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Home My WebLink About1983ORDINANCE NO. 83-01 AN ORDINANCE ESTABLISHING REQUIREMENTS FOR LICENSURE OF NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County has made the roi]owing determinations: ]. Section 401.255(]), Florida Statutes, authorizes this Board to enact an ordinance regulating the business or service of primarily transporting upon the highways, waterways, and airways of St. Lucie County persons who are confined to wheelchairs or stretchers and whose conditions are such that they do not and wil! not likely need immediate medica] attention during transport. 2. The health, safety, and we]fare of the residents of St. Lucie County wi]! benefit from the licensing of non-emergency medical personnel. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis- sioners of St. Lucie County, Florida: PART A. ADDITION OF CHAPTER 1-]0 (HEALTH AND SANITATION) The Code of Ordinances of St. Lucie County, Florida, is amended by adding Chapter 1-]0, to read as follows: CHAPTER ]-]0 .~, HEALTH AND SANITATION ARTICLE I. IN GENERAL : " SECTIONS ]-]O-] - ]-]0-20. RESERVED. SECTION 1-10-21. ARTICLE II. LICENSURE OF NON-EMERGENCY MEDICAL TRANSPORTATION SERVICES REQUIREMENT FOR LICENSE. Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of primarily transporting upon the streets, highways, waterways, or air- ways of St. Lucie County persons who are confined to wheelchairs or stret- chers and whose conditions are such that they do not need and are not likely to need if ~iate medical attention durin~ ~ransport shall be licensed by the Board of County Commissioners of St. Lucie County (the Board) as a non-emergency medical transportation service. Licensure as a non-emergency medical transportation service includes wheelchair and stretcher car service. SECTION 1-10-22. APPLICATION FOR LICENSE. l. Any person, firm, corporation, association, governmental entity, or other such organization seeking licensure shall submit a completed application to the Board. (a) The original and seven copies of the application shall be submitted to the Office of the St. Lucie County Administrator. One copy of the completed application shall also be submitted to each of the following: Lawnwood Medical Center, Inc.; the St. Lucie County-Fort Pierce Fire Prevention and Control District; the St., Lucie County Health Depart- ment; and the St. Lucie County Welfare Association, Inc. (b) The application for licensure shall include: . (l) Documentation that vehicle(s) and equipment'are in good working order and meet the requirements specified by the Florida Depart- ment of Health and Rehabilitative Services pursuant to Section 401.255(2)(c), Florida Statutes. (2) Proof of adequate insurance coverage for claim~ arising out of injury or death of persons and damage to the property of others re- suiting from any cause for which the owner Of such business or service would be liable. Insurance coverage shall meet the.. requirements specified by the Florida Department of Health and Rehabilitative Services pursuant to Sec- tion 401.255(2)(d), Florida Statutes. (3) Evidence that drivers are trained in the correct use ~f special equipment required for wheelchair and stretcher transport as speci- fied in Section 401.281, Florida Statutes. (4) Evidence that non-emergency medical transportation vehicles are staffed by sufficient personnel to ensure safe loading and unloading of non-emergency patients. (5) Proof that sanitation and maintenance standards meet the requirements specified by the Florida Department of Health and Rehabilitative Services pursuant to Section 401.255(2)(g), Florida Statutes. (6) Proof that all vehicles possess a va]id vehicle permit from the Florida Department of Health and Rehabilitative Services issued pursuant to Sections 401.255(2)(h) and 401.26(2), Florida Statutes. (7) A certificate at the end of the application, signed by the app[icant(s), attesting that copies of the completed application have been delivered to: Lawnwood Medical Center, Inc.; the St. Lucie County-Fort Pierce Fire Prevention and Control District; the St. Lucie County Health Department; and the St. Lucie County Welfare Association, Inc. SECTION 1-10-23. DECISION UPON/~oPLICATION. The Board shall consider an application filed under this article at a regular meeting held no sooner than twenty-one days following filing of the application. The Board shall issue a license for the operation of a non-emergency medical transportation service within sixty days of the filing of the application to any applicant complying with ail the require- ments specified in this article. Such license is valid for a period of two years from the date of issuance. SECTION 1-10-24. RENEWAL OF LICENSE. TO renew a license or vehicle permit for a non-emergency medi- cal transportation service or vehicle, the applicant shal]: (a) Submit a renewal application to the Board at least thirty days prior to the expiration of said license or permit. (b) Provide documentation that current standards for issuance of a license or pemlt are met. PART-B. SEVERABILITY AND APPLICABILITY. " If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shal] be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, TalIahassee, Florida, 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect on~ / ~ , 1983. PART £. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to a~complish such intention; provided, however, that Parts B through E shal~not be codified. ENACTED this ~;'day of ~--~¢--/¢~ , 1983. PASSED AND DULY ATTEST: BOARD OF COUNTY COI~ISSIONERS ST. LUCIE COUNTY, FLORIDA 'Chairman STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid does hereby certify that the above and foregoing is a true and correct copy oran =rdi'nag~e adbpted by the ~aid Board of County Commissioners at a meeting held on ~%c~'~ ~ , 19~3. Witness my hand and_jthe seal of said Board this day of ~pg~DI~a~/~ 19~. Roger Poitras, clerk of the Board of County Commissioners of St. Lucie County,.Florida. ' .' ~Deputy Clerk. ORDINANCE NO. 83-02 AN ORDINA~iCE AUTHORIZING CREATION OF MUNICIPAL SERVICE TAXING UNITS IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(g), Florida Statutes, authorizes this Board to establish municipal service taxing units for any part or all of the unincorporated area of St. Lucie County. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance. authorizing creation of municipal service taxing units. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PAinT A. ADDITION OF CHA,OTER 1-13.5 (MUNICIPAL SERVICE TAXING UNITS) The Code of Ordinances of St. Lucie County, Florida, is amended by adding Chapter 1-13.5, to read as follows: CHAPTER 1-13.5 MUNICIPAL SERVICE TAXING UNITS SECTION 1-13.5-1. CREATION -- AUTHORIZED. Municipal service taxing units 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 municipal services from funds derived from service charges, special assessments, or taxes within such units. SECTION 1-13.5-2. SANE -- PROCEDURE. (a) The Board of County Commissioners, upon its own motion or upon written request, shall determine whether creation of a proposed municipal service taxing unit may be of benefit to the real and personal property within the boundaries of such unit. ,0 408 . 25t6 (b) If the Board finds that the creation of the proposed municipa! service taxing unit may be of benefit to the real and persona! property w!thin the boundaries of such unit, the County Administrator sha!l make or cause to be made such surveys and inves- tigations as he may deem necessary and shal! file w!th the Board his report, accompanied by a map and other pertinent data, setting forth: (1) the boundaries of the proposed unit and his recommen- dations as to any territory within such boundaries which should be excluded from the unit because of the disproportionate cost of providing for such territory the improvements or services requested or for any other reason; (2) the location or locations of any improvements to be acquired, !eased or insta!led; (3) an est!mate of the cost of such improvements; (4) an estimate of the annual expense of operating any such improvements and providing such serv!ces; and (5) an estimate of the maximum annua! assessment per thousand dollars ($1,000.00) or fraction thereof of ali rea! and persona! property, excluding homesteads, that wi1! be necessary to finance such improvements or services. (c) If the Board determines from the report of the County Administrator and from such other investigations as the Board may make or cause to be made that the improvements and services requested would be of benefit to the rea! and persona! property within the proposed unit and that the cost of providing such improvements and serv!ces would not be in excess of such benefit, the Board shall fix the place, date, and hour for a pub!ic hearing. The Board sha!l pub!ish notice of such public hearing twice in a daily newspaper of general circu!ation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such pub!ic hearing. The required advertisements shall be no less than -2- one-quarter page in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than eighteen (18) point. The advertisement shall not be placed in that portion of the newspaper in which lega! notices and classified advertisements appear. The advertisement sha!l be in substantially the fo!lowing form: NOTICE OF PROPOSED TAXING UNIT The Board of County Commissioners of St. Lucie County, Florida, proposes to create a municipa! service taxing unit within the area shown in the map in this advertisement. The proposed municipal service taxing unit wou!d provide the fol!owing improvements or services within such area only: (improve- merits or services requested, inc!udin~ions, estimated cost, and estimated annua! operating expenses}. SUCH IMPROVEMENTS OR SERVICES WOULD BE FUNDED BY SERVICE CHARGES, SPECIAL ASSESSMENTS, OR TAXES LEVIED WITHIN THE PROPOSED UNIT (THE AREA SHOWN IN THE MAP) ON[Y. The estimated maximum annual assessment per $!,000 of taxab!e va!ue of rea! and persona! property within the unit is A public hearing on the proposed municipal service taxing unit wi1! be held on (date and time) at (meeting p!ace). The advertisement shall also contain a geographic location map that clearly identifies the area included in the proposed municipal service taxing unit. The map shal! include major street names as a means of identifying the area. (d) At the advertised pub!ic hearing, the Board sha!! receive and hear any objections to the creation of the proposed municipa! service taxing unit, the boundaries of the unit, the improvements or services to be provided, or the !evy of service charges, special assessments, or taxes for such improvements or services. (e) If the Board finds, after the advertised pub!ic hearing, that the improvements or services would be of benefit to the real and persona! property within the boundaries of the proposed unit, that the cost of providing such improvements and -3- services is not in excess of the benefit gained, and that the creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. In addition to such findings, the resolution shall set forth the following: (1) the name or designation by which the unit shall be known~ (2) the boundaries of the unit; (3) the improvements or services to be provided in the unit; (4) if any improvements are to be acquired, leased or installed in order to provide for such services, a brief description thereof and the cost of such improvements and the estimated amount required annually to pay the cost of operating such improvements, or, if no improvements are to be acquired, leased, or installed, the estimated annual cost of providing such services; (5) the estimated maximum annual assessment per one thousand dollars ($1,000.00) or fraction thereof of assessed value on all real and personal property in the unit, excluding homesteads, that will be necessary to finance such improvements or services. SECTION 1-13.5-3. CONTRACTS. After the adoption of the resolution as provided for in Section 1-13.5-2 of this chapter, 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. SECTION ]-]3.5-4. ANNUAL ASSESSMENTS. In each year, before the levy of County taxes, the Board shall determine the amount required in the following fiscal year, in addition -4- 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 unit authorized by this chapter was created, and the amount so determined shall be specially assessed upon all real and personal property within the unit, excluding homesteads, in proportion to the assessed valuation of such real and personal property. Such special assessments 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 assessments shall be levied within the limits fixed for municipal purposes. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the Board and applied only to the purpose or purposes for which they were assessed. SECTION ]-13.5-5. 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 made available under Section 1-13.5-4 of this chapter. Any moneys so advanced ~nd 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. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. -5- PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. EFFECTIVE DATE. This ordinance shall take effect on CODIFICATION. PART D. /f-- , 1983. PART E. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ~"ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ENACTED this ~/~,~__ day of 1983. BOARD OF COUNTY COt4MISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: bOOK 408 .0E2051 STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of County Commissioners of the County and State aforesaid does hereby certify that the above and foregoing is a true and correct copy of an ordinance adopted by, the said Board of County Commissioners at a meetin~ held on ~(~ ~ , 19~. Witnes~ my hand and the seal of said Board this ~-~ day of ~ ' 19~'Roger Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida. ':puty Clerk 619659 408 . 2052 THE NE% TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida 619635 STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ..... .,.oy.i.??..o.~...~?~.i..,.~ ....... in the matter of ...... .o.r.d.~.,..a.,.c.~.p.%~0.2. ........................... was published in said newspaper in the issues of .......... 4/11/83 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and'has been entered as second class mail matter at the post office in Fort Pierce;:'in Said St. Lucie County, Florida, for a period of one year next pre- ceding t.b~ first publication of the attached copy of advertisement- and affiant fu~t~e' %'~.~that he has neither paid nor promised any person, firn~ or corpora- ~m~, ~n3:~di~count, rebate, commission or refund for the purpose of securing ~t_~s~d~'~i~eme~jfor publication in the said newspaper. ~)ra-t~'~t~. s.~i,~ribed before me :ti9 Z ~.'C'~,~ ' L~-.~'~' ~;',~ ~: ,:real the. · ~he nbt 'Lthi ~ ~lli: (305) 466-1100 1305) 678-4B96 2300 VIRGINIA AVENUE 33450 HAVERT L FENN. Di$l[Icl NO 1 · E E GREEN. Dist~icl NC) 2 · MAURICE SNYDER. D~slrict NO 3 · R DALE TREFELNER. Di$1rict NO 4 * BILL PALMER, Drslr~ct NO 5 May 9, 1983 Secretary of State The Capitol Tallahassee, FL 32301 Dear Sir: Attached please find a certified copy of Ordinance No. 83-02 authorizing creation of Municipal Services Taxing Units in St. Lucie County. This ordinance was enacted by the Board of County Commissioners of said County on May 3, 1983. Please advise me if I may provide you with any further information. Sincerely, Daniel B. Harrell County Attorney /mmc Attachment 61966O ORDINANCE NO~ 83-04 AN ORDINANCE ESTABLISHING A DEFERRED COMPENSATION PROGRA~ FOR THE OFFICERS AND EMPLOYEES OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. This Board has considered establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. 2. Section 112.215, Florida Statutes, authorizes counties to enter into deferred compensation programs for their respective officials and employees. 3. Certain tax benefits could accrue to employees, elected officials, and independent contractors participating in Deferred Compensation Plans. 4. Such benefits will act as incentives to County officers and employees voluntarily to set aside and invest portions of their current income to meet their future financial requirements and supplement their County retirement and Social Security (if applicable). 5. The National Association of Counties (NACo) has established a Master Deferred Compensation Program for its member Counties, permitting its member Counties and their employees to enjoy the advantages of this Program. 6. If this Board adopts the NACo Program, all regulatory, operational, administrative, and fiduciary responsibilities would be assumed by NACo on behalf of County. 7. NACo has agreed to hold harmless and indemnify the County, its appointed and elected officers, and participating employees from any loss resulting from NACo or its Agent's failure to perform its duties and services pursuant to the NACO Program. NOW, TBEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: °"408 P,c 2053 BOOK PART A. ADDITION OF CHAPTER 1-14.5 (OFFICERS AND EMPLOYEES) The Code of Ordinances of St. Lucie County, Florida, is amended by adding Chapter 1-14.5, to read as follows: CHAPTER 1-14.5 OFPICERS AND EMPLOYEES ARTICLE I. IN GENERAL SECTIONS 1-14.5 through 1-14.5-20. RESERVED. ARTICLE Il. DEFERRED COMPENSATION PROGRAM SECTION 1-14.5-21. ADOPTION. Pursuant to Section 112.215, Florida Statutes, the National Association of Counties (NACo) 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. The Program "Deferred Compensation Plan for Public Employees" and "Administrative Service Agreement" documents are incorporated into and made a part of this article by this reference. A copy of these 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. SECTION 1-14.5-22. ADMINISTRATION. The Public Employees Benefit Services Corporation (PEBSCO) shall administer the NACo Deferred Compensation Program on behalf of St. Lucie County. SECTION 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 requesting to participate in the Program. SECTION 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) Sheriff (4) Tax Collector (5) Property Appraiser (6) Supervisor of Elections (7) 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 NACo Deferred Compensation Program and the administrative performance of PEBSCO, and making appropriate recommendations to the board of county commissioners; (2) reviewing petitions by employees for advance distribution of deferred compensation in cases of unforseen emergencies, and making recommendations to PEBSCO and NACo; and (3) 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, except that a meeting shall be held to consider a petition for hardship distribution within thirty (30) days of such petition being filed. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILIING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect on September 1, 1983. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman William B. Palmer Aye Vice-Chairman Maurice Snyder Aye Commissioner Havert L. Fenn Aye Commissioner E. E. Green Aye Commissioner R. Dale Trefelner Absent PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ENACTED this 9th day of August, 1983. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE ,COUNTY, FLORIDA ir~a~ - STATE OF FLORIDA COUNTY OF ST. LUCIE THE NEWS TRIBUNE Published Seven Days A Week Fort Pierce, St. Lucie County, Florida Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fork Pierce in St. Lucie County, Florida; that the attache(] copy of advertisement, being - notice of ordinance in the matter of ~.~.~.-04 - compensation grogram was published in said newspaper in the issues of .......... 7/18/83 Affiant further says that the said News Tribune is a newspa er published at Fort Pierce, in said St. Lucie County, Florida, and that the sai~newspa r has heretofore been continuously published in said St. Lucie County. Florida. each day and has been entered as second class mail matter at the pos~ office i~ Fort Pierce, in ~id St. Lucie County, Florida, for a period of one ~cedi~g. ti~blication of the attached con" of a ..... y.ear n,ex.t.pr? rurth "s · ' · · ~,y uver~lsemen~- ana a[rla ~. ~. ~. !a.~s,~g~at,~e~as neither paid nor nromised a ......... ' ' n~ 1;iOn all ' (lisco~' ' ' '~ , r -y to~z~on, ilrm or corpora- . Y U~t~.,¥,~b~ ate, comnnsslon or refund for the purpose of securing t~s adver-tisementTo~ublication in the said newspaner Sw:o_rn to fihd.~dbs~i~e~:i, before me ~ ' A.D~;,~(:~r,~?9.1~3~v,f ~ · .............. :' ......... Notary Public ~Y coa~ ~ss ROND~D ThRU GENERAL It,S UND£RwRI[fiRS ' OR oo 408 .oE2058 STATE OF FLORIDA COUNTY OF ST. LUCXK THE UNDERSIGNED, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing £s a true and ,correct copy o£ an ordinance adopted by the said Board of County Commissioners at a meeting held on the ~' day of ~c-~o~~-- , 19.{~...~. WITNESS my hand and the seal of s~aid Board this /? day of -- ~-~~ , 19~ . Roger Poitras, Clerk of the Board of County Conmiaaionera of St. Lucie County, Florida. Deputy Clerk August 1S, 1983 :~ ST. LUCIE COUNTY BOARD OF C~INT¥ COMl'!t!~S!0~,'.[ FLORIDA DEPARTMENT OF STATE 1903 AUG 18 AM I0 George ~restone ~cre~a~ o~ ~aie Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 334S0 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/les of County Ordinance/s No./s August St. Lucie 83-4 2o Receipt of relative to: (a) County Ordinance/s which we have numbered (b) NK/ which we have numbered We bare filed this/these Ordinance/s in this office on August IS, 1983. The original/duplicate copy/les showing the filing date is/are being returned for your records. ~ Cordially, anc¥ Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 83-06 6Z 948 oRDis cE ORDIS CE NO. 82-1, CREATING THE GROVE STREET LIGHTING DISTRICT WHEREAS, the Board of County commissioners of St. Lucie County, Florida, has made the following determinations: 1. Ordinance No. 82-1, creating the Grove Street Lighting District in St. County, should be amended to set forth the name or designation for the district. 2. Ordinance No. 82-1 should be amended further to correct the description of the boundaries of the Grove street Lighting District. 3. Ordinance No. 82-1 should be amended further to provide for special assessment against both real and personal property in the Grove street Lighting District, as required by Article VII, Section 2, Florida Constitution. NOW, THEREFORE, BE IT ORDAINED by the Board of county Commissioners of St. Lucie county, Florida: A. Section 1 of ordinance No. 82-1 is hereby amended to read as follOWS: pursuant to Article II of Chapter 1-17, Code of ordinances of St. Lucie county, the Grove street Lighting District is hereby created in St. Lucie County, which district shall be known as ,'Special improvement Service District No. 10 of St. Lucie county, Florida." B. Section 2 of Ordinance No. read as follows: 82-1 is hereby amended to The boundaries of Special improvement Service District No. 10 shall be as followS, which property lies wholly within the unincorporated area of St Lucie county, Florida: Lot 248, less the west 30 leer'and the south 33.5 feet; all of Lot 249; Lot 250, less the east 103 feet; Lot 251, lesS the east 92 feet; all of Lot 252;. O~,A4 N Lot 253, less the north 33.5 feet and the west 30 feet; Lot 254, less the east 30 feet, the north 33.5 feet, and the west 78 feet; lot 260, less the west 30 feet; all of Lot 261; Lot 262, less the east 92 feet; Lot 263, less the east 92 feet; all of Lot 264; Lot 265, less the west 30 feet; all of the above being in Sheen's Plat of White City as recorded in Plat Book 1, at page 23, of the official records of St. Lucie County, Florida; and in addition Lot 11, Block 15, Indian River Estates, Unit 3, as recorded in Plat Book 10, at page 47, of the official records of St. Lucie County, Florida. C. Section 4 of Ordinance No. 82-1 is hereby amended to read as follows: The improvements and special services to be provided will be of special benefit to all property within the boundaries of Special Improvement Service District No. 10. The cost of providing such improvements and services will not be in excess of such special benefits. The apportionment of such costs by the levy of special assessment on all real and personal property in the district, including homesteads, on an ad valorem basis will be in proportion to such benefits. D. Section 5 of Ordinance No. 82-1 is hereby amended to read as follows: The Board of County Commissioners of St. Lucie County hereby authorizes the levy of special assessments on all real and personal property, including homesteads, in Special Improvement Service District No. 10, on an ad valorem basis of not more than $2.00 per $1,000.00 annually on the assessed value of such property for the purpose of providing street lights within the boundaries of the district. The special assessments shall be levied and a budget prepared and adopted by the Board at the same time and in the same manner as the Board prepares and adopts its County annual budget and levies taxes as provided by law. The special assessments shall be assessed, levied, collected, remitted to, and accounted for at the time and in the manner as the assessments, levy, collection, remittance, and accountability of taxes by the Board as provided by law. The Budget shall contain all of the estimated costs of providing street lights within the district as the Board shall determine to be necessary to provide such services. E. Section 6 of Ordinance No. 82-1 is hereby amended to read as follows: Those funds obtained from the levy of special assessments on all the real and personal property, including homesteads, within the boundaries of Special Improvement Service District No. 10 shall be maintained in a separate account and used solely for the purpose of providing street lights within the boundaries of the district. F. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. G. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. H. This ordinance shall take effect upon receipt of official acknowledgement from the Department of State that this ordinance has been filed. After motion and second, the vote on this ordinance was as follows: Chairman William B. Palmer Aye Vice-Chairman Maurice Snyder Aye Commissioner Havert L. Fenn Aye ~UOX~J-U P~GE Commissioner E. E. Green Aye Commissioner R. Dale Trefelner Aye PASSED AND DULY ENACTED this 16th day of August, 1983. BOARD OF COUNTY coMMIsSIONERS ST. LUCIE COUNTY, FLORIDA Chairman AT~EST: STATE OF FLORIDA COUNTY OF ST. LUCIE THE UNDERSICNED, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of an ordinance adopted by the said Board of County Commissioners at a meeting held on the /~z~ day of ~_~o-~ , 19~.~. WITNBSS my hand and the seal of Eid Board this /~f day of c:~:'..~.,..~..c,..~.~.~ , 19 ~. Roger Poltras, Clerk of the Board of County Commissioners of St. Lucie County, Florida. y~y~z~-~ Deputy Clerk 220 THE NEWS TRIBUNE Published Seven Days A Week Fort Pierce, SI. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a .... .~..k .-.o.~..k~ ............. in the matter of ...... .of..a.~.~...c.~..s?.L0.~' .......................... was published in said newspaper in the issues of .......... ......................... 7/?.7.(.s.~ ....................................... ~nt¥ Com ~,~f~ St; Luc · CoUnt~ ~lOr, laa ministration UU!lglgg, 2~ ¥1rglnta. A~enue,. ~publlc hearing to consider Jh~ e~acfm b~t .sf O~&l~a nc J' ,~o ~83-~, p copy of wh ch aHach~' 'harem k'nd~ by ~eference made a 'pa~t ~N ORDINANCE ~' ORDINANCE NO*'a~'lr; ' ~ CREATING THE=GROVE ~TREET~ L*,IG~T I N G ,:~ WHERE'RS~,:t~e Board 'OOunty Commls~l~he~ ~f' ',~t. Lucia Count~,.~Florlda, ~dhas mede , the fo &wipg ~ ~1. Ord Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day and hasbeen entered as second class mail matter at the post office in Fort Pierce, insaid St::L.ucie County, Florida, for a period of one year next pre- ceding t~gdir~pUbli~t;ion of the attached copy of advertisement and affiant further' s"ayi~l~('~'~ has ~either paid nor promised any person firm or corpora- tigr~_~_ ~e~/~:~ba~:commission or refund for the purpose of securing t~.~ertiS~n~-~4~o~.~U~lication in the said newspaper. S~r~ t~r~lt~ffhs~;ib~ ~efor~'me , ~: 2~7%~ ~. :,=~' , . JUL | .%~?~t~i~o~.,:~v_~,:~-.: ...... .~.....- .~L**-.: .x.~ ............. · ..~~: ........ ~¥ co,~., ss,o~' .- v^ ^~' ~^~ (SEAL) :, · , ~//' ' ''Notary Publiqlo,,D O , r^~,~,~S O~C ,3 1983 , 1/ ', r !:d GU'JEK~,L INS UNDTRwRI T'ER$ ,iDIstrlcf, ~ ~lcle V I I, ~onstitUlion. NOW, THERE, FORE, BE T ORDAINEE~by ;the; .~poard Of County~C~m~m!s~! :]$1ohers of St. Lucia Co0nty, ~ of Ordlnanc~ amended -the, east tLl~qt PAGE (305) 466-1100 (305) 8?8-4898 2300 VIRGINIA AVENUE 33450 HAVERT L. FENN, Dislrict No. 1 · E. E. GREEN. District No. 2 * MAURICE SNYDER, Districl NO 3 - R. DALE TREFELNER, Districl No 4 · BILL PALMER, District NO. 5 August 29, 1983 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 83-06 amending Ordinance. No. 82-1, creating the Grove Street Lighting District. This ordinance was enacted by the Board of County Commissioners of said County on August 16, 1983. Please advise if I may provide you with any further information. /Nmlc Sincerely, a~orie M. Canonlca Commission Secretary Attachment September 1, 1983 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica Commission Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of August 29 and certified copY/ies of St. Lucie County Ordinance/s No./s 83-6 NK/ 2. Receipt of relative to: (a) County Ordinance/s which we have numbered (b) 3o which we have numbered We have filed this/these Ordinance/s in this office on September 1, 1983. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 83-O7 6~?~0~ AN ORDINANCE AI~NDING ORDINANCE NO. 83-02, WHICE ADDED ~ 1-13.5, I~JNICIPAL SERVICE TAXING UNITS, TO THE OODE OF ORDINANO~S OF ST. LDCIE O3UNT~, FLORIDA WHERe, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. By the enactment of Chapter 1-13.5 of the Code of Ordinances of St. Lucie County, Florida, this Board has authorized the creation of municipal service taxing units in the unincorporated areas of the County. 2. Municipal service taxing units may be established 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 municipal services from funds derived from service charges, special assessments, or taxes within such units. 3. Article VII, Section 6 (a), of the Constitution of the State of Florida provides that assessments for special benefits are an exception to the homestead exemption from ad valorem taxation. 4. Within St. Lucie County, assessments for street lighting and other special taxing districts are levied against all taxable property within such districts, including homesteads. 5. Municipal service taxing units, like street lighting and other special taxing districts, provide special benefits. 6. Chapter 1-13.5 of the Code of Ordinances provides, however, that homesteads are excluded from assessments to finance municipal service taxing unit improvements or services. 7. Chapter 1-13.5 of the Code of Ordinances should be amended to provide that assessments for municipal service taxing units shall be against all taxable property within such units, including homesteads. NOW, T~FOR~, B~ IT ORDAINE~by the Board of County Commissioners of St. Lucie County, Florida: PART I. ~ OF {ItAF1ER 1-13.5 (t~IICIPAL SERVICE TAXING UNITS) Chapter 1-13.5 of the Code of Ordinances of St. Lucie County, Florida, is ar~nded as follows: A. Paragraph (b)(5) of Section 1-13.5-2 is amended to read: an estimate of the maximum annual assessment per thousand dollars ($1,000.00) or fraction thereof of all real and personal property, including homesteads, that will be necessary to finance such improvements or services. B. The form of notice in paragraph (c) of Section 1-13.5-2 is amended to read: NOTIC~ OF PROPOSED T~XI~G ~ The Board of County Commissioners of St. Lucie County, Florida, proposes to create a municipal service taxing unit within the area shown in the map in this advertisement. The proposed municipal service taxing unit would provide the following improvements or services within such area only: (improvements or services requested~ including locations~ estimated cost~ and estimated annual operating expenses). SUCH IMPROVEb~NTS OR SERVICES WOULD BE FUNDED BY SERVICE CHARGES, SPECIAL ASSESS~NTS, OR TAXES LEVIED WITHIN THE PROPOSED UNIT (THE AREA SHOWN IN THE MAP) ONLY. The estimated maximum annual assessment per $1,000.00 of taxable value of real and personal property, including homesteads, within the unit is A public hearing on the proposed municipal service taxing unit will be held on (date and time) at (meeting place). C. Paragraph (e)(5) of Section 1-13.5-2 is amended to read: the estimated maximum annual assessment per one thousand dollars (1,O00.O0) or fraction thereof of assessed value on all real and personal property in the unit, including homesteads, that will be necessary to finance such improvements or services. D. The first sentence of Section 1-13.5-4 is amended to read: 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 unit authorized by this chapter was created, and the amount so determined shall be specially assessed upon all real and personal property within the unit, including homesteads, in proportion to the assessed valuation of such real and personal property. PART II. SEVERABILITY A~D APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circum- stances, such holding shall not affect its applicability to any other person, property, or circumstances. oo 413 PART III. FILII~G ~ THE DEPART~ OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau ~f Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART IV. EFFECTIVE DATE. This ordinance shall take effect upon receipt of official acknow- ledgement from the Department of State that this ordinance has been filed. PART V. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" my be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts II through V shall not be codified. After motion and second, the vote of this ordinance was as follows: Chairman Maurice Snyder Aye Vice-Chairman R. Dmle Trefelner Aye Commissioner Havert L. Fenn Aye Co~ssioner E. E. Green Aye Commissioner William B. Palmer Aye PASSED AND DULY ENACTED this 4th day of October, 1983. ATTEST: BOARD OF COUNTY O0~MI~SIO~ ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA COUHTY OF ST. LUC[E THE URDERSICNED, Clerk o[ the Board of CouDty Commissioners of the County and State a[oresaid, does hereby certify that the above and £oregoing is a true and .correct copy of an ordinance adopted by ~e said Board of County Commissioners at a meeting held on the ~ day o£ ~P~ , 19_~. WI.T~ESS my hand and the seal of said ~oard this ~ day of '~ · , 19~ . Roger FolCraa, Clerk of the Board of County Commissioners of St. Lucia County, Florida. Deputy Clerk THE NE~, rRIBUNE Published Seven Days A Week Fort Pierce, St. Lucia County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a ...... .,.o. ~.~,~ ................. in the matter nf Ordinance 83-07 was published in said newspaper in the issues of .......... 9/12/83 Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, ~io said 'St. Lucie County, Florida, and that the saidnewspaper has heretofore ~?eWContinuously published in said St. Lucie County, Florida, each day and..~n entered as second class mail matter at the post office in Fort Pie. rce,~'.~.TS~"_St. Lucia County, Florida, for a period of one year next pre- cedin ~J~. ?J~__ ~; ~ubb_'cation of the attached copy of advertisement; and affiant furt] F'~)ld.t~ib ~]~'~_~s neither paid nor promised any person firm or co tio ~ ~ .o ..~ .... rpora- he ~.. :~.~, comrmsmon or refund for the purpose of securing tki.~ ~j~t~q~ ~.'l~SJi~ation in the said newspaper. S~ t~qjO~c~Su ,sCr~2'~bre me ~ .... , ~? ",~, '?,~;~x .?'.'..: ~: ......................... _ '~ ~'r~'%~ K ' '~'~~ .... ,',2 / ~Y COMMISSION EXPi~8S OU- 13 198 J~ L) .....~%~. ~ Notary ~bhc BONmo m~u ........ ~ 3 ,"''' 'NOTICE':, NOTICE IS HEREBY¢ G MEN that th~ Board of County Commissioners of; St. Lucle County, Florida, will, at its meeting at 9:00 A.M. on Tuesday, October: 4 1983 in Room 101 of the St. Lucle County Ad-: ministration Building, 2300J VIrglnle Avenue, Fort Pierce, Florida, hold a ~ public hearing to consider, the enectmenfbf Ordinance No. B3-07, a Copy of Which is . aHached hereto and by i reference model a part hereof. ~ ~ ,, DATED~ this 6th day of September 1983. , i (s)ROGEKPOiTRAS ~' [~ Roger Po tras' !~ Clerk of the Board~ ~ of County Commissioners of St. Luc · County I- i ~ '~ Florida." !~' """ PUBLISH: September': 12,i; ! ~ NO. 83-02, WHICH ADDED ~CHAPTER 'lr 13.5,~J MUNIClF~AL 'SERVICE? TAXING'UNITS TO THE~ CODE: OF ORDINANCES~ OF ST. LUClE COUNTY,~ FLORIDA,.:~' ~: H' ,i, : WHEREAS; the Boa~d oft COunty Co'mml$slOners of.~ St. Lucia: Courtly, 'Flo~ld&~e has 'made the follow!ng determinations: ~ " ' · i. By th· enactment bf~ ~ Cheater 1~13.8 of the Code of Ordinances of 'St.' Lucle~ County, Florlda,~thls Board : of municipal service texin~ ereasoftheCounty. . ' 2. Munlcl service tax-. e establish- ~ vic ices and :' 's t'r · dj, dralna facilities : taxh A. Para, SectiOn : to read ICE · ' °"413 E2174 .... 'i "~ ~' BOOK P~ (305) 466-11 O0 (305) 878-4898 33450 HAVERT L. FENN Dislricl No I · E E GREEN, District Ne. 2 · MAURICE SNYDER, Dislr~ct No. 3 · R. DALE TREFELNER. D~slrlcl No 4 * BILL PALMER, Dislricl NO 5 October 13, 1983 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find certified copies of Ordinance No. 83-07, amending Ordinance No. 83-02, which added Chap. 1-13.5, Municipal Service Taxing Units, to the Code of Ordinances of St. Lucie County, Florida, and Ordinance No. 83-08, amending Chap. 1-5, Article II of the Code of Ordinances of St. Lucie County, Florida. These ordinances were enacted by the Board of County Commissioners of said County on October 4, 1983. Please advise if I may provide you with any further information. Sincerely, Ma¥/orie M. Canonica (Miss) Cofunission Secretary /mmc Attachments October 17, 1983 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Miss Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Miss Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/les of County Ordinance/s No./s October 13~ St. Lucie 85-7 and 83-8 Receipt of relative to: (a) County Ordinance/s which we have numbered (b) which we have numbered We have filed this/these Ordinance/s in this office on October 17, 1983. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, · Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE 83-08 AN ORDINANCE AMENDING CHAPTER 1-5, ARTICLE II OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA: BY ADOPTING THE STANDARD BUILDING CODE, 1982 EDITION AND AMENDING CERTAIN PARAGRAPHS OF THE STANDARD BUILDING CODE WHEREAS, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. Sections 125.01, 163.295, and 553.73, Florida Statutes, empower the Board of County Commissioners of St. Lucie County, Florida to accept and enforce building, housing, and related technical codes and regulations for the safety, health, and welfare of the people. 2. Adoption of the Standard Building Code, 1982 Edition, as amended by this ordinance, will benefit the health, safety, and welfare of the residents of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-5 (BUILDING AND BUILDING REGULATIONS) Article II of Chapter 1-5 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. BUILDING CODE See. 1-5-16. Adopted. The Standard Building Code, 1982 Edition, as promulgated by the Southern Building Code Congress, is adopted by reference as the building code of the county, to apply to the unincorporated areas of the county. A copy of such code shall be filed in the Office of the County Development Coordinator and shall be available for public inspection during the regular business hours of such office. See. 1-5-17. Amendments. The building code of the county, as adopted by section 1-5-16, is hereby amended in the following respects: .Section 506.1~ Scope, is hereby amended so that the same shall henceforth read as follows: These requirements shall apply to all group R-C Residential and group B-Business buildings which are fifty (50) feet or more above the lowest level of fire department vehicle access. Such buildings shall be provided with an approved automatic sprinkler system in accordance with Section 506.10 and areas of refuge (Compartmentation) in accordance with Section 506.9. All mechanical and electrical systems shall be approved and installed in accordance with approved plans and specifications pursuant to this section and shall be tested and proved to be in proper working condition to the satisfaction of the county development coordinator before issuance of the certificate of occupancy. Section 506.9, Areas of Refuge (Compartmentation) Alternate, is hereby amended so that the title of such section shall read henceforth as follows: Areas of Refuge (Compartmentation) Section 506.9, Areas of Refuge (Compartmentation), subsection (a), is hereby amended so that the same shall read henceforth as follows: (a) Areas of refuge shall be provided for each story exceeding fifteen thousand (15,000) square feet. Each story exceeding fifteen thousand (15,000) square feet in area shall be divided into two (2) or more areas of approximately the same size but not exceeding fifteen thousand (15,000) square feet. Section 506.11, Alternates Permitted, is hereby amended so that the same shall read henceforth as follows: (a) When a complete approved automatic sprinkler system, complying with Section 506.10 is provided the following modifications of Code requirements are acceptable (see also footnote d Table 400) 1. The one and one-half wet standpipe, hose and nozzles is not required, however, the fire department risers and hose connections and required stairways are to be proved. 2. The manually operated fire alarm system required in the compartmented group R-Residential building is not required. 3. The required fire resistance rating of vertical shafts other than stairway enclosures and elevator hoistways may be reduced to one hour when sprinklers are installed within the shafts at alternate floors. 4. In Type I construction, partitions, columns, trusses, girders, beams and floors may be reduced by one hour, but no component or assembly shall be less than one hour. 5o Smoke proof enclosures may be omitted provided all required stairways are equipped with a dampered relief opening at the top and supplied mechanically with sufficient air to discharge a minimum of two thousand five hundred (2,500) cubic feet per minute through the relief opening while maintaining a minimum positive pressure of fifteen hundredths (0.15) inch water column relative to atmospheric pressure with all doors closed. Activation of the mechanical equipment shall be in accordance with Section 1104.6(h)6 of the Standard Building Code. Section 901.6, General, is hereby amended to reflect the addition thereto of paragraphs 5 and 6 which shall read as follows: In all buildings five (5) or more stories in height, or fifty (50) feet or more in height, whichever is less. An automatic fire sprinkles system as approved by the fire department shall be installed within all interior means of egress (exit access and exit) and in all common storage and maintenance areas. It shall also be connected to an approved fire alarm system. Section 2204.04~ Moving of Buildings~ is hereby amended to reflect the addition thereto of the following paragraph: The County Development Coordinator as a condition precedent to the issuance of a permit to move a building shall require a performance bond to be executed by the person desiring the permit, with satisfactory corporate surety. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida in an amount determined by the County Development Coordinator to be equal to the cost of demolition, removal or repair, in order to bring the building into compliance with the Standard Building Code, as amended and adopted by St. Lucie County. The bond shall be conditioned on bringing the relocated building into compliance with the Standard Build- ing Code within ninety (90) days from the date of relocation; if the building does not comply with the Standard Building Code within the ninety (90) day period the County shall give ten (10) days written notice of the noncompliance and of the County's intent to have a bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. PART B. SEVERABILITY AN APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereDy directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, PART D. EFFECTIYE DATE. 32304. This ordinance shall take effect on PART E. CODIFICATION. November 1 , 1983. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. After motion and second, the vote on this ordinance was as follows: Chairman Maurice Snyder Aye Vice-Chairman R. Dale Trefelner Aye Commissioner Havert L. Fenn Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Aye PASSED AND DULY ENACTED this 4th day of October, 1983. ATTEST: · ~Cler~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA / / Chai~mah / '~ STATE OF FLORIDA COUNTY OF ST. LUCIE TNE UNDERSICNED, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of an ordinance adopted by~e said Board o~f County Commissioners at a meeting held on the day of O~ , 19R~. SS my hand and the seal of said Board this ~ day of ..-~ , 19~ . Roger Po£tras, Clerk of the Board of County Commissioners of St. Lucie County, Florida. Deputy Clerk THENE~ ;RIBUNE Published Seven Days A Week Fort Pierce, St. Lucia County, F~orida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared James J. McMillen or Kathleen K. LeClair, who on oath says that he/she is Publisher, Publisher's Secretary of The News Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of advertisement, being a.. ?..o.t..~ ~. in the matter of. ordinance 83-08 was published in said newspaper in the issues of ...... 9/12/83 Affiant further says that the said News Tribune is a newspa r published at Fort Pierce, in said St. Lucie County, Florida, and that the sai~ewspaper has heretofore been continuously published in said St. Lucie County, Florida, each day a d has b.een entered as second class mail matter at the post office m Pie.r~ :~ ~id':St' Lucie County Florida fo ..... :A~ . ' ' Fort '!'~ .... p~.uu oz one year ne c~ ~e~ '~i"i~,~lication of the attached co .......... - . xt pre- ~fl:h, l'~' ,,, ~uver~lsemen~; anti affiant ~/~°t°~O~s neither paid n°rpr°mised any person firmorcor ora ~'tiO~{ ff.~fi~._~/y, te commission or refu-n ..... ' . P - ~('t,h~.'~ ...... -o ~ - 7, . · .....~ne purpose o! securin , :k~§,ean~..,4'~r~]~Uoncatmn in the said newspaner g ,~!,(]~ ~' ~ ,-~ ~j~ ~- - .................... i · BONDED THRU GENERAL INS. NOTICE' $ HEREBY GIVEN that the Board of' C~nty Commissioners of St~ Lucia County, Florida, will, at Its meeting at 9:00 A.M. on Tuesday October 4, 1983, n Room 101 of fha St. Luc · County Ad- ministration Bud ~g, 2300 Virginia Avenue, Fort Pierce, -~lorlda ho d public heaH~fo consider the enacfmen~LOrdinance N~fa3-08, a copy of which attached hereto and by re~rence made a part hereof, DATED this 6th day of ; September~ 1983. ~ (s)ROGER POITRA$,, , Roger Pelf res Cler~ of the Board j of C~unty Commissioners ~', of St. Lucia County, . PUBLISH 'Sepf.'12 1983 ; ~:' ORDINANCE 83-08 ~ AN ORDINANCE , A~ENDING CHAPTER 1- 5, ARTICLE '11 OF THE CODE OF ORDINANCES ' OF ST. L'UClE~ COUNTY,, FLORIDA: BY ADOP- TING THE STANDARD ~ BUILDING CODE, 1982 EDITION AND AMEN- ~D I N.G ~CE R.T A I N PARAGRAPHS OF THE STANDARD BUILDING .CODE ~ WHEREAS?the Board of Codnty Commissioners of ~St. Lucia County has made , the following ' determine: tlons: . I. Sections 125 01, 163.295, and .553.73~ Florida - St~tutes~ 'empoWer t'he~ : Board of County CommlsZ. ' stoners of St. Lucia County, ~ Florida' to accept and 'eh ':~ force bulldlng~ hous ng, and ~ related technice codes and regulations for the A~fety,' . [health end we fare ,u 2, Adoption of~the'-St~?.., Edition as ~mended b~'thi~ P ordinance wllU ~neflf'fh~ health, safety, and welfare of the residents of St. Lucia , County. . NOW THEREFORE', BE IT ' ORDAINED by the: ,B~rd of County Commls~, sloners of St. Luc · Cobnty PART A ~B U I ED'I NG, R E'G U L~A?' ~11 hereby a~e~d to read! ~RTICLE ~AJ aUI~'I~G~ ;~f The Sfendard ~Bulldlng' Code ~2 Ed t on, as pro:, · *mulgaf~d by'fha Southern~ ~ Building Code,Congress~ Is adoptedby reference as,the ~ ~ulldlng c~ ~f'th~ couhty; lcorporated :,'~reas of ifhe. ~ ,County. A,cOPy Of such d~e':- ~; Ihall be fll6d In the Office oD the County' Devel~Ment'" [~C~kdlnator~ end she , ~; Lavnllable for pub c 'tlon"durlng ' the ¥i~ buslnes~',hobrs ~f such ~/~.~The bOIIdlng c~e of the county, as ad.fed I~y emended -Jrt ~f~e ~ fei iow respects ~ ~ ~r ~ ,~hereby amendS'Jo4 m't. the f,~me sh~ll hen~efor~ ~ ~ead~ ~ These r~ulreme~t ~ shell[ Jpply :tO ' ~11 groul~ R-C Business .bulldlnds W~ eh~'- ~re rifle'(S0) f~fo more: .,~a~ve fh~ lowest qe ~el~ ell ,..fl~e diParfment vehl le aa: · cass. Such bulldihg~'shall' ~ prbvlded'wlff .ed aufomefic OR 0o, 413 . ?168 (305) 466-1100 (305) 878-4898 2300 VIRGINIA AVENUE 33450 HAVERT L FENN, Districl No. I · E. E. GREEN, Dislric! No 2 · MAURICE SNYDER, Dish'icl NO 3 · R. DALE TREFELNER, Districl NO 4 · BILL PALMER. Dislrict No 5 October 13, 1983 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 0entlemen: Attached please find certified copies of Ordinance No. 83-07, amending Ordinance No. 83-02, which added Chap. 1-13.5, Municipal Service Taxing Units, to the Code of Ordinances of St. Lucie County, Florida, and Ordinance No. 83-08, amending Chap. 1-5, Article II of the Code of Ordinances of St. Lucie County, Florida. These ordinances were enacted by the Board of County Commissioners of said County on October 4, 1983. Please advise if I may provide you with any further information. Sincerely, Ma~Jorie M. Canoniea (Miss Cofmmission Secretary /mmc Attachments ~ctober 17, 1983 FLORIDA DEPARrFME~ OF STATE George Firestone Secrelary o[ State Miss Marjorie M. Canonica, Secretary Board of County Commissioners 2500 Virginia Avenue Fort Pierce, Florida 33450 Dear Miss Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: Receipt of your letter/s of and certified copy/ies of County Ordinance/s No./s October 15~ St. Lucie 83-7 and 85-8 Receipt of relative to: (a) County Ordinance/s which we have numbered (b) NK/ which we have numbered We have filed this/these Ordinance/s in this office on October 17, 1983. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, Chief, Bureau of Laws FLORIDA-State of the Arts ORDINANCE NO. 83-09 AN ORDINANCE AMENDING CHAPTER 1-9, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING COLLECTION OF A FEE FROM USERS OF THE LANDFILL; ESTABLISHING RULES AND REGULATIONS FOR THE LANDFILL; AND ESTABLISHING REQUIREMENTS FOR A PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL, COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to regulate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from (a) the authorization to collect a fee from users of the St. Lucie County landfill, (b) the establishment of rules and regulations for the St. Lucie County landfill, and (c) the establishment of requirements for a permit to operate garbage and trash removal, collection, and disposal services. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ANENDMEIF£ OF ARTICLE I. (IN GENERAL) OF CHAPTER 1-9 {GARBAGE, TRASH AND REFUSE) Article I of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL SECTION 1-9-1. AUTHORITY TO COLLECT DISPOSAL FEE FROM USERS OF COUNTY LANDFILL SITE. The Board of County Commissioners is hereby authorized to establish by resolution and subsequently to charge and collect a fee from every person, firm, corporation, association, or governmental entity that uses the St. Lucie County landfill for disposal purposes. The resolution establishing a schedule of fees for using the landfill may provide the means or mechanism for the charging and collecting of those fees, may provide differing fees for differing classes of user and kinds of disposal material, and may exempt certain classes of user from payment of a fee. SECTION 1-9-2. RULES AND REGULATIONS OF COUNTY LANDFILL SITE. (a) The following are hereby established as the rules and regulations of the St. Lucie County landfill: (1) Every person, firm, corporation, association, or governmental entity using the landfill for disposal purposes shall pay the fee established pursuant to Section 1-9-2 of this article. Any person, firm, corporation, association, or governmental entity not paying or providing for the payment of the appropriate fee shall be denied use of the landfill. (2) No salvaging, scavenging, removal, or reclamation of any material is permitted at the landfill except upon express authorization of the Board of County Commissioners. (3) No person, firm, corporation, association, or governmental entity shall use the landfill except during the hours designated for such use as established by the Board of County Commissioners and posted at the entrance to the facility. (4) No disposal or placement of landclearing or building demolition debris is permitted at the landfill except upon express authorization of the Board of County Commissioners. (5) No child below 10 years of age is permitted outside any vehicle using the landfill. (6) No disposal or placement of tires is permitted at the landfill except within the area designated for tire disposal. (7) No disposal or placement of hazardous or poisonous waste or other material; or of any septage or sludge; or of any other material the disposal or placement of which would violate applicable local, state, or federal permits, regulations, or laws is permitted at the landfill. (8) All disposal activities at the landfill shall be in accordance with directions of landfill personnel. (b) Violation of any provision of this section shall be punishable as provided in Section 1-1-8 of this Code. SECTION 1-9-3 - 1-9-15. RESERVED. PART B. ADDITION OF ARTICLE III (GARBAGE AND TRASH COLLECTION) TO CHAPTER 1-9 (GARBAGE, TRASH, AND REFUSE) Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article III, to read as follows: ARTICLE III. GARBAGE AND TRASH COLLECTION SECTION 1-9-20. REQUIREMENT FOR PERMIT. Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service that furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of removing, collecting, or otherwise disposing of garbage and trash in the unincorporated areas of St. Lucie County, Florida, shall obtain a permit from the Board of County Commissioners of St. Lucie County, Florida (the Board). SECTION 1-9-21. APPLICATION FOR PERMIT. (a) Any person, firm, corporation, association, governmental entity, or other such organization seeking a permit under this article shall submit a completed application to the Board. (b) The application for a permit shall include: (1) Evidence that each driver possesses a valid Florida Drivers License, as required by Chapter 322, Florida Statutes, for the vehicles to be used in performing garbage and trash collection services. (2) Proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The required liability insurance shall be in amounts of not less than $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for property damage. (3) Documentation that vehicle(s) and other equipment meet the requirements of Chapter 316, Florida Statutes, and the following regulations: i. Each vehicle collecting garbage and trash shall be equipped with solid sides, bottom, and tailgate, and with a solid cover over the top to prevent trash and garbage from blowing or falling from the truck. ii. Each vehicle shall have the name of the permit holder and the permit number painted on each door, or in a conspicuous place on each side, in letters not less than 3 inches in height. (4) Proof of a valid contract or agreement with a landfill or other solid waste disposal site that holds a permit issued by Florida Department of Environmental Regulation pursuant to Part IV of Chapter 403, Florida Statutes, and complies with Chapter 17-7, Florida Administrative Code, and any other applicable rule or regulation. (c) Renewal of a permit shall be.accomplished in the same manner as application· SECTION 1-9-22. DECISION UPON APPLICATION. (a) The Board shall give notice of the filing of any application pursuant to this article by publishing, at the applicant's expense, legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following form: NOTICE OF APPLICATION FOR PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL COLLECTION, AND DISPOSAL SERVICES NOTICE IS HEREBY GIVEN that pursuant to Article III of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida,(name of applicant), whose business address is , has made application to the Board of County Commissioners for a permit to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County· The Board will consider the application at its regular meeting to be held in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, at 9:00 a.m. on DATED this day of . BOARD OF COU~ COMMISSIONERS ST. LUCIE COUP, FLORIDA (b) The Board shall consider an application filed under this article at a regular meeting held no sooner than 14 days following publication of the notice of filing the application· (c) Upon finding that the applicant has met all applicable requirements the Board shall issue the applicant a permit pursuant to this article. (d) Each permit issued pursuant to this article shall be valid for a period of two years from the date of issuance, or such shorter period as the Board may prescribe. SECTION 1-9-23. FORM OF PERMIT. Each permit issued pursuant to this article shall be in substantially the following form: PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL, COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA Pursuant to Article III of Chapter 1-9, Code of Ordinances of St. Lucie County, Florida, (name of Dermittee) is hereby authorized to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County, Florida, subject to all rules and regulations adopted by the Board of County Commissioners of the County and by the State of Florida. This permit is valid through . Issued this day of , BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: B~ Chairman Clerk SECTION 1-9-24. REVOCATION OF PERMIT. The Board shall revoke any permit issued under this article for failure of the permit holder to meet any requirement of this article or any rule or regulation adopted by the Board or the State of Florida. Notice of the Board's intent to revoke a permit for failure to meet any of the above requirements shall be sent to the permit holder by certified mail. If evidence of corrective measures is not presented to the Board within 21 days of the date the notice is sent, the permit shall be deemed revoked. If evidence of corrective measures is presented timely, the Board shall determine whether that evidence is credible and whether it indicates full compliance with all governing requirements. Failure to present credible evidence of full compliance with all governing requirements shall be grounds for revoking the permit. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on , 1983. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Maurice Snyder XX Vice-Chairman R. Dale Trefelner XX Commissioner Havert L. Fenn XX Commissioner E. E. Green XX Commissioner William B. Palmer XX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PASSED AND DULY ENACTED this 1983. day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By. Chairman Clerk ORDI NP~CE NO. 83-09 AN OP~)II%%NCE AMENDING CHAPTER 1-9, OF THE CODE OF ORDINANCES OF S,T. LUCIE COUNTY, FLORIDA; AUTHORIZING COLLECTION OF A FEE FROM USERS OF THE LANDFILL; ESTABLISHING RULES AND REGULATIONS FOR THE LANDFILL; AND ESTABLISHING REQUIREMENTS FOR A PEI~IIT TO OPERATE GARBAGE AND TRASH REMOVAL, COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida, to regulate waste collection and disposal for the health, safety, and welfare of the people. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from (a) the authorization to collect a fee from users of the St. Lucie County landfill, (b) the establishment of rules and regulations for the St. Lucie County landfill, and (c) the establishment of requirements for a permit to operate garbage and trash removal, collection, and disposal services. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE I. (IN GENERAL) OF CHAPTER 1-9 [GARBAGE, TRASB AND REFUSE) Article I of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE I. IN GENERAL SECTION 1-9-1. AUTHORITY TO COLLECT DISPOSAL FEE FROM USERS OF COUNTY LANDFILL SITE. The Board of County Commissioners is hereby authorized to establish by resolution and subsequently to charge and collect a fee from every person, firm, corporation, association, or governmental entity that uses the St. Lucie County landfill for disposal purposes. The resolution establishing a schedule of fees for using the landfill may provide the means or mechanism for the charging and collecting of those fees, may provide differing fees for differing classes of user and kinds of disposal material, and may exempt certain classes of user from payment of a fee. SECTION 1-9-2. RULES Arm REGULATIONS OF COUNTY L~d~DFILL SITE. (a) The following are hereby established as the rules and regulations Of the St. Lucie County landfill: (1) Every person, firm, corporation, association, or governmental entity using the landfill for disposal purposes shall pay the fee established pursuant to Section 1-9-2 of this article. Any person, firm, corporation, association, or governmental entity not paying or providing for the payment of. the appropriate fee shall be denied use of the landfill. (2) No salvaging, scavenging, removal, or reclamation of any material is permitted at the landfill except upon express authorization of the Board of County Commissioners. (3) No person, firm, corporation, association, or governmental entity shall use the landfill except during the hours designated for such use as established by the Board of County Commissioners and posted at the entrance to the facility. (4) No disposal or placement of landclearing or building demolition debris is permitted at the landfill except upon express-authorization of the Board of County Commissioners. (5) No child below 10 years of age is permitted outside any vehicle using the landfill. (6) No disposal or placement of tires is permitted at the landfill except within the area designated for tire disposal. (7) No disposal or placement of hazardous or poisonous waste or other material; or of any septage or sludge; or of any other material the disposal or placement of which would violate applicable local, state, or federal permits, regulations, or laws is permitted at the landfill. (8) All disposal activities at the landfill shall be in accordance with directions of landfill personnel. (b) Violation of any provision of this section shall be punishable as provided in Section 1-1-8 of this Code. 'SECTION 1-9-3 - 1-9-15. RESERVED. PART B. ADDITION OF ARTICLE III (GARBAGE AND TRASH COLLECTION] TO CHAPTER 1-9 (GARBAGE, TRASH, AND REFUSE) Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by adding Article III, to read as follows: ARTICLE III. GARBAGE ~ND TRASH COLLECTION SECTION 1-9-20. REQUIREHE~ FOR PE~4IT. Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service that furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of removing, collecting, or otherwise disposing of garbage and trash in the unincorporated areas of St. Lucie County, Florida, shall obtain a permit from the Board of County Commissioners of St. Lucie County, Florida (the Board). SECTION 1-9-21. APPLICATION FOR PE~.]IT. (a) Any person, firm, corporation, association, governmental entity, or other such organization seeking a permit under this article shall submit a completed application to the Board. (b) The application for a permit shall include: (1) Evidence that each driver possesses a valid Florida Drivers License, as required by Chapter 322, Florida Statutes, for the vehicles to be used in performing 9arbage and trash collection services. (2) Proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the property of others resultin9 from any cause for which the owner of such business or service would be liable. The required liability insurance shall be in amounts of not less than $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 per occurrence for property damage. (3) Documentation that vehicle(s) and other equipment ~aeet the requirements of Chapter 316, Florida Statutes, and the foilo%;ing regulations: i. Each vehicle collecting garbage and trash shall be equipped with solid sides, bottom, and tailgate, and with a solid cover over the top to prevent trash and garbage from blowing or falling from the truck. ii. Each vehicle shall have the name of the permit holder and the permit number painted on each door, or in a conspicuous place on each side, in letters not less than 3 inches in height· (4) Proof of a valid contract or agreement with a landfill or other solid waste disposal site that holds a permit issued by Florida Department of Environmental Regulation pursuant to Part IV of Chapter 403, Florida Statutes, and complies with Chapter 17-7, Florida Administrative Code, and any other applicable rule or regulation· (c) Renewal of a permit shall be accomplished in the same manner as application. SECTION 1-9-22. DECISION UPON APPLICATION. (a) The Board shall give notice of the filing of any appli~-W~-on pursuant to this article by publishing, at the applicant's expense, legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following form: NOTICE OF APPLICATION FOR PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL COLLECTION, AND DISPOSAL SERVICES NOTICE IS HEREBY GIVEN that pursuant to Article III of Chapter 1-9 of the Code of Ordinances of St. Lucie County, Florida,(name of applicant), whose business address is , has made application to the Board of County Commissioners for a permit to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County. The Board will consider the application at its regular meeting to be held in Room 101, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, at 9:00 a.m. on DATED this day of BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA (b) The Board shall consider an application filed under this article at a regular meeting held no sooner than 14 days following publication of the notice of filing the application. (c) Upon finding that the applicant has met all applicable requirements the Board shall issue the applicant a permit pursuant to this article. (d) Each permit issued pursuant to this article shall be valid for a period of two years from the date of issuance, or such shorter period as the Board may prescribe. SECTION 1-9-23. FORM OF PERMIT. Each permit issued pursuant to this article shall be in substantially the following form: PERMIT TO OPERATE GARBAGE AND TRASH REMOVAL~ COLLECTION, AND DISPOSAL SERVICES IN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY, FLORIDA Pursuant to Article III of Chapter 1-9, Code of Ordinances of St. Lucie County, Florida, (name of permittee) is hereby authorized to operate garbage and trash removal, collection, and disposal services in the unincorporated areas of St. Lucie County, Florida, subject to all rules and regulations adopted by the Board of County Commissioners of the County and by the State of Florida. This permit is valid through Issued this day of BOARD OF COUNTY COmmISSIONERS ..... ST. LUCIE COUNTY, FLORIDA ATTEST: Clerk SECTION 1-9-24. By Chairman REVOCATION OF PERMIT. The Board shall revoke any permit issued under this article for failure of the permit holder to meet any requirement of this article or any rule or regulation adopted by the Board or the State of Florida. Notice of the Board's intent to revoke a permit for failure to meet any of the above requirements shall be sent to the permit holder by certified mail. If evidence of corrective measures is not presented to the Board within 21 days of the date the notice is sent, the permit shall be deemed revoked. If evidence of corrective measures is presented timely, the Board shall determine whether that evidence is credible and whether it indicates full compliance with all governing requirements. Failure to present credible evidence of full compliance with all governing requirements shall be grounds for revoking the' permit. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on , 1983. PART F. ADOPTION. .... After-motion and second, the vote on this ordinance was as follows: Chairman Maurice Snyder XX Vice-Chairman R. Dale Trefelner XX Commissioner Havert L. Fenn XX Commissioner E. E. Green XX Commissioner William B. Palmer Xk PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. 1983. PASSED AND DULY ENACTED this day of BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By. Chairman Clerk ORDINANCE NO, 83-10 AN ORDINANCE ESTABtISHING ST. LUCIE COUNTY ?OURIST DEVELOPNENT COUNCIL WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.0104, Florida Statutes, authorizes this Board to establish the St. Lucie County Tourist Development Council. 2. The health, safety, and welfare of the residents of St. Lucie County will benefit from the passage of an ordinance establishing the St. Lucie Council Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF CBAPTER 1-19.5 (TOURISM) The Code of Ordinances of St. Lucie County, Florida is amended by adding Chapter 1-19.5, to read as follows: CHAPTER 1-19.5 TOURISN ARTICLE I. IN GENERAL Sections 1-19.5-1 - 1-19.5-20 Reserved. ARTICLE II. COUNCIL Section 1-19.5-21 Creation. ST. LUCIE COUNTY TOURIST DEVELOPMENT Pursuant to the provisions of Section 125.0104, Florida Statutes, an advisory council to be known as the "St. Lucie County Tourist Development Council" (Council) is hereby established. The Council shall be composed of nine members appointed by resolution of the Board of County Commissioners. The members of the Council shall serve staggered terms of four years. The terms of office of the original members shall be prescribed in the appointment resolution. Section 1-19.5-22 Composition. One member of the Council shall be the Chairman of the St. Lucie County Board of County Commissioners, who shall serve as the Chairman of the Council. The remaining eight members shall have the following representative classification: °"415 657 ~OOK (305) 466-1100 {305) 878-4898 2300 VIRGINIA AVENUE 3345O HAVERT L. FENN, District No. 1 · E E. GREEN, Districl No, 2 · MAURICE SNYDER, District No. 3 * R. DALE TREFELNER, Districl No 4 · BILL PALMER, Districl No 5 October 27, 1983 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 83-10 establishing the St. Lucie County Tourist Development Council. This ordinance was enacted by the Board of County Co~issioners of said County on October 25, 1983. Please advise if I may provide you with any further information. /mmc Sincerely, Attachment tax levied pursuant to Section 125~0104~ Florida Statutes. (d) Ail members of the Council shall be electors of St. Lucie County. Section 1-19.5-23 Powers and Duties. (a) The Council shall prepare and submit to the Board of County Commissioners for its approval a plan for tourist development. The plan shall set forth the anticipated net tourist development tax revenue to be derived by St. Lucie County for 24 months following the levy of a Tourist Development Tax enacted pursuant to Section 125.0104, Florida Statutes; the tax district in which the tourist development tax is proposed; and a list, in the order of priority, of the proposed uses of tourist development tax revenue by specific project or special use as authorized under Section 125.0104(5), Florida Statutes. The plan shall include the approximate cost or expense allocation for each specific project or special use. (b) The Council shall from time to time make recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue and perform such other duties as may be prescribed by resolution of the Board of County Commissioners. (c) The Council shall continuously review expenditures of revenues from the tourist development trust fund established pursuant to Section 125.0104, Florida Statutes, and shall receive, at least quarterly, expenditure reports from the Board of County Commissioners or its designee. Expenditures that the Council believes to be unauthorized shall be reported to the Board of County Commissioners and the Florida Department of Revenue. The Board of County Commissioners shall review the holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE. This ordinance shall take effect on November 15, 1983. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART Chairman Maurice Snyder Aye Vice-Chairman R. Dale Trefelner Aye Commissioner Havert L. Fenn Aye Commissioner E. E. Green Aye Commissioner William B. Palmer Aye CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. 659 Clerk a~ a meeting neicl on the c~-~ day o£ ~ · 19~_~. day of ~e~my hand and the seal of said Board this .~ .... , 19.~J~. Roger Poitras, Clerk of the Board of County Comnisaionere of St. Lucie County, Florida. ~'.~ , ~,~,.:~.. , , (305) 466-1100,,:,~ (305) 2300 VIRGIN A AVENUE 33450 HAVERT L FENN. Districl NO. I · E £ GREEN. District NO. 2 · MAURICE SNYDER, Dislricl No, 3 * R DALE TREFELNER. District No 4 · BILL PALMER, Dislrict Nc3. 5 December 2, 1983 Bureau of Laws Department of State The Capitol Tallahassee, FL 32304 Gentlemen: Attached please find a certified copy of Ordinance No. 83-11 establishing the St. Lucie County Code Enforcement Board. This ordinance was enacted by the Board of. County Commissioners of said County on November 22, i983. Please advise if I may provide you with any further information; Sincerely, Marr~_o]orie M. Canonica Commission Secretary /RLmc Attachment December 5, 1983 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State Ms. Marjorie M. Canonica, Secretary Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 33450 Dear Ms. Canonica: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: 1. Receipt of your letter/s of December 2 and certified copy/ies of County Ordinance/s No./s St. Luci~ 83-11 2. Receipt of relative to: (a) County Ordinance/s which we have numbered (b) NK/ 3o which we have numbered We have filed this/these Ordinance/s in this office on December 5, 1983. The original/duplicate copy/ies .showing the filing date is/are being returned for your records. Cordially, (rs.) anc7 Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts ORDINARCE NO. 83-12 AN ORDINANCE ESTABLISHING I~UII~E~ENTS POR A PERMIT TO CONDUCT MINING AND EXCAVATION OPERATIONS IN ST. LUCIE COUNTY~ PLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. Section 125.01, Florida Statutes, empowers the Board of County Commissioners of St. Lucie County, Florida to establish business regulations and conservation programs necessary for the protection of the public. 2. The health, safety and welfare of the residents of St. Lucie County will benefit from the establishment of requirements for a permit to conduct mining and excavation operations. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ADDITION OF CHAPTER 1-12.5 (Mining and Excavations) The Code of Ordinances of St. Lucie County, Florida is amended by adding Chapter 1-12.5, to read as follows: CHAPTER 1-12.5 MINING AND EXCAVATIONS ARTICLE I. IN GENERAL Sections 1-12.5-1 - 1-12.5-20. RESERVED ARTICLE II. PERMITTING OF MINING AND EXCAVATION OPERATIONS Section 1-12.5-21. REQUIREMENT FOR PERMIT All mining or excavation operations shall apply for a permit to be issued by the Board of County Commissioners of St. Lucie County, Florida. There are hereby established two (2) classes of mining permits as follows: (a) CLASS I PERMITL This class of permit shall apply to all mining operations that do not qualify for a Class II permit. A Class I permit shall be valid for a period of forty-eight (48) months. The land owner/mine operator shall be required to reclaim the land to a suitable condition within six (6) months following the expiration of the permit of cessation of mining activity, whichever first occurs. (b) CLASS II PERMIT. This class of permit shall apply to mining operations that meet the following qualifications: (1) The area to be mined involves more than twenty (20) acres. (2) The type of mining activity involves the excavation of lime rock, cemented coquina, shell rock or other solid mineral matter requiring a long-term phased mining plan with a substantial capital investment in plant and equipment. A Class II permit shall be valid for a period of twenty (20) years. The land owner/mine operator must complete reclaiming the land within twelve (12) months following completion or expiration of each phase of the excavation activity or expiration of the permit, whichever first occurs. During the term of this permit, the land owner/mine operator shall update the mining plan at least once every 4 years or as needed to reflect significant changes in the plan according to the proceedure provided for herein. The updated plan, complying with Section 1-12.5-21, shall be filed in duplicate with the County Engineer. The updated plan shall be evaluated and approved or disproved by the County Engineer. SECTION 1-12.5-21. Mining Plan and Permit Application. Any land owner or mine operator seeking a mining permit shall submit an application to the County Engineer which shall include a Mining Plan, Operation Statement and Rehabilitation/Reclamation Plan as follows: A. Mining Plan. Two (2) copies of mining plan, legibly drawn to scale of 1"=10' to 1"=50" on 24"x36" sheets which shall set forth: 1. 2. The north point, scale, and date of plan. The extent of area to be excavated, corner locations and property aerials done by a certified land surveyor. 3. The location, width, and grade of all easements of right-of-ways on or abutting the property. 4. The location of all structures on the property. 5. The location of all areas on the property subject to inundation or flood hazard, and the location, width, and directions of flow of all watercourses and flood control channels that may be affected by the excavation. 6. Bench marks. 7. The exsisting elevations of the total property at intervals of not more than 100' in both north-south and east-west directions and exsisting elevations of abutting property at intervals of not more than 100' from the property lines. If the mining plan is for a quarry, excavation and the size of the site and uniformity of the grade renders the above information unnecessary to review the application the County Engineer may modify the above requirements. 8. Typical cross-sections, showing the extent of overburden, sand and other mineral deposits and the water table. 9. Processings and storage areas. 10. Proposed fencing, gates, parking and signs. 11. Ingress-egress roads, on site roads and proposed surface treatment and means to limit dust. 12. A map showing access routes between the property and the nearest arterial roadway. 13. Areas to be used for ponding. 14. Phase boundaries, if applicable. 15. Proposed side slopes which comply with the following: A. From bottom of excavation to a point lying 4.0 feet below the proposed water table, for mining activities involving solid mineral matter, no maximum or minimum; for all other, side slopes shall be limited to a maximum of 1.5 feet horizontal to 1.0 feet vertical. B. From a point 4.0 feet below the normal water table to normal ground surface or the top of the berm, if required, the side slope shall be limited to a maximum of 4.0 feet horizontal to 1.0 feet vertical except that, where the mining activities involve solid mineral matter, the slope from a point 4.0 feet below the normal water table to the top of the solid mineral matter may be increased to 2.0 feet horizontal to 1.0 feet vertical. 16. Permanent berm which shall be constructed, except if deemed unnecessary by the County Engineer. Such berm shall be 2.0 feet above natural ground, have a three foot stop and 4.0 feet horizontal to 1.0 feet vertical front and backslopes. phase. 5. 17. Permanent swale which shall be constructed around all or part of the excavated area except if deemed unnecessary by the County Engineer. Such swale shall have a depth of 1' minimum to 2' maximum with horizontal grade of +0.20% and -0.20% in 300' lengths. 18. All mining plans shall be prepared by a registered Engineer. B. OPERATIONAL STATEMENT. The operational statement shall include the following: 1. The approximate date of commencement of the mining operation, the proposed duration of the operation and the type of permit applied for. 2. A timetable/schedule for the mining activities from commencement through complettion of restoration. This schedule shall cover the entire operation of a Class I permit. An application for a Class II permit shall contain a general time table for the entire operation and a more specific timetable for mining activities within each active phase of the operation. As each new phase is entered, a more specific time table shall be filed for such phase. 3. Proposed days and hours of operation. The estimated type and volume of the operation, by The method of extracting and processing, including disposition of overburden or top soils. 6. Proposed operating practices to minimize noise, dust, air contaminants, and vibration. 7. Methods to prevent pollution of surface or underground water and alteration of the water table. 8. The location and extent of machinery/equipment to be used in any screening, crushing or processing operations for materials mixed or excavated on the site. C. Reclamation Plan. The reclamation plan shall delineate procedures necessary to assure that, upon completion of the mining activity, the property's surface will be left in a suitable condition and shall include: 1. A statement of planned reclamation which includes the methods to accomplish reclamation as well as the phasing and timing of reclamation. 2. A plan which sets forth the final grade of the excavation, any water features included in the rehabilitation and proposed methods to prevent stagnation and pollution; landscaping or vegetative planning, and areas of cut or fill. For quarry applications, the final grade shall mean the approximate planned final grade. 3. If the excavation of the site is to be accomplished in phases, the area and extent of each phase and the approximate timing of each phase shall be shown. 4. The method of disposing of any equipment or structures used in the operation of the mine. 5. The relation of the final reclaimed property conditions to adjoining land forms and drainage features. 6. The relation of the reclaimed property to planned or established uses of surrounding land. Section 1-12.5-22. Decision upon Application. A. If the County Engineer determines that the Mining Plan, Operation Statement and Reclamation Plan meet all technical requirements for filing, he shall so note on the plans and return one set of copies to the applicant and retain the other set. B. Upon notification the plans meet technical requirement, the applicant may file a request for public hearing before the Board of County Commissioners accompained by an application fee of two hundred ($200) dollars with the County Engineer. C. The Board of County Commissioners shall schedule a public hearing on the application for a mining permit upon request of the County Engineer. Notice of such public hearings shall be published in a newspaper of general circulation in St. Lucie County at least fifteen (15) days prior to the date of the hearing. Notice of such public hearing shall be mailed to all property owners within three hundred (300) feet of the property to be mined, at least fifteen (15) days prior to the date of the hearing. For this notice, the owner of the property shall be determined to be the person who with his address is shown on the tax rolls of St. Lucie County. All such notices shall set forth the date, time, and place of the hearing, an adequate legal description of the property to be mined, the name of the permit applicant, and the type of mining permit requested. D. The Board shall consider the following factors in reviewing a mining application: (a) The impact of the proposed mining activity on area traffic. (b) The planned or established uses of the surrounding lands as well as the exsisting character of the area in which the mine is proposed. (c) Possible health, safety or environmental inpact (including but not limited to possible air, noise, water pollution), of the mine on the surrounding lands. (d) The adequacy of the reclamation plan in insuring the proposed mining site will be properly reclaimed upon completion of the mining activity. (e) The Board of County Commissioners may approve, modify or deny the application after the public hearing. In approving or modifying an application for a mining permit, the Board may impose such conditions as it deems appropriate to the specific mining operation involved. Section 1-12.5-23. Peformance Bond Required. A. If the Board of County Commissioners approves an application for mining permit a performance bond shall be furnished in a amount necessary to assure compliance with the requirements of the mining license and the reclamation plan. The amount of the bond shall be set by the Board upon recommendation of the County Engineer in an amount reasonably related to the cost of reclamation activity. For a Class II Permit, a bond shall be required for only the active phases of the mine. B. The bond shall be with an approved surety and subject to the approval of the County Attorney. C. The bond shall be released upon certification by the County Engineer that all ordinances, conditions and reclamation activities are fulfilled. Section 1-12.5-24. Issuance of Permit. The County Engineer shall issue a mining permit only following Board approval of an application, applicant's furnishing a performance bond in accordance with Section 1-12.5-23 and payment of a fifty ($50) dollar permit fee. No mining may commence until a permit is issued. If applicant fails to post a performance bond and obtain a mining permit as provided herein within 60 days following Board approval, approval shall automatically terminate. The permit shall take effect on the date issued by the County Engineer. Section 1-12.5-25. Permit Regulations. 1. No mining excavation below adjacent road grade shall be permitted wihin 150 feet of the right of way line of any public road or street within a dimension from adjoining property as determined by the Board of County Commissioners. Said dimensions shall be minimum of twenty-five (25) feet from the adjoining property. 2. All disturbed areas shall be promptly seeded and mulched with grass mixtures and rate of application in accordance with Florida Department of Transportation specifications to establish capable cover during the growing season for which it is applied. 3. Revegatation shall be considered complete upon demonstrating a reasonable stand perennial cover established one year after reclamation. The owner/operator is responsible for erosion which occurs during the one year period following reclamation. 4. All property corners shall be marked by a registered land surveyor with poles painted red and set in the ground such that the top of the pole can be clearly seen with the naked eye from the next boundary marker. Section 1-12.5-26. Exempted Activities. No mining permit shall be required under this article of the following activites: 1. Excavations made solely for drainage purposes or other similar improvements and the material from said excavations is not sold. If evidence of corrective measures is not presented to the Board within 21 days of the date the notice is sent, the permit shall be deemed revoked. If evidence of corrective measures is timely presented, the Board shall determine whether that evidence is credible and whether it indicated full compliance with the mining plan and all governing requirements. Failure to present credible evidence of full compliance with all governing requirements shall be grounds for revoking the permit. 2. Excavations incidental to the construction or development of a project for which a building permit has been issured or site plan has been approved. Provided, however, that all such excavations shall comply with the requirements Section 1-12.5- 21(A) 15, 16, and 17.as well as Section 1-12.5-25 of this article. Section 1-12.5-26. The Board shall revoke any license issued under this article for failure of the permit holder to meet any requirements of this article or any rule or regulation adopted by the Board or the State of Florida or upon permit holder's substantial deviation from the current approved mining plan. Notice of the Board's intent to mining permit for failure to comply with any of the above requirements shall be sent to the permit holder by certified mail.