueling permittee ....................................... 1-2.3-98
Non-tenant aviation service operator (NTASO) ............ 1-2.3-94
Other commercial aeronautical activities (SASO).......... 1-2.3-93
Private flying club ............................................. 1-2.3-97
Purpose and scope ............................................. 1-2.3-80
Scope of activity ................................................ 1-2.3-87
Governing body ................................................... 1-2.3-18
Grounds for denial ............................................... 1-2.3-32
Notices, Requests for approval, applications, and other fil-
ings ........................................................... 1-2.3-29
Preserves; use of aircraft ........................................ 1-15-29
Prohibited activities .............................................. 1-2.3-26
Repeal of regulatory measures .................................. 1-2.3-24
Right to self-service .............................................. 1-2.3-25
Rights reserved ................................................... i-2.3-34
Statement of policy ............................................... 1-2.3-19
Subordination ..................................................... 1-2.3-28
Variance and exemption ......................................... 1-2.3-31
ALARM SYSTEMS
Alarm permit
Application ...................................................... 1-2.8-9
Fee-nontransferable ........................................... 1-2.5-11
Issuance ......................................................... 1-2.5-11
Required ........................................................ 1-2.5-8
Automatic dialing service
Interconnection to trunk line ................................. 1-2.5-4
Operating instruction service ................................. 1-2.5-5
Definitions ......................................................... 1-2.5-3
Equipment operation and maintenance ........................ 1-2.5-7
Excessive false alarm signals
Disbursement of service charges ............................. 1-2.5-14
Supp. No. l00 3851
ST. LUCIE COUNTY CODE
Section
ALARM SYSTEMS (Cont'd.)
False alarm dispatch charge; collection ..................... 1-2.5-13
Generally ....................................................... 1-2.5-12
Law enforcement agencies and/or fire department
Direct connections to .......................................... 1-2.5-6
Purpose ............................................................ 1-2.5-1
Short title ......................................................... 1-2.5-1
ALCOHOLIC BEVERAGES
Alcohol and other drug abuse trust funds ..................... 1-7-20 et seq.
County property, on .............................................. 1-15-23
Hours of sale regulated .......................................... 1-3-1
Open containers, regulated
Definitions ...................................................... 1-3-5
Inapplicability .................................................. 1-3-7
Motor vehicles
Possession or consumption prohibited .................... 1-3-6
Specified sexual activities in commercial establishments
Certain activities prohibited .................................. 1-3-14
Definitions ...................................................... 1-3-13
Dressing rooms, use of ........................................ 1-3-15(b)
Hotel or motel bedrooms or suites ......................... 1-3-15(c)
Restrooms, use of ............................................ 1-3-15(a)
Exemptions ..................................................... 1-3-15
Findings if fact ................................................. 1-3-11
Intent ............................................................ 1-3-12
Legislative authorization ...................................... 1-3-10
Proof ............................................................. 1-3-16
Violations and penalties ....................................... 1-3-17
AMBULANCES
Life support services ............................................. 1-12.5-1 et seq.
AMUSEMENTS
Amusement devices; occupational license taxes and regula-
tions ........................................................... 1-12-28
ANIMALS AND FOWL (Domestic animal, fowl, livestock,
reptiles, amphibians, etc.)
Animal care ....................................................... 1-4-2 3
Animal control
Authority to enact ordinances ................................ 2-3-32
Definitions ...................................................... 2-3-34
Ordinance relating to animal control ........................ 2-3-34
Refusal to sign or accept citation ............................ 2-3-33
Animal shelter standards
Inspection ....................................................... 1-4-3 6
Intent and purpose ............................................ 1-4-34
Provisions, re ................................................... 1-4-3 5
Beaches, on ........................................................ 1-1 5-2 5
Care, animal ...................................................... 1-4-23
Dangerous dogs ................................................... 1-4-20
sUpp. No. ioo 3852
CODE INDEX
Section
ANIMALS AND FOWL (Domestic animal, fowl, livestock,
reptiles, amphibians, etc.) (Cont'd.)
Dead animals; disposal .......................................... 1-4-23(h)
Definitions ......................................................... 1-4-16
Disposition of dogs, cats, livestock found running at large .. 1-4-22
Supp. No. l00 3852.1
CODE INDEX
BUILDINGS (Generally) (Cont'dJ
Section
Examining boards .............................................. 2-5-4
Exemptions ..................................................... 2-5-3
Fees ............................................................. 2-5-7
Intent ............................................................ 2-5-1
Prohibited activities ........................................... 2-5-19
Public buildings impact fee ...................................... 1-16.3-11
et seq.
State registration, county certification numbers; display of 2-5-6
Swimming pools .................................................. 1-6-61
Unsafe buildings and structures
Appropriation of expenses .................................... 2-5-44
Authority to declare buildings unsafe ....................... 2-5-41
Enforcement proceedings ..................................... 2-5-45
Inspection of structures
Report ........................................................ 2-5-42
Notice of hearing
Corrective actions ........................................... 2-5-43
Right to appear in person or by counsel before board ..... 2-5-46
Violations; penalties ........................................... 2-5-47
Zoning and building regulations ................................ 2-14-33 et seq.
See: PLANNING
BUSINESSES
Alcoholic beverages
Business selling, transferring alcoholic beverage as acces-
sory to an eating place
Waiver of provisions ......................................... 1-3-4
Business taxes and regulations ................................. 1-12-16 et seq.
See: LICENSES AND PERMITS (Business taxes, etc.)
Economic development ad valorem tax exemptions
Eligible business or industry ................................. 1-19.3-59
Environmental control
Florida-friendly fertilizer use
Licensing of commercial applicators ....................... 1-7.6-57
Graffiti implements, sales restrictions ......................... 1-2-72
See also: GRAFFITI
Paw nbrokers and secondhand dealers ........................ 1-15.5-1 et seq.
See: PAWNBROKERS AND SECONDHAND DEALERS
C
CABLE TELEVISION (Franchise)
Acceptance by transferee ........................................ 1-5.5-18
Annual construction report required ........................... 1-5.5-27
Applicability; grant of authority ................................ 1-5.5-9
Application for grant, renewal, modification, transfer ....... 1-5.5-11
Changes in ownership/control ................................... 1-5.5-14
Conflict of laws ................................................... 1-5.5-20
Consent not a waiver ............................................ 1-5.5-16
Construction bond ................................................ 1-5.5-34
Supp. No. 100 3855
ST. LUCIE COUNTY CODE
Section
CABLE TELEVISION (Franchise) (Cont'd.)
Construction practices ........................................... 1-5.5-39
Continuity of service mandatory ................................ 1-5.5-49
County ownership authorized ................................... 1-5.5-55
Customer service requirements ................................. 1-5.5-41
Administration of customer service .......................... 1-5.5-42
Definitions ......................................................... 1-5.5-10
Design; minimum facilities, services ........................... 1-5.5-35
Discrimination prohibited ....................................... 1-5.5-44
Duration ........................................................... 1-5.5-23
Errors, procedure for correction ................................ 1-5.5-58
Fee and forfeiture ................................................ 1-5.5-17
Fines, schedule of ................................................ 1-5.5-42
Force majeure ..................................................... 1-5.5-60
Franchise characteristics, rights, obligations ................. 1-5.5-19
Government channels, facilities ................................ 1-5.5-37
Grant of franchise; evaluation .................................. 1-5.5-12
Hearing rules ..................................................... 1-5.5-57
Incorporation in Code ............................................ 1-5.5-7
Indemnification ................................................... 1-5.5-31
Insurance .......................................................... 1-5.5-32
Intent, purpose ................................................... 1-5.5-8
Joint use of poles ................................................. 1-5.5-28
Libraries, service to .............................................. 1-5.5-36
Nonexclusive, franchise .......................................... 1-5.5-21
Operation, relocation of franchisee's property ................. 1-5.5-25
Overlapping applications ........................................ 1-5.5-22
Payments, franchise .............................................. 1-5.5-29
Performance by county upon failure of franchise ............. 1-5.5-26
Performance evaluation .......................................... 1-5.5-51
Permit required, construction ................................... 1-5.5-40
Privacy, subscriber ............................................... 1-5.5-43
Public streets and ways, use of ................................. 1-5.5-24
Rates and charges ................................................ 1-5.5-50
Refunds to subscribers, schedule of ............................ 1-5.5-42
Renewals .......................................................... 1-5.5-13
Reports, records .................................................. 1-5.5-30
Reservation of rights ............................................. 1-5.5-61
Revocation, county's right of .................................... 1-5.5-45
Revocation, suspension, procedures for ........................ 1-5.5-46
Rights reserved to franchise .................................... 1-5.5-54
Schools, service to ................................................ 1-5.5-36
Security fund corporate guarantee ............................. 1-5.5-33
Short title ......................................................... 1-5.5-6
Submission to county; filing ..................................... 1-5.5-56
Technical standards; construction procedures ................. 1-5.5-38
Termination, expiration .......................................... 1-5.5-48
Theft of services; tampering ..................................... 1-5.5-59
Transfers of control; application, consent ...................... 1-5.5-15
supp. No. ioo 3856
CODE INDEX
ELECTIONS
Section
Referendum re sale surtax ...................................... 1-19.3-74
St. Lucie County mosquito control district; bonds
Election ......................................................... 2-9-33, 2-9-34
EMERGENCIES
Emergency medical transport services ......................... 1-12.5-1 et seq.
See: LIFE SUPPORT SERVICES
Fire/EMS protection impact fee ................................. 1-7.9-5 et seq.
See: FIRE PROTECTION
Garbage, trash and refuse
Collection of solid waste, recyclable materials
Removal of debris from public and private rights-of--way
during a declared state of local emergency.......... 1-9-75
Licensing and examination of construction contractors
Certificate of competency
Temporary suspension during a hurricane, tornado or
other disaster ........................................... 2-5-22
Price gouging during emergencies .............................. 1-6.3-51 et seq.
See: CIVIL DEFENSE AND EMERGENCY MANAGE-
MENT
Water shortage plan; declaration of emergency ............... 1-20.5-41
EMPLOYEES. See: OFFICERS AND EMPLOYEES
ENERGY IMPROVEMENT. See: SUSTAINABILITYAND EN-
ERGY IMPROVEMENT
ENVIRONMENTAL CONTROL
Compiled laws
Appeals .......................................................... 2-6.5-11
Construction in relation to other law ........................ 2-6.5-20
Definitions ...................................................... 2-6.5-3
Effective date ................................................... 2-6.5-24
Electric facilities exempted ................................... 2-6.5-23
Enforcement
Civil, procedure .............................................. 2-6.5-15
Criminal, procedure ......................................... 1-6.5-13
Hearing board orders and injunctive relief ............... 2-6.5-15
Environmental control board
Appointment ................................................. 2-6.5-6
Duties and powers ........................................... 2-6.5-5, 2-6.5-7
Organization ................................................. 2-6.5-4
Environmental control officer
Appeals from actions or decisions of ...................... 2-6.5-11
Exemptions ..................................................... 2-6.5-8
Electric facilities ............................................. 2-6.5-23
Fines
Civil fines to be liens ........................................ 2-6.5-18
Health department
Powers of ..................................................... 2-6.5-21
Supp. No. 100 3867
ST. LUCIE COUNTY CODE
Section
ENVIRONMENTAL CONTROL (Cont'd.)
Hearing board
Duties and powers ........................................... 2-6.5-10
Enforcement of orders and injunctive relief .............. 2-6.5-15
Organization ................................................. 2-6.5-9
Intent ............................................................ 2-6.5-2
Judicial review ................................................. 2-6.5-12
Legislative intent .............................................. 2-6.5-2
Liens
Civil fines to be liens ........................................ 2-6.5-18
S everability ..................................................... 2-6.5-22
Short title ....................................................... 2-6.5-1
Subpoena
Refusal to obey .............................................. 2-6.5-19
Violations, penalties
Civil fines to b e liens ........................................ 2-6.5-18
Civil penalties ............................................... 2-6.5-17
Criminal penalties ........................................... 2-6.5-16
Florida-friendly fertilizer use
Applicability .................................................... 1-7.6-46
Application practices .......................................... 1-7.6-51
Definitions ...................................................... 1-7.6-45
Fertilizer content and application rates ..................... 1-7.6-50
Fertilizer-free zones ........................................... 1-7.6-48
General exemptions ............................................ 1-7.6-53
Licensing of commercial applicators ......................... 1-7.6-57
Low maintenance zones ....................................... 1-7.6-49
Management of grass clippings and vegetative matter.... 1-7.6-52
Penalties ........................................................ 1-7.6-5 8
Soil test information ........................................... 1-7.6-5 5
Specific exemptions ............................................ 1-7.6-54
Timing of fertilizer application ............................... 1-7.6-47
Marine sanitation
Definitions ...................................................... 1-7.6-3 1
Enforcement .................................................... 1-7.6-36
Exceptions ...................................................... 1-7.6-3 8
Marina sanitation facilities
Existing marinas ............................................ 1-7.6-34(b)
Required ...................................................... 1-7.6-34(a)
Mooring restrictions ........................................... 1-7.6-3 3
Pump-out receipt requirement ............................... 1-7.6-35
Statement of purpose .......................................... 1-7.6-30
Unlawful discharges ........................................... 1-7.6-3 2
Violations and penalties ....................................... 1-7.6-37
On-site sewage disposal systems on Hutchinson Island
Administrative waiver ......................................... 1-7.6-43
Definitions ...................................................... 1-7.6-40
Mandatory hookups for existing systems to central sewer-
age systems ................................................ 1-7.6-4 1
suPp. No. loo 3868
CODE INDEX
Section
ENVIRONMENTAL CONTROL (Cont'd.)
Prohibition of construction of systems ....................... 1-7.6-42
Administrative waiver ...................................... 1-7.6-43
Violations; penalties; enforcement ........................... 1-7.6-44
Sludge, septage and sewage disposal
Enforcement by environmental control hearing board..... 1-10-24
EROSION. See: DRAINAGE AND EROSION CONTROL
EXCRETA
Animal owner's responsibility ................................... 1-4-23(f)
F
FABERS COVE
Use of seines ...................................................... 2-7-5
FAIR HOUSING. See: HOUSING
supp. No. ioo 3868.1
CODE INDEX
LAWN AND ORNAMENTAL SPRINKLING
Water shortage plan
Irrigation hours ................................................
Rain sensor device .............................................
LIBRARY
Advisory board, library, creation of .............................
Creation of county library system ............................. .
Director, county library ......................................... .
Impact fee, libraries
Appeals ..........................................................
Computations ...................................................
Credits ..........................................................
Definitions ......................................................
Districts created ...............................................
Exemptions .....................................................
Imposition ......................................................
Independent property appraisal ..............................
Intents; purposes ...............................................
Payment ........................................................
Property review appraisal ....................................
Refund of fees paid ............................................
Review, automatic adjustment of fees .......................
Rules of construction ..........................................
Short title, authority, applicability ...........................
Trust funds established .......................................
Use of funds ....................................................
Law library
Appropriation of funds ....................................... .
Board of trustees ...............................................
Court costs for support of library, levy ......................
Disposition of donations .......................................
Law library fund ...............................................
Law library funds, disposition of .............................
Legislative intent, declaration of ...............................
Public library service, authority to provide ....................
Qualifications, regulations, contributions ......................
LICENSES AND PERMITS (Miscellaneous provisions)
Alarm permits ....................................................
See: ALARM SYSTEMS
Animal shows, travelling ....................................... .
Building and equipment moving ................................
See: ROADS AND BRIDGES
Building permits. See: ZONING (Appendix A)
Buildings; licensing and examination of construction contrac-
Section
1-20.5-39
1-20.5-40
1-11-4
1-11-2
1-11-3
1-11-27
1-11-16
1-11-18
1-11-14
1-11-22
1-11-26
1-11-15
1-11-20
1-11-12
1-11-17
1-11-21
1-11-25
1-11-28
1-11-13
1-11-11
1-11-23
1-11-24
2-10-18
2-10-16
2-10-17
2-10-20
2-10-19
1-7-5
1-11-1
2-10-1
1-11-5
1-2.5-5 et seq.
1-4-28
1-17-40 et seq.
tors ............................................................ 2-5-1 et seq.
Camping overnight on county property; permit ............... i-25-17
Conditional use permits. See: ZONING (Appendix A)
Contractors (unlicensed) .........................................1-6.8-21 et seq.
Supp. No. 100 3877
ST. LUCIE COUNTY CODE
Section
LICENSESAND PERMITS (Miscellaneous provisions) (Cont'd.)
County property and facilities, generally
Use permit ...................................................... 1-25-27
Development permits ............................................ 1-8.5-8
Driveway permits ................................................ 1-5-82 et seq.
See: BUILDINGS (Generally)
Environmental control
Florida-friendly fertilizer use
Licensing of commercial applicators ....................... 1-7.6-57
Flood damage prevention: development ........................ 1-8.5-8,
1-8.5-22
Garbage and trash collection .................................... 1-9-20 et seq.
Group functions held on county property; permit ............ 1-15-26
Heavy vehicles and equipment in residential districts....... 1-20-45
Life support services ............................................. 1-12.5-1 et seq.
Motor carriers ..................................................... 1-13.3-16
et seq.
See: MOTOR CARRIERS
Noise control; special permit .................................... 1-13.8-20
Ordinances and resolutions not affected by Code ............. 1-1-3
Water and sewers
Industrial pretreatment
Industrial wastewater discharge permit .................. 1-20.5-84
Permit fees and penalties .................................. 1-20.5-89
LICENSES AND PERMITS (Business taxes and regulations)
Advertising space renters ....................................... 1-12-27
Amusement devices .............................................. 1-12-28
Apartments ....................................................... 1-12-29
Application ........................................................ 1-12-19
Businesses, general .............................................. 1-12-36
Cafes ............................................................... 1-12-30
Contracting ........................................................ 1-12-31
Date due; delinquency ........................................... 1-12-18
Definitions ......................................................... 1-12-16
Display ............................................................ 1-12-20
Eating establishments ........................................... 1-12-30
Engaging in business, payment of tax prerequisite to
Exceptions as to vehicles used in business .................. 1-12-17
Exemptions ........................................................ 1-12- 2 5
Farm products, exempt .......................................... 1-12-26
Floricultural products, exempt .................................. 1-12-26
Gambling not authorized ........................................ 1-12-24
Grove products, exempt .......................................... 1-12-26
Horticultural products, exempt ................................. 1-12-26
Hotels .............................................................. 1-12-29
Insurance adjusters .............................................. 1-12-32
Issuance of business tax receipt ................................ 1-12-20
Junk dealers, traveling .......................................... 1-12-41
Lottery not authorized ........................................... 1-12-24
Supp. No. 100 38'J$
CODE INDEX
Section
LICENSES AND PERMITS (Business taxes and regulations)
(Cont'dJ
Manufacturing .................................................... 1-12-33
Mining ............................................................. 1-12-33
Motels .............................................................. 1-12-29
Pari-mutuel wagering facilities
Permit and license required .................................. 1-12-61
Quarrying ......................................................... 1-12-33
Restaurants ....................................................... 1-12-30
Retail store license ............................................... 1-12-37
Tangible personal property, trading in ......................... 1-12-38
Taxes collected, disposition of
Report to revenue department ............................... 1-12-22
Transfer of business tax receipt ................................ 1-12-21
Tropical fish farm products, exempt ............................ 1-12-26
Tropical piscicultural products, exempt ........................ 1-12-26
Vending machines ................................................ 1-12-39
Peddlers and hawkers; permits ................................. 2-13-16 et seq.
Traffic; parking, stopping and standing
Building and equipment moving ............................. 1-17-40 et seq.
See: ROADS AND BRIDGES
Heavy vehicles and equipment in residential districts;
permits ..................................................... 1-20-45
LIENS
Duration of, imposed by Code enforcement board ............ 1-2-26
See: CODE ENFORCEMENT BOARD
Municipal service taxing unit; special assessments .......... 1-13.5-11
LIFE SUPPORT SERVICES
Appeals ............................................................ 1-12.5-18
Application; information, fee requirement ..................... 1-12.5-5
Authority; purpose ............................................... 1-12.5-2
Board of county commissioners review of application........ 1-12.5-8
Certificate holders, requirements for ........................... 1-12.5-13
Classification of certificates ..................................... 1-12.5-4
Definitions ......................................................... 1-12.5-3
Emergency medical services advisory council review of ap-
plication ...................................................... 1-12.5-7
Exemptions ........................................................ 1-12.5-12
Inspections ........................................................ 1-12.5-14
Insurance requirements ......................................... 1-12.5-10
Penalties ........................................................... 1-12.5-19
Renewal and amendment of certificate ........................ 1-12.5-16
Review of application; investigation by public safety director 1-12.5-6
Revocation, alteration, suspension of certificate .............. 1-12.5-17
Standards of review of application ............................. 1-12.5-9
Title ................................................................ 1-12.5-1
Transfer; assignability ........................................... 1-12.5-15
Wheelchair vehicle services ..................................... 1-12.5-11
Supp. No. 100 3879
ST. LUCIE COUNTY CODE
Section
LITTER
Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq.
See: GARBAGE, TRASH AND REFUSE
LOBBYIST REGISTRATION AND REPORTING
Definitions ......................................................... 1-2-62
Exemptions ........................................................ 1-2-65
Professional consultant
Disclosure of lobbyist by professional consultant required 1-2-63
Registration and reporting requirements ...................... 1-2-64
Title ................................................................ 1-2-61
LOCAL PLANNING AGENCY
Generally .......................................................... 1-16-16 et seq.
See: PLANNING
LOTTERIES
Occupational license taxes and regulations ................... 1-12-24
M
MANUFACTURING
Occupational license taxes and regulations ................... 1-12-33
MAPS AND MAPPING
Right-of--way; plat abandonment procedures .................. 1-17-70 et seq.
Zoning map ....................................................... 2-14-37
MARINE SANITATION
Environmental protection ....................................... 1-7.6-30 et seq.
See: ENVIRONMENTAL CONTROL
MERCHANDISE
Selling or vending on county property ......................... 1-15-24
MINING AND EXCAVATIONS
Occupational license taxes and regulations ................... 1-12-33
MINORS
Children's services
Ad valorem taxes, levying ..................................... 1-6-38
Children's services council
Powers and functions ....................................... 1-6-34
Financial report ................................................ 1-6-37
Independent special district
Creation; governing body ................................... 1-6-32
Fiscal year ................................................... 1-6-35
Referendum ..................................................... 1-6-38
Title ............................................................. 1-6-3 1
Graffiti implements, sales restrictions ......................... 1-2-72
See also: GRAFFITI
Merchandising of tobacco products
Definitions ...................................................... 1-6-43
Enforcement .................................................... 1-6-46
suPP. No. ioo 3880
CODE INDEX
Section
MINORS (Cont'd.)
Exceptions ...................................................... 1-6-45
Intent ............................................................ 1-6-42
Placement of tobacco products in display unit and sale of
E-cigarette ................................................. 1-6-44
Short title ....................................................... 1-6-4
Territory embraced ............................................ 1-6-47
Parental neglect
Arrest, notice to parents ...................................... 1-6-17
Definitions ...................................................... 1-6-16
Detention, notice to parents .................................. 1-6-17
Habitual offenders
Parents may be deemed guilty of parental neglect ...... 1-6-19
Notice to parents upon arrest or detention ................. 1-6-17
Parental neglect declared unlawful .......................... 1-6-18
Teen court; court costs ........................................... 1-7-12
Tobacco products. See herein: Merchandising of Tobacco
Products
MOSQUITOES
St. Lucie County mosquito control district .................... 2-9-16 et seq.
See: HEALTH AND SANITATION
MOTELS
Occupational license taxes and regulations ................... 1-12-29
MOTOR CARRIERS
Licensure
Authority of board to promulgate rules and regulations .. 1-13.3-24
Certificate of transportation .................................. 1-13.3-17
Appeals ....................................................... 1-13.3-26
Application; contents; investigation ....................... 1-13.3-18
Review of application ..................................... 1-13.3-19
Standards of review .................................... 1-13.3-20
Insurance requirement ..................................... 1-13.3-21
Renewal of certificate; evidence of continuing compli-
ance ...................................................... 1-13.3-23
Revocation .................................................... 1-13.3-22
Transfers/assignability ...................................... 1-13.3-25
Continuing compliance, evidence of .......................... 1-13.3-22
Definitions ...................................................... 1-13.3-16
MOTOR VEHICLE TITLE LOANS. See: MOTOR VEHICLES
MOTOR VEHICLES
Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq.
See: GARBAGE, TRASH AND REFUSE
Alcoholic beverages; open containers
Consumption inside vehicle prohibited ...................... 1-3-6
Combat automobile theft program .............................. 1-18-2
County property, on
Operation and parking ........................................ 1-15-22
Supp. No. 100 3881
ST. LUCIE COUNTY CODE
Section
MOTOR VEHICLES (Cont'dJ
Motor carriers ..................................................... 1-13.3 et seq.
Motorized vessels on lakes and ponds in unincorporated
areas .......................................................... 1-14-3
See: BOATS AND WATERWAYS
Preserves; use of vehicles ........................................ 1-15-29
Public beaches; authority to regulate use of motor vehicles . 2-12-1
Title loans; state law to regulate ............................... 1-14-30
Traffic regulations ................................................ 1-20-1 et seq.
See: TRAFFIC
Unserviceable vehicles
Abandoned property, garbage, trash, junk and debris ..... 1-9-16 et seq.
See: GARBAGE, TRASH AND REFUSE
MUNICIPAL SERVICE BENEFIT UNITS
Contracts .......................................................... 1-13.6-9
County authorized to advance necessary expenses ........... 1-13.6-12
Creation-Authorized ............................................ 1-13.6-1
Creation of units ................................................. 1-13.6-5
Dissolution of units .............................................. 1-13.6-15
Financial hardship assistance program ........................ 1-13.6-16
Governing body of municipal service benefit units ........... 1-13.6-2
Notice of intent to issue bonds .................................. 1-13.6-14
Powers of benefit units .......................................... 1-13.6-3
Procedure for creation of municipal service benefit units.... 1-13.6-7
Proceedings by county engineer subsequent to hearing...... 1-13.6-8
Provisions supplemental ......................................... 1-13.6-13
Special assessments; collection ................................. 1-13.6-11
MUNICIPAL SERVICE TAXING UNITS
Budget adoption-Taxing units ................................. 1-13.5-4
Contracts .......................................................... 1-13.5-9
County authorized to advance necessary expenses........... 1-13.5-12
Creation-Authorized ............................................ 1-13.5-1
Creation of units ................................................. 1-13.5-5
Dissolution of units .............................................. 1-13.5-15
Governing body of municipal service taxing units ............ 1-13.5-2
Notice of intent to issue bonds .................................. 1-13.5-14
Powers of taxing units ........................................... 1-13.5-3
Procedure for creation of municipal service taxing units .... 1-13.5-6
Proceedings by county engineer subsequent to hearing...... 1-13.5-8
Provisions supplemental ......................................... 1-13.5-13
N
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS-
TEMS
Accidental discharges ............................................ 1-7.7-5
Construction and site erosion and sediment
Erosion and sediment control plan .......................... 1-7.7-12
Exemptions ..................................................... 1-7.7-14
5upp. No. 100 3882
CODE INDEX
Section
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS-
TEMS (Cont'd.)
Findings ......................................................... 1-7.7-11
Standards ....................................................... 1-7.7-13
Definitions ......................................................... 1-7.7-2
Enforcement measures ........................................... 1-7.7-8
Enforcement; notice of violation ................................ 1-7.7-7
Illicit stormwater discharge and connection
Discharge prohibitions ........................................ 1-7.7-15
Industrial, commercial or construction activity discharges 1-7.7-19
Interconnected MS4s .......................................... 1-7-7.2 1
Prohibition of illicit connections .............................. 1-7.7-16
Suspension of MS4 access ..................................... 1-7.7-18
Ultimate responsibility ........................................ 1-7.7-17
Watercourse protection ........................................ 1-7.7-20
Injunctive relief ................................................... 1-7.7-9
Inspections and monitoring ..................................... 1-7.7-6
NPDES permits required ........................................ 1-7.7-4
Purpose ............................................................ 1-7.7-1
Remedies not exclusive .......................................... 1-7.7-10
Responsibility for administration ............................... 1-7.7-3
NEGLECT
Parental neglect .................................................. 1-6-16 et seq.
See: MINORS
NEIGHBORHOOD STABILIZATION PROGRAM SALES STAN-
DARDSAND PROCEDURES
Acquisition procedures ........................................... 1-16.2-14
Consistency with comprehensive plan and land development
regulations ................................................... 1-16.2-19
Implementing resolutions authorized .......................... 1-16.2-17
Information on available county property ..................... 1-16.2-18
Minimum criteria for conveyance ............................... 1-16.2-16
Purpose ............................................................ 1-16.2-13
Sale of properties ................................................. 1-16.2-15
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
Exemptions ..................................................... 1-13.8-19
Penalties ........................................................ 1-13.8-2 1
Purpose ......................................................... 1-1 3.8-1
Sound level limitations ........................................ 1-13.8-18
Supp. No. l00 3882.1
ST. LUCIE COUNTY CODE
Section
NOISE (Cont'd.)
Special permit; application for ............................... 1-13.8-20
Terminology, standards, and definitions ..................... 1-13.8-16
Use districts
Classification ................................................. 1-13.8-17
Railroads; use of audible warning signals ..................... 1-16.5-1
NUISANCES
Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq.
See: GARBAGE, TRASH AND REFUSE
Animals; public nuisance prohibited ........................... 1-4-17
Graffiti as public nuisance ....................................... 1-2-74
See also: GRAFFITI
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
Supp. No. 100 3882.2
CODE INDEX
Section
SUSTAINABILITYAND ENERGY IMPROVEMENT (Cont'd.)
Eligible property owners ...................................... 1-19-11
Energy savings audit .......................................... 1-19-12
Financing ....................................................... 1-19-8
Findings ......................................................... 1-19-2
Non-ad valorem assessments ................................. 1-19-9
Notice ........................................................... 1-19-15
Purpose of the district ......................................... 1-19-5
Written agreement ............................................. 1-19-14
St. Lucie County property assessed clean energy improve-
ments
Alternative assessment procedures .......................... 1-19-18
Findings ......................................................... 1-19-17
SWIMMING
Beaches ............................................................ 1-15-25
SWIMMING POOLS
Fencing
Required ........................................................ 1-5-61
Waiver from requirement ..................................... 1-5-62
T
TAXATION
Additional homestead exemption for persons 65 and older
Amount of exemption .......................................... 1-19.3-87
Annual adjustment of income limitation .................... 1-19.3-90
Definitions ...................................................... 1-19.3-85
Generally ....................................................... 1-19.3-86
Process for claiming the exemption .......................... 1-19.3-88
Property held jointly with right of survivorship............ 1-19.3-89
Beach preservation act; taxation ............................... 2-12-29 et seq.
See: PARKS AND RECREATION
Children's services; ad valorem taxes .......................... 1-6-36
Discretionary sales surtax
Advertisement .................................................. 1-19.3- 7 5
Authorized surtax expenditures .............................. 1-19.3-72
Distribution of surtax ......................................... 1-19.3-73
Imposition of sales surtax ..................................... 1-19.3-71
Referendum ..................................................... 1-19.3-74
Economic development ad valorem tax exemptions
Appeals .......................................................... 1-19.3-61
Application generally .......................................... 1-19.3-56
Definition of terms ............................................. 1-19.3-55
Eligible business or industry ................................. 1-19.3-59
Enactment and authority ..................................... 1-19.3-52
Fees ............................................................. 1-19.3-5~
Ineligible business or industry ............................... 1-19.3-6C
Jurisdiction ..................................................... 1-19.3-5~
Procedure ....................................................... 1-19.3-5i
Supp. No. l00 3895
ST. LUCIE COUNTY CODE
Section
TAXATION (Cont'dJ
Purpose and intent ............................................ 1-19.3-54
Short title ....................................................... 1-19.3-51
Libraries impact fees ............................................. 1-11-11 et seq.
Local option motor fuel tax
Distribution of .................................................. 1-19.3-42
Duration of ..................................................... 1-19.3-43
Levy of .......................................................... 1-19.3-41
Municipal service benefit units ................................. 1-13.6-1 et seq.
See: MUNICIPAL SERVICE BENEFIT UNITS
Municipal service taxing units .................................. 1-13.5-1 et seq.
See: MUNICIPAL SERVICE TAXING UNITS
Ninth cent gas tax
Distribution ..................................................... 1-19.3-82
Duration ........................................................ 1-19.3-83
Levy ............................................................. 1-19.3-81
Ordinances and resolutions not affected by Code ............. 1-1-3
Park impact fee ................................................... 1-15-3 1 et seq.
Pawnbrokers and secondhand dealers
Business tax receipt ........................................... 1-15.5-4
Public buildings impact fee ...................................... 1-16.3-11
et seq.
Tourist development tax ......................................... 1-19.3-30
et seq.
See: TOURISM
Zoning and building regulations; taxation ..................... 2-14-42
TAXICABS. See: MOTOR CARRIERS
TELEVISION
Cable television (franchise) ...................................... 1-5.5-1 et seq.
TENANT
Defined ............................................................ 1-1-2
THEFT
Combat automobile theft program .............................. 1-18-2
TOBACCO AND TOBACCO PRODUCTS
Merchandising of tobacco products ............................. 1-6-4 et seq.
See: MINORS
TOURISM
Tourist development council
Composition .................................................... 1-19.5-22
Created .......................................................... 1-19.5-21
Duties and powers ............................................. 1-19.5-23
Members
Appointment of .............................................. 1-19.5-21
Qualifications ................................................ 1-19.5-22
Terms ......................................................... 1-19.5-21
Powers and duties ............................................. 1-19.5-23
Supp. No. 100 3896
CODE INDEX
Section
TOURISM (Cont'd.)
Tourist development tax
Levy ............................................................. 1-19.5-30
Local administration of tax ................................... 1-19.3-32
Plan for tourist development ................................. 1-19.3-31
TOWING
Towing of illegally parked vehicles ............................. 1-20-16.1
et seq.
See: TRAFFIC
TRADITION COMMUNITY DEVELOPMENT DISTRICTS
Numbers 1-6
Provisions enumerated ........................................ 1-6.5-80 et seq.
See: COMMUNITY DEVELOPMENT
TRAFFIC
Animals; transporting in vehicle requirements ............... 1-4-23(e)
Building and equipment moving; safety requirements....... 1-17-45
Driver education safety trust fund ............................. 1-7-30 et seq.
Gentile Road
Use of portion of restricted ................................... 1-20-4
Hunting from county roads restricted .......................... 1-20-2
Moving violation penalty surcharge ............................ 1-20-5
Off-road vehicles
Liability of parents of children under eighteen ............. 1-20-64
Operation regulated ........................................... 1-20-62
Penalty .......................................................... 1-20-65
Prima facie violation ........................................... 1-20-63
One-way roads .................................................... 1-20-7
Operation and parking of motor vehicles on county property 1-15-22
Ordinances and resolutions not affected by Code ............. 1-1-3
Parking, stopping and standing
County property, on ............................................ 1-15-22
Handicapped, fire lanes, properties owned or leased by
county, road rights-of--way owned or leased by state
Civil penalties
Enumerated ............................................... 1-20-32
Procedures governing payment .......................... 1-20-33
Definitions .................................................... 1-20-26
Enforcement ................................................. 1-20-31
Fire lanes, parking in ....................................... 1-20-28
Handicapped persons, public parking spaces for ........ 1-20-27
Jurisdiction .................................................. 1-20-34
Property owned or leased by county, regulation of park-
ing in ..................................................... 1-20-29
Road rights-of--way owned or leased by state, regulation
of parking on ............................................ 1-20-30
Heavy vehicles and equipment in residential districts
Commercial vehicles and semitrailers prohibited or re-
stricted ................................................... 1-20-42
supp. No. ioo 3897
ST. LUCIE COUNTY CODE
Section
TRAFFIC (Cont'd.)
Conformity with existing ordinances ...................... 1-20-48
Construction vehicles; emergency repairs ................ 1-20-43
Definitions .................................................... 1-20-41
Delivery vehicles; emergency repairs ..................... 1-20-43
Industrial equipment prohibited or restricted ........... 1-20-44
Permits ....................................................... 1-20-45
Recreational vehicles, exemption for ...................... 1-20-47
Superseding county ordinances and state laws, applica-
tion of .................................................... 1-20-46
Illegally parked vehicles, ticketing of
Effect of failure to pay ticket or appear for hearing,
evidence of violation .................................... 1-20-18
Parking restricted on certain streets ........................ 1-20-17
Removal of vehicles ............................................ 1-20-16
Towing of illegally parked vehicles
Authority; intent to supplement ........................... 1-20-16.1
Definitions .................................................... 1-20-16.2
Fees
Nonconsentual tow ....................................... 1-20-16.3(1)
Private property impound ................................ 1-20-16.3(2)
Review and automatic adjustment of fees ................ 1-20-16.4
Roads and bridges ................................................ 1-17-1 et seq.
See: ROADS AND BRIDGES
Speed limits ....................................................... 1-20-1
Standing. See herein: Parking, Stopping and Standing
Towing of illegally parked vehicles. See herein: Parking,
Stopping and Standing
Truck weight limits established for certain roads ............ 1-20-3
Turning movements .............................................. 1-20-6
TRASH. See: GARBAGE, TRASH AND REFUSE
TREES. See: VEGETATION
TROPICAL FISH FARM PRODUCTS
Occupational license tax and regulations ...................... 1-12-26
TROPICAL PISCICULTURAL PRODUCTS
Occupational license tax and regulations ...................... 1-12-26
U
UTILITIES
Special improvements service district .......................... 1-17-16 et seq.
See: ROADS AND BRIDGES
Water and sewers ................................................1-20.5-1 et seq.
See: WATER AND SEWERS
V
VACCINATIONS
Dogs and cats; rabies vaccination required .................... 1-4-24, 2-3-17
Stipp. No. ioo 8898
CODE INDEX
Section
VANDALISM
County property, damaging ..................................... 1-15-18
Damaging, defacing property. See that subject
Graffiti ............................................................. 1-2-69 et seq.
See: GRAFFITI
VEGETATION
Environmental control
Florida-friendly fertilizer use
Management of grass clippings and vegetative matter . 1-7.6-52
Garbage, trash and refuse
Abandoned property, garbage, trash, junk and debris
Lot clean-up .................................................. 1-9-19.6
St. Lucie River (North Fork), banks of
Certain types of vegetation, destruction of .................. 1-7.5-21 et seq.
See: DRAINAGE AND EROSION CONTROL
Water shortage plan .............................................. 1-20.5-35
et seq.
See: WATER AND SEWERS
VEHICLES. See: MOTOR VEHICLES
VENDING MACHINES
Occupational license tax and regulations ...................... 1-12-39
W
WATER
Abandoned property, garbage, trash, junk and debris ....... 1-9-18
Additional provisions. See: GARBAGE, TRASH AND RE-
FUSE
Boating regulations. See: BOATS AND WATERWAYS
Canals, unlawful deposits in .................................... 2-17-1
Environmental control
Florida-friendly fertilizer use
Fertilizer-free zones ......................................... 1-7.6-48
Lakes, unlawful deposits in ..................................... 2-17-1
WATER AND SEWERS
Cross connections
St. Lucie County cross connection control policy
Backflow prevention devices required ..................... 1-10-37
Definitions .................................................... 1-10-35
Purpose ....................................................... 1-10-36
Fire hydrant installation standards ............................ 1-20.5-1
Fluoridation of water systems
Definitions ...................................................... 1-20.5-50
Fluoridation requirements .................................... 1-20.5-51
Hutchinson Island
On-site sewage disposal systems on Hutchinson Island... l-7.6-40 et seq.
See: ENVIRONMENTAL CONTROL
supp. No, ioo 3899
ST. LUCIE COUNTY CODE
Section
WATER AND SEWERS (Cont'd.)
Industrial pretreatment
Applicability .................................................... 1-20.5-81
Civil and criminal remedies .................................. 1-20.5-90
Confidentiality ................................................. 1-20.5-92
Definitions ...................................................... 1-20.5-80
Enforcement actions ........................................... 1-20.5-88
Industrial wastewater discharge permit .................... 1-20.5-84
Notification requirements ..................................... 1-20.5-91
Permit fees and penalties ..................................... 1-20.5-89
Powers and authority of inspectors .......................... 1-20.5-87
Pretreatment ................................................... 1-20.5-83
Prohibited discharge standards .............................. 1-20.5-82
Protection from damage ....................................... 1-20.5-86
Purpose and policy ............................................. 1-20.5-79
Reporting requirements ....................................... 1-20.5-85
Marine sanitation; unlawful discharges ....................... 1-7.6-32
On-site sewage disposal systems on Hutchinson Island ..... 1-7.6-40 et seq.
See: ENVIRONMENTAL CONTROL
Septage disposal. See herein: Sludge, Septage and Sewage
Disposal
Sewage disposal capacity
Building permit
Issuance prohibited until proof of adequate sewage
disposal capacity is shown ............................. 1-10-32
Certificate of occupancy
Issuance prohibited until adequate sewer capacity is
available ................................................. 1-10-34
Definitions ...................................................... 1-10-31
Obtaining approval, method of ............................... 1-10-33
Sludge, septage and sewage disposal
Article enforceable by environmental control hearing board 1-10-24
Definitions ...................................................... 1-10-22
Permitting of disposal organizations ......................... 1-10-21
Permitting of land spreading sites
Requirement that sites only spread waste transported
by permitted persons or organizations ............... 1-10-23
Transport and disposal of waste ............................. 1-10-21
St. Lucie County cross connection control policy. See herein:
Cross Connections
St. Lucie County district
Budgeting and financial reporting requirements ........... 1-20.5-78
Creation; purpose; boundaries ................................ 1-20.5-76
Special district charter
Adoption of ................................................... 1-20.5-77
Uniform water and sewer service policy
All water through meter ...................................... 1-20.5-58
Definitions ...................................................... 1-20.5-52
Grease traps, oil separators .................................. 1-20.5-56
Hazardous wastes .............................................. 1-20.5-57
suPP. No. loo 3900
CODE INDEX
Section
WATER AND SEWERS (Cont'dJ
Industrial wastewater ......................................... 1-20.5-55
Unauthorized connections
Sewer ......................................................... 1-20.5-53
Water ......................................................... 1-20.5-54
Water shortage plan
Amendments to plan .......................................... 1-20.5-38
Application of article provisions .............................. 1-20.5-37
Declaration of water shortage ................................ 1-20.5-41
Definitions ...................................................... 1-20.5-36
Enforcement .................................................... 1-20.5-42
Intent and purpose ............................................ 1-20.5-35
Lawn and ornamental sprinkling
Irrigation hours .............................................. 1-20.5-39
Rain sensor device ........................................... 1-20.5-40
Penalties ........................................................ 1-20.5-43
Water shortage emergency .................................... 1-20.5-41
Water users to accept provisions ............................. 1-20.5-44
WATERWAYS. See: BOATS AND WATERWAYS
WEAPONS. See: FIREARMS AND WEAPONS
WELFARE
Authority to contract for nursing home care for indigents .. 1-21-1
Indigent persons
Authority to provide care for ................................. 2-18-1
Repayment of money expended for welfare purposes
Authority to obtain ............................................ 2-18-2
WHEELCHAIR TRANSPORT SERVICES. See: LIFE SUP-
PORT SERVICES
Z
ZONING
Environmental control
Florida-friendly fertilizer use
Fertilizer-free zones ......................................... 1-7.6-48
Low maintenance zones .................................... 1-7.6-49
Ordinances and resolutions not affected by Code ............. 1-1-3
Zoning and building regulations ................................ 2-14-33 et seq.
See: PLANNING
supp. No. ioo 3901