HomeMy WebLinkAbout19857'20154 ORDINANC
AN ORDINANCE ESTABLISHING REQUIREMENTS FOR LICENSURE
OF CONCEALED FIREARMS IN ST. LUCIE COUNTY, FLORIDA;
PROVIDING APPLICATION FILING REQUIRENENTS; PROVIDING
PROCEDURE FOR OBTAINING LICENSE; PROVIDING CRITERIA
FOR ISSUING LICENSE; PROVIDING FOR RESTRICTIONS,
REGUI~TIONS, AND CONDITIONS ON LICENSE; PROVIDING FOR
RENEWAL OF LICENSE; PROVIDING FOR REVOCATION OF
LICENSE; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Section 790.06, Florida Statutes, authorizes this Board
to enact an ordinance establishing a uniform policy and procedure
for the issuance of licenses to carry a concealed firearm on the
person.
2. The health, safety, and welfare of the residents of St.
Lucie County will benefit from a uniform policy and procedure for
the issuance of concealed firearms licenses in this County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. CREATION OF CHAPTER 1-8.3 (FIREARMS AND WEAPONS)
The Code of Ordinances of St. Lucie County, Florida, is
hereby amended by adding a new Chapter 1-8.3, to read as follows:
ARTICLE I. IN GENERAL
Sections 1-8.3-1 - 1-8.3-15. Reserved.
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AR?ICLE II. LICENSURE OF CONCEALED FIREAI~S
Section 1-8.3-16. Requirement for License.
(a) Except when otherwise exempted by Florida law, any
person carrying a concealed firearm within St. Lucie County shall
be licensed by the Board of County Commissioners pursuant to this
article.
(b)
article,
Except as provided in Section 1-8.3-21(b) of this
each concealed firearms license (pistol permit)
authorized by the Board of County Commissioners and issued prior
to the effective date of this article shall be treated as issued
under this article.
SECTION 1-8.3-17. Application for Concealed Firearms License.
Any person seeking a license to carry a concealed firearm in
St. Lucie County shall submit the original of a completed
application to the Sheriff of St. Lucie County. The application
shall include the following:
(a) The full name, residence address (both post office and
street, if different), and telephone number (business and
residence) of the applicant.
(b) The date of birth, place of birth, and social security
number of applicant.
(c) The current occupation, current employer, and current
employer's business address (both post office and street, if
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different) of the applicant; and like occupation and employment
information for the immediate past five years, by date.
(d) The make, caliber, serial number, and type (automatic,
revolver, etc.) of each firearm to be carried if the license is
granted.
(e) Complete residence addresses (including street, city,
and state) for the applicant for the immediate past five years,
by date.
(f) All aliases or other names by which the applicant has
ever been known, an explanation of the reason for using each such
alias or other name, and the dates during which each such alias
or other name was used.
(g) A statement indicating whether the applicant has ever
been convicted of any violation of law other than parking tickets
or traffic violations, including an explanation of each incident,
the outcome, and any court determination.
(h) A statement indicating whether the applicant has ever
been an habitual or chronic alcoholic, or an unlawful user or
addict of any controlled substance as defined in Chapter 893,
Florida Statutes, including a full explanation of the
circumstances.
(i) A statement indicating whether the applicant has ever
been adjudicated mentally incompetent, committed to a mental
institution, or under the care of a licensed physician for a
mental disorder determined to pose a danger to himself or herself
or others, including a full explanation of the circumstances.
(j) Letters of reference from three registered electors of
St. Lucie County, each of whom have known the applicant for at
least one year, indicating the character of the applicant. In
the alternative, if the applicant is not a resident of St. Lucie
County or has not been a resident of St. Lucie County for at
least one year, the application shall include letters of
reference from three registered electors of the County in which
the applicant resides or formerly resided, each of whom have
known the applicant for at least one year.
(k) A completed firearms safety and handling course
evaluation, signed and dated by the instructor, indicating
satisfactory completion of a course meeting or exceeding the
requirements of Section 1-8.3-19(f), except if such course is
waived by the Board pursuant to Section 1-8.3-19(f) of this
article.
(1) A statement establishing the need of the applicant
using and carrying, a concealed firearm in St. Lucie County for
purposes of self-defense or as a result of the applicant's
occupation, employment, or profession.
(m) A legible set of fingerprints made on the official
fingerprint card prescribed by the Florida Department of Law
Enforcement.
(n) A photograph of the applicant taken within 30 days
prior to the date of the application and measuring approximately
one inch square.
(o) A cashier's check or money order in the amount of $12
made payable to the Federal Bureau of Investigation to cover the
cost of fingerprint processing.
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(p) A notarized certificate and authorization signed by the
applicant, as follows:
I hereby certify (1) that all information and answers
contained in this application are true, correct, and
complete, and (2) that I am aware that any fraud or
deceit in connection with the application shall
constitute grounds for revocation of my concealed
firearms license. THIS APPLICATION IS HEREBY EXECUTED
UNDER OATH, I A~ AWARE THAT ANY FALSE ANSWER TO ANY
QUESTION OR THE SUBNISSION OF ANY FALSE DOCUMENT
SUBJECTS ME TO CRIMINAL PROSECUTION UNDER SECTION
837.06, FLORIDA STATUTES.
Section 1-8.3-18. Procedure for Obtaining Concealed Firearms
License.
(a) ~.iP~. All applications for concealed firearms
licenses shall be submitted to the Sheriff of St. Lucie County in
accordance with the provisions of this article. No application
shall be deemed complete and officially filed until all
information required by the provisions of this article has been
submitted.
(b) Background of Applicant. When the application is
complete, the Sheriff shall file the fingerprints with the
Federal Bureau of Investigation, make a full background check on
the applicant through the National Crime Information Center, and
report the findings of the background check to the Board within
30 days of the receipt of the completed application.
(c) Review and Action. Upon receiving the original and one
copy of the application and the report of the Sheriff, the
Secretary to the Board of County Commissioners shall place
consideration of the application for a concealed firearms license
on the agenda of a regular meeting of the Board. The Secretary
shall provide a copy of the application and of the Sheriff's
local law enforcement report to each member of the Board.
(1) Notice. The Secretary shall notify the applicant
in writing of the date and time of the meeting at
which the Board will consider application.
(2) Appearance. The applicant must appear in person
before the Board at the date and time scheduled
for consideration. No application for a concealed
firearms license shall be considered unless the
applicant appears in person before the Board.
(3) Consideration. In reviewing the application for a
concealed firearms license, the Board shall
consider the information contained in the
application, Sheriff's report, and any other
relevant information, and shall determine whether
the request meets the provisions of this article.
(4) Decision. Within a reasonable time of the
conclusion of its review, the Board shall approve,
approve with conditions, or deny the application.
The Secretary to the Board shall transmit
notification of the decision to the applicant and
to the local law enforcement agencies.
(d) Issuance of Concealed Firearms License. Following
approval of an application, the Secretary to the Board of County
Commissioners shall issue a concealed firearms license upon the
applicant furnishing a bond in accordance with Section 1-8.3-
20(a) of this article. The license shall include the applicant's
photograph; shall list the firearms that may be carried; shall
set forth any condition, limitation, or requirement imposed by
the Board of County Commissioners; shall take effect on the date
issued; and shall be valid for a period of two years. However,
the total number of firearms to be listed on each permit shall
not exceed six. Additional permits listing additional firearms
to be carried may be issued upon payment of any additional
administrative fee set forth by resolution of the Board. If an
applicant fails to post a bond and obtain a concealed firearms
license within 30 days of the date of approval by the Board, the
approval shall terminate automatically.
Section 1-8.3-19. Criteria for Issuing Concealed Firearms
License.
An application for a concealed firearms license shall be
granted by the Board of County Commissioners only if the
applicant demonstrates the following:
(a) ~~Q~. The applicant must have resided in St.
Lucie County for at least one year. The Board of County
Commissioners may waive this requirement upon a demonstration
that the applicant conducts substantial business or is employed
for a substantial period of time in St. Lucie County, and upon
compliance with all other requirements of this article.
Age. The applicant must be at least 18 years of
(b)
age.
(c)
Character. The applicant must not have been
convicted of (1) a violation of section 790.07, Florida Statutes,
or any equivalent offense under federal or state law, unless two
years have elapsed since the applicant has been restored to his
or her civil rights, or (2) any other offense involving moral
turpitude or the use or threatened use of violence, unless two
years have elapsed since the applicant has been restored to his
or her civil rights.
(d) Substance Abuse. The applicant must not be an
habitual or chronic alcoholic, nor an unlawful user or addict of
any controlled substance as defined in Chapter 893, Florida
Statutes.
(e) Mental Competency. The applicant must be mentally
competent. If the applicant has ever been adjudicated a mental
incompetent or committed to a mental institution as being
dangerous to himself or herself or others, the applicant must
provide a certificate from a medical doctor licensed in the State
of Florida stating that the applicant no longer suffers from such
disability.
(f) Firearms Safety and Handling. The applicant must
have completed satisfactorily a firearms safety and handling
course, including a range qualification with each type firearm to
be carried, as follows:
(1)
The instructor must possess a current
instructors certificate from the Florida
Police Standards Council; the National Rifle
Association; a branch of the military forces
of the United States; or any federal, state,
county, or municipal police academy
recognized as such by the Florida Police
Standards Council or the Florida Department
of Education.
(2)
The agenda for classroom instruction shall
include at a minimum the following subjects:
(i) Responsibility of permit holder and
legal limitations;
(ii) Safety;
(iii) Ammunition;
(iv) Types of firearms and nomenclature;
(v) Basics of firing the revolver.
(3)
The range qualification requirements shall
include at a minimum the following for each
type of firearm to be carried:
(4)
(i)
The target must be a "B-21 or B-27
Silhouette" or the approximate
equivalent.
(ii)
The course of fire may consist of 60
rounds to be fired as follows:
(a) 40 rounds may be fired as practice.
(b) 12 rounds shall be fired with the
shooter using a 1 handed natural
shooting position on a 3 yard range.
(c) 18 rounds shall be fired with the
shooter using a 2 handed point
shoulder position on a 5 yard range.
(d) 18 rounds shall be fired with the
shooter using a 2 handed point
shoulder position on a 10 yard
range.
(e) 12 rounds shall be fired with the
shooter using a 2 handed point
shoulder position on a 15 yard
range.
(f) The range master may alter the above
course for firearms with a barrel
length of less than 2 inches, since
such firearms are not designed for
multiple target practice.
(iii)
Five points will be awarded for each hit
in the black sihouette area, the highest
possible score is 300 points. A
qualifying score shall be 210 points or
higher.
An applicant who passes the course using a
semi-automatic firearm shall be entitled to
also receive a permit to carry a revolver;
provided however, that an applicant who
passes the course using a revolver shall not
be entitled to receive a permit to carry a
semi-automatic firearm unless the applicant
passes the course using a semi-automatic
firearm.
(g) Waiver of Course Requirement. The Board of County
Commissioners may waive the course required by Section 1-8.3-
19(f) if the Board finds that sufficient evidence has been
provided that:
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(1) Applicant possess a current instructor's
certificate from the Florida Police Standards Council, the
National Rifle Association, a branch of the military forces of
the United States, or any federal, state, county, or muncipal
police academy recognized as such by the Florida Police Standards
Council or the Florida Department of Education or;
(2) Applicant is an active, reserve or former law
enforcement officer who has received training in the safe use,
and handling of the type firearm to be carried.
(h) Need. The applicant must establish the need for
the applicant to carry and use, a concealed firearm in St. Lucie
County for purposes of self-defense or as a result of the
applicant's occupation, employment, or profession.
Section 1-8.3-20. Restrictions, Regulations, and Conditions on
Concealed Firearms License.
The carrying of a concealed firearm under the authority of a
permit issued in accordance with the provisions of this article
shall be subject to the following restrictions, regulations, and
conditions:
(a) Surely Bond. Prior to receiving a concealed
firearms license, the applicant shall post a surety bond payable
to the Governor of the State of Florida in the sum of $100 for a
period of two years to insure the proper and legitmate use of the
firearms to be carried. The surety must be approved by the Board
of County Commissioners.
(b) Firearms to be Carried. A concealed firearms
license shall authorize the carrying only of those firearms
10
approved by the Board of County Commissioners in accordance with
the provisions of this article and listed on the license.
(c) Backqround Report. The continuing validity of a
concealed firearms license is expressly contingent upon receipt
of a Federal Bureau of Investigation background report concerning
the applicant which does not contain facts conflicting with
information provided by applicant pursuant to Section 1-8.3-17 of
this article. If such a conflicting report is received, the
concealed firearms license shall be subject to revocation
pursuant to Section 1-8.3.22 of this article.
Section 1-8.3-21. Renewal of Concealed Firearms License.
(a) Except as provided in subsection (b) of this section,
renewal of a concealed firearms license, for a period of two
years, shall be in accordance with the procedure set forth in
Section 1-8.3-18 of this article, except that the applicant:
(1)
(2)
(3)
(4)
(5)
(6)
In lieu of submitting a new application form, may
incorporate by reference and supplement the
original and prior renewal application forms to
provide current information on residence,
occupation, and other matters;
Need not supply new letters of reference;
Need not complete another firearms safety and
handling course;
Must provide a photograph;
Must sign a new certificate and authorization in
the form prescribed in Section 1-8.3-17(p) of this
article; and
Need not reappear in person before the Board of
County Commissioners.
Ail other requirements and limitations shall be the same as those
for an original concealed firearms license.
(b) Concealed firearms licenses (pistol permits) authorized
by the Board of County Commissioners and issued prior to the
effective date of this article shall not be eligible for renewal
pursuant to subsection (a) of this section.
Section 1-8.3-22. Revocation of Concealed Firearms License.
(a) Grounds. The Board of County Commissioners shall
revoke any concealed firearms license issued under this article
upon determining that the licensee:
(1) Does not meet any criterion or requirement of this
article, and in particular Section 1-8.3-19, or of
any other law, statute, rule, or regulation
governing the carrying or handling of firearms.
(2) Has misstated, misrepresented, or withheld
material facts in the concealed firearms license
application.
(b) Initiation of Procedure. Upon recommendation of the
Sheriff of St. Lucie County or other law enforcement official, or
upon its own motion, the Board of County Commissioners shall
initiate proceedings to revoke a concealed firearms license by
scheduling consideration of the matter.
(c) Notice. The licensee shall be provided, by certified
mail, notice indicating the date, time, and location of
consideration of the proposed revocation.
(d) Consideration. When considering the proposed
revocation, the Board of County Commissioners shall consider the
testimony, submittals, and information presented, and the report
of any law enforcement agency, and shall determine whether there
12
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exists any ground for revoking the concealed firearms license.
The Board shall require such additional reports as it deems
necessary to make its determination.
(e) D c_~. Within a reasonable time, the Board of
County Commissioners shall determine whether to revoke the
concealed firearms license. Notification of the decision of the
Board shall be mailed to the licensee and transmitted to local
law enforcement agencies.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable only to
unincorporated areas of St. Lucie County and adopted prior to
January 1, 1969, county ordinances, and county resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
13
PART D. FILIING WI~ ~I~E DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to the Bureau of Administrative Code and
Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect on October 1, 1985.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner E. E. Green
Commissioner Jim Minix
Commissioner Jack Krieger
Aye
Absent
Nay
Aye
Aye
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 B through G shall not be codified.
PASSED AND DULY ENACTED this 6th day of August, 1985.
~OA~D OF COUNTY CO~ISSION~RS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
/~PROVED AS TO FOP4~ AND
RRECTNESS:
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE NE~ 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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a. notice of intent
in the matter of licensure of concealed firearms
was published in said newspaper in the issues of ..........
7/19/85
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaoer 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, he first publication of the attached copy of advertisement; and affiant
furthe,r Says~.that he has neither paid nor promised any person, firm or corpora-
tion a~Y ~ou~t. rebate, commission or refund for the purpose of securing
thi~Wd,~e]~[lSemen~?for publication in the said newspaper
S.,V~:~n it~ h ~nd Sulk, CrUd before me '
Z ~o · .~ ~...~. c. ,:~ay o~ ........
· . · . ,~.~ · · &~'.~., · ...............
BONDED IH,q'J GE;!ERAL !NS. UND.
No. 02300
BEFORE THE BOARD OF
COUNTY COMMIS-
SIONERS
ST. LUCIE COUNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY
GIVEN THAT THE
BOARD OF COUNTY
COMMISSIONERS OF ST.
LUCIE COUNTY,
FLORIDA, will consider
adopting a County Or-
dinance regarding re-
quirements for licensure of
concealed firearms In St.
Lucle County, at its regular
meeting on Tuesday, fha
13th day of August, 1985, at
9:.00 a.m,, or as soon
thereafter as the matter
may be heard, at the St.
Lucie County Administra-
tion Building, 2300 Virginia
Avenue, Room 101, Fort
Pierce, Florida. Matters af-
fecting your personal and
roperfy rights may be
eard and acted upon. All
interested persons are in-
vited 'fo attend and be
heard.
Copies of the proposed or-
dinance may be obtained
from the County Attorrmy's
Office, St. Lucie County Ad-
ministration Building, 2300
Virginia Avenue, Room 106,
Fort Pierce, Florida, '33482.
Amendments fo the pro-
posal may be made by the
Board of County Commis-
sioners af the public hear-
ing.
If any person decides fo
appeal any decision made
with respect fo any matter
considered at the meetings
or hearings .of any board,
com mitfee, commission,
agency, council or advisory
group, that person will need
a record of the proceedings
and that, for such purpose,
may need fo insure that a
verbatim record of the pro-
ceedings is made, which
· record should include the
testimony and evidence
upon which the appeal is to
be based.
The title of the proposed
ordinance is as follows:
AN ORDINANCE
'ESTABLISHING RE-
QUIREMENTS FOR
LICENSURE OF CON-
CEALED FIREARMS IN
ST. LUCIE COUNTY,
FLORIDA; PROVIDING
APPLICATION FILING
REQUIREMENTS; PRO-
VIDING PROCEDURE
FOR OBTAINING
LICENSE; PROVIDING
CRITERIA FOR ISSUING
LICENSE; PROVIDING
FOR RESTRICTIONS,
REGULATIONS, AND
C O N D I T I,O N O'N
LICENSE; PROVIDING
'FOR RENEWAL OF
LICENSE; PROVIDING
FOR REVOCATION OF
LICENSE; PROVIDING
FOR REPEAL OF CON-
FLICTING PROVISIONS;
PROVIDING FOR
· SEVERABILITY AND AP-
PLICABILITY; PRO-
VIDING FOR FILING
WITH THE DEPART-
MENT OF STATE; PRO-
VIDING AN EFFECTIVE
DATE; AND PROVIDING
EOR CODIFICATION
THIS NOTICE EX-
ECUTED AND DATED
THIS 16TH DAY OF JULY,
1985.
Submitted by:
Sarah W. Woods
Assistant County At:
torney
PUBLISH: July 19, 1985.
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FLORIDA DEPARTMENT OFSTATE
George I~restone
Secretary o[ State
August 21, 1985
Marjorie M. Canonica
Commission Secretary
St. Lucie County Board
of County Commissioners
2300 Virginia Ave.
Ft. Pierce, FL 33482-5652
Dear Ms. Canonica:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this %~ill acknowledge:
1. Receipt of your letter/s of Auqust 16, 1985
and certified copy/ies of st. nucie County
Ordinance Nos. 85-01 and 85-08.
Receipt of
relative to:
(a)
County Ordinance/s
(b)
which we have numbered
which we have numbered
lie have filed this/these Ordinance(s) in this office
on August 21, 1985.
The original/duplicate copy/les showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/
FLORIDA~Stateof the Arts
696; 1.8
ORDINANCE NO. 85-02
AN ORDINANCEA#ENDING SECTION 3.3.114(2)(j)
OF THE ST. LUCIE COUNTY ZONING ORDINANCE
W~EREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Article VIII, Section l(f), Florida Constitution, and
Section 125.01(1) (h), Florida Statutes, authorizes and empowers
this Board to establish, coordinate, and enforce zoning
regulations as are necessary for the protection of the public.
2. Section 5.3.000 of the St. Lucie County Zoning Ordinance
provides a means for changing the text of that ordinance.
3. Gem Electric Company, Inc. has proposed an amendment to
Section 3.3.114(2) (j) of the St. Lucie County Zoning Ordinance.
4. After notice properly published in the Fort Pierce News
Tribune in compliance with Section 5.1.100 of the St. Lucie
County Planning and Zoning Commission held a public hearing on
January 24, 1985, and has recommended that this Board amend
Section 3.3.114(2) (j) of that ordinance.
5. After notice properly published in the Fort Pierce News
Tribune in compliance with Section 5.1.100 of the St. Lucie
County Zoning Ordinance, this Board held a public hearing on
February 26, 1985, to consider the proposed amendment to Section
3.3.114(2) (j) of that ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
~00~
PART A. A~BND~.ENT OF ST. LUCIE COUNTY ZONING ORDINANCE.
Section 3.3.114(2) (j) of St. Lucie
Ordinance, is hereby amended to read as follows:
County Zoning
(j)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
Manufacturing:
Apparel and other finished products.
Bakery Products.
Beverages.
Brooms and brushes.
Confectionery Products.
Costume jewelry, constume novelties, and
notions.
Dairy Products.
Electrical lighting and wiring equipment
Fabricated metal products.
Jewelry, silverware, and platedware.
Lamp shades.
Mobile Homes and accessories.
Morticians' goods.
Pens, pencils and other office and artists'
materials.
Photographic equipment and supplies.
Plastic products - fabrication, molding,
cutting, extrusion, and injection
processing.
Plywood and prefabricated structural wood
products.
Professional and precision instruments.
Signs and advertising displays.
Toys, amusements, sporting and athletic
goods.
Umbrellas, parasols, and canes.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable only
to unincorporated areas of St. Lucie County and adopted prior to
January 1, 1969, county ordinances, and county resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
458 ,e13§7
PART C. SEVEP~%BILITXANDAPPLICABILIT~.
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. FILING WIT~ THE DEPARTNENT 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 upon receipt of
official acknowledgement from the Department of State that it has
been filed.
PART F. ADOPTION.
After motion and second the vote on this ordinance was
as follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner E. E. Green
Commissioner Jim Minix
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
PART G. CODIFICATION.
The provisions of this ordinance shall be incorporated
in the Code of Ordinances of St. Lucie County, Florida, and the
word "ordinance" mya be changed to "section," "article," or other
appripriate word, and the sections of that ordinance may be
renumbered or relettered to accomplish such intention.
PASSED· AND DULY ADOPTED this 26th day of February, 1985.
-- " '; ' "~; tc~
BOARD OF COUNTY CO~qISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
696 18
4!58
BO01(
March 11, 1985
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 33482-5652
Dear Ms. Canonica:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of March 7, 1985
and certified copy/les of st. Lucie County
Ordinance No. 85-02'
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
which we have numbered
We have filed this/these Ordinance(s) in this office
on March 11, 1985.
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
LC/
Cordially,
(Mrs.) Cloud, Chief
Bureau of Administrative Code
and Laws
FLORIDA-State of the Arts
ORDINANCE NO. 85-03
AN ORDINANCE ANENDING CHAPTER 1-14.5 OF THE
COD~ OF ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, CORCI~tlTXNG REIHBURSENENT TO NEP. BERS
OF THE BOARD OF COUNTY CONIqISSIONERS FOR
TRAVEL IN ST. LUCIE COUNTY, FLORIDA;
PROVIDING FOR NONTHLY REIIqBURSENENT FOR SUCH
TRAVEL BASED UPON A TYPICAL NONTH'S NILEAGE
REPORT; REOUXRXNG THAT A NILHAGE REPORT BE
FILED ANNUALLY; PROVIDING FOR PAYNENT OF
NILHAGE AT A FIXED RATE BASED UPON NONTHLY
SUBIqlSSION OF A LOG OF ACTUAL NILES TRAVELED.
!
WHEREBY, the Board of County Commissioners of St. Lucie
County, Florida, has made the followin9 determinations:
1. ftembers of this Board should be reimbursed for the use
of their personal au[omobiles in the performance of official
duties in St. Lucie County.
2. This Board should provide, pursuant to Article VIII,
Sec[ion 1 (f), Florida Constitution, and Section 125.01 (1),
Florida Sta[u[es, a simple and economical method of reimbursin9
ils members for such expenses.
3. Sec[ion 112.061(?) (f), Florida Statutes provides a
me[hod of 9rantin9 monthly allowances in fixed amounts for use of
privately owned automobiles on official business in lieu of the
mileage rate provided in Section 112.061(7)(d), Florida Statutes.
NOW, THEREFOREw BE IT ORDAINED by [he Board of County
Commissioners of St. Lucie County, Florida:
4 70 1730
BOOK
PART A. AMENDMENT OF CHAPTER 1-14.5 (OFFICERS AND
EMPLOYEES)
ARTICLE I OF CHAPTER 1-14.5 of the Code of Ordinances of St.
Lucie County, Florida, is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 1-14.5-1 ALLOWANCE TO BOARD MEMBERS FOR TRAVEL IN
ST. LUCIE COUNTY.
Each member of the Board of County Commissioners shall be
allowed monthly reimbursement for the use of his or her personal
automobile in the performance of official duties within St. Lucie
County. Such reimbursement shall be based upon the prior
submission of a typical month's mileage report as required
herein. Annually on October 1, each board member shall submit a
signed statement of a typical month's mileage report to the
finance department showing the destinations and miles traveled on
official business and the amount that would have been allowed
under an approved rate per mile for the travel shown on the
statement if payment were made at a fixed rate of twenty (20)
cents per mile. This provision shall not preclude payment of a
mileage allowance at a fixed rate of twenty (20) cents per mile
upon monthly submission of a log of actual miles traveled in each
calendar month in lieu of the above travel allowance.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida Legislature applicable only to
unincorporated areas of St. Lucie County and adopted prior to
January 1, 1969, county ordinances, and county resolutions, or
parts thereof, in conflict with this ordinance are hereby
superseded by this ordinance to the extent of such conflict.
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 af~eHt 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 upon receipt of official
acknowledgement from the Department of State.
PART F. ADOPTION.
After motion and second, the vote of this ordinance was as
follows:
Chairman R. Dale Trefelner Aye
Vice-Chairman Havert L. Fenn Aye
Commissioner Jim Minix Aye
Commissioner E. E. Green Aye
Commissioner Jack Krieger Aye
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 B through G shall not be codified.
PASSED AND DULY EHA~TI~D this 9th day of July, 1985.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
CLERK
Chai rman
APPROVED AS TO FORM AND
715450
~ ,JUL 17 Rll :01__~.,
ST. LUC~:
470 173.3
BOARD OF COUNTY
COMMISSION(ERS
July 16, 1985
Mrs. Liz Cloud, Chief,
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following:
(a)
Ordinance No. 85-03, amending Chap. 1-14.5 of
the Code of Ordinances of St. Lucie County, Fla.,
concerning reimbursement to members of the Board
of County Commissioners for Travel in St. Lucie
County, Fla.
(b)
Ordinance No. 85-07, imposing - a four cent (46)
local option gas tax upon motor fuel and special
fuel sold in St. Lucie County, Fla.
These Ordinances were enacted by the Board of County
Commissioners of said County on July 9, 1985.
Please advise if I may provide you with any further
information.
Very truly yours,
~ Marjorie M. Canonica (Miss)
'Commission Secretary
/m_mc
Attachments
HAVFRT L. FENN, District No. 1 * E. E. GREEN. District No. 2 · JACK KRIEGER. District No. 3 * R. DALE TREFELNER. District No 4 · Jh¥ ~,'", ~ _Z ~.'mc: ~.a ~
County Administrator - WELDON B. LEWIS
2300 Virginia Avenue ,, Fort Pierce, FL 33482-5652 * Phone (305) 466-1100 Ext. 201 & 202
FLORIDA DEPARTMENT OF STATE
George i~restone
Secretary of State
July 19, 1985
Honorable Roger Poitras
Clerk of Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 33482-5652
Attention: (Miss) Marjorie M. Canonica, Commission Secretary
Dear Mr. Poitras:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of July 16, 1985
and certified copy/ies of St. Lucie County
Ordinance Nos. 85-3 and 85-7
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
(b)
which we have numbered
e
We have filed ~s/these Ordinance(s) in this office
on July 19, 1985.
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
(Mrs.) L~z Cloud, Chief
Bureau of Administrative Code
LC/mb
FLORIDA-State of the Arts
?12366
ORDINANCE NO. 85-04
AN ORDINANCE ESTABLISHING CHAPTER 1-7.6,
ENVI RONHENTAL CONTROL, OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY, FLORIDA;
THEREBY PROVIDING FOR A TITLE AND AUTHORITY,
REGULATIONS ADOPTED BY REFERENCE,
DEFINITIONS, HEARING PROCEDURES, JUDICIAL
REVIEW AND A FEE SCHEDULE; PROVIDING FURTHER
FOR A DECLARATION OF INTENT, FOR PENALTIES
FOR PERSONS WHO CONSPIRE OR AID AND ABET A
VIOLATION OF THIS ORDINANCE, AND FOR
PENALTIES WHEN A PERSON VIOLATES THE
ORDINANCE; PROVIDING FOR SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING FOR FILING
WITH THE DEPARTMENT OF ENVI RO1OIENTAL
REGULATION; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Chapter 83-511, Laws of Florida, authorizes the Board of
County Commissioners of St. Lucie County sitting as the St. Lucie
Environmental Control Board to adopt ordinances necessary for the
implementation and effective enforcement, administration and
interpretation of the provisions of Chapter 83-511.
2. Adoption of this ordinance is necessary for the
protection of the environment and the preservation of the public
health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
468
PART A.
Section 1-7.6-1. Title and authority.
This article and rule shall be known as the "St. Lucie
County Environmental Control Ordinance." This ordinance and rule
is adopted pursuant to Chapter 125, Florida Statutes, and the St.
Lucie County Environmental Control Act, Chapter 83-511, Special
Acts, Laws of Florida. All provisions of the Environmental
Control Act shall apply in the administration of this article and
the provisions of said act are adopted by reference. This
article shall be in effect in both incorporated and
unincorporated St. Lucie County, Florida.
Section 1-7.6-2. Regulations adopted by reference.
Chapters 381 (Public Health), 386 (Nuisances Injurious to
Health), 387 (Pollution of Water), 403 (Environmental Control),
501 (Hazardous Substances), and 509 (Hotels and Restaurants),
Florida Statutes 1983, as amended, are hereby adopted and
incorporated by reference as part of this article to the same
extent and to the same effect as if the provisions of each
statute or law had been set out in full. All rules of the
Florida Department of Environmental Regulation, the Florida
Department of Natural Resources and the Florida Department of
Health and Rehabilitative Services adopted pursuant to such state
laws, as the rules are from time to time amended, and all rules
of the St. Lucie County Environmental Control Board adopted
pursuant to Chapter 83-511, Special Acts, Laws of Florida are
hereby adopted and incorporated by reference as part of this
article to the same extent and to the same effect as if the
provision of each such rule had been set out in full.
Section 1-7.6-3. Definitions.
(a) The definitions set out in the St. Lucie County
Environmental Control Act, Chapter 83-511, Special Acts, Laws of
Florida, are adopted by reference.
(b) Clerk shall mean the clerk of the St. Lucie County
Environmental Control Hearing Board.
Section 1-7.6-4. Hearing procedures.
(a) Time for notice of hearing. Within ten (10) days after
filing with the clerk of a notice of noncompliance, notice of
environmental damage done or public health threat created or
notice of activity conducted without permit, the hearing board
shall notice a hearing scheduled to be held within forty-five
(45) days of the filing date. Service of notice on all parties
shall be completed ten (10) days before the hearing. Hearings
may be continued from day-to-day until completed.
(b) Service of notice. Service of initial notice of
hearing shall be made in the same way as the Florida Rules of
Civil Procedure provide for service of process of initial
pleadings. Subsequent notices of hearing may be mailed.
(c) Content of notice. Notice of hearing will specify
date, time, and exact place of hearing. Attached to the notice
shall be a copy of the notice of noncompliance, notice of
environmental damage done or public health threat created or
notice of activity conducted without permit. ~lK'~4~ P~I7~
(d) Interrogatories and requests for admissions. Either
party may serve written interrogatories and requests for
admissions upon the other party. The petitioner may serve
interrogatories or requests for admission on respondent at any
time after service of the initial notice of hearing. The
respondent may serve interrogatories or requests for admission on
petitioner any time after receiving a notice to correct
violation. Answers and objections to interrogatories or requests
for admissions shall be served within twenty (20) days after
service of the interrogatories or requests for admissions. The
chairman of the hearing board may grant a shorter or longer time.
Admission shall have the effect set out in Florida Rules of Civil
Procedure, 1.370(b). A matter is admitted unless the party to
whom a request for admissions is directed serves upon the party
requesting the admission a timely answer or objection. In the
event a party fails to make discovery, the opposing party may
motion the hearing board for an order compelling discovery.
(e) Depositions. The testimony of any witness may be taken
by deposition in the manner and for the purposes provided by the
Florida Rules of Civil Procedure.
(f) Preliminary matters; continuances. Upon approval of a
majority of the hearing board, a continuance may be granted in
any hearing for good cause shown.
(g) Conduct of hearings before hearing board.
(1) All hearings of the hearing board shall be open to
the public.
BOOK
(2) Oral evidence shall be taken only on oath or
affirmation.
(3) The hearing board shall give probative effect to
evidence which would be admissible in civil proceedings in the
courts of this state, but in receiving evidence, due regard shall
be given to the technical and highly complicated subject matter
the control officer must handle and the exclusionary rules of
evidence shall not be used to prevent the receipt of evidence
having substantial probative effect. Otherwise, effect shall be
given to the rules of evidence recognized in the State of
Florida.
(h) Rules of order. Hearings shall begin with the
presentation of petitioner's case by the environmental control
officer with the right of respondent to cross-examine witnesses
followed by presentation of respondent's case, with the
environmental control officer's right to cross-examine witnesses.
Opening and closing arguments shall be allowed unless waived.
(i) Record of hearing. All proceedings of the hearing
board shall be recorded by a certified court reporter or
recording instrument. Proceedings will not be transcribed unless
a request for transcription is made to the clerk by a party to
the proceedings or a member of the hearing board. In the event a
copy of a transcript is desired by a party to the proceedings
other than the control officer, county attorney, or a member of
the hearing board, the cost of transcription shall be paid by
said party. The hearing board shall not permit withdrawal of
evidence entered into the record so long as any issue concerned
in the hearing is still pending a final decision either before
the hearing board or the courts of Florida, unless the parties
stipulate otherwise. After a final decision has been rendered,
exhibits may be withdrawn at the request of the party which
submitted them, or his counsel, after due notice to all parties,
and upon order of the hearing board.
(j) Judicial notice. In reaching a decision, judicial
notice may be taken, either before or after submission of the
case for decisions of any fact which may be judicially noticed by
the courts of Florida.
(k) Decision. The decision of the hearing board shall be
in writing and shall contain a brief statement of facts found to
be true, the determination of the issues presented and the order
of the hearing board. A copy of the decision shall be mailed or
delivered to the control officer, petitioner, respondent, and to
every person who filed an answer or who appeared as a party at
the hearing.
Section 1-7.6-5. Judicial review.
Any person aggrieved by an action or decision of the hearing
board may seek appropriate judicial review in accordance with the
Florida Rules of Appellate Procedure.
Section 1-7.6-6. Fee schedule.
A schedule of fees to be paid annually to cover costs of
inspections and administration of this article and the
Environmental Control Act is to be established by resolution of
the St. Lucie County Environmental Control Board. The owner of
468
Bt}OK
the property on which any of the businesses or activities listed
in the resolution are conducted shall make timely payment of the
fees when billed.
Section 1-7.6-7. Declaration of intent; relation of article
provisions to other laws.
The provisions and penalties of this article are not
intended to and shall not be construed as changing, modifying,
amending, repealing, superseding or conflicting with any
provisions or sections of the Florida Statutes or laws defining
or penalizing misdemeanors, or setting out procedures or remedies
in aid of environmental control, but shall be construed as
supplemental and additional thereto and not as a substitute
therefor; nor shall this article be construed as impairing the
jurisdiction of any court within St. Lucie County, Florida. This
article shall be deemed to be an alternative or additional method
for St. Lucie County, its officers and agents, to effect the
purposes of each of the general and special state acts of the
Florida Legislature and each of the environmental control rules
adopted by reference in Section 1-7.6-2 of this article.
Section 1-7.6-8. Parties of violations.
Every person who commits, attempts to commit, conspires to
commit, or aids and abets in the commission of any act declared
herein to be in violation of this article, whether individually
or in connection with one or more persons, or as a principal,
agent or accessory, shall be guilty of such offense and every
733
person who falsely, fraudently, forcibly or willfully entices,
causes, coerces, requires, permits or directs another to violate
any provision of this article is likewise guilty of such offense.
Section 1-7.6-9. Violations and penalties.
(a) Any person, firm, partnership or corporation violating
any of the provisions of this article shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished as
provided by law.
(b) Each day that a violation of this article is continued
or permitted to exist without compliance shall constitute a
separate offense punishable upon conviction in the manner
prescribed in this section.
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 remaing portions of this ordinance.
If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property, or circumstance, such
holding shall not affect its applicability to any other person,
property, or circumstance.
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.
468 4
PART D. FILING WITH THE DEPARTMENT OF ENVIRONMENTAL
REGULATION.
The County Attorney shall send a certified copy of this
ordinance to the Department of Environmental Regulation, Twin
Towers Office Building, 2600 Blair Stone Road, Tallahassee,
Florida, 32301.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon receipt of official
acknowledgement from the Department of State that it has been
filed.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner Jim Minix
Commissioner E. E. Green
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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 A through G shall not be codified.
"" 468 1735
BO0~
PASSED AND DULY ENACTED this 18th day of June, 1985.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman
ATTEST:
APPROVED AS TO FORM AND
County Attor~//
~J~
~o~ 468 ~,~ 1736
BOARD OF COUNTY
COMMISSION(ERS
June 24, 1985
Mrs. Liz Cloud, Chief,
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copy of Ordinance No.
85-04, an Ordinance establishing Chap. 1-7.6,
Environmental Control, of the Code or Ordinances
of St. Lucie County, Florida. This Ordinance was
enacted by the Board of County Commissioners of
said County on June 18, 1985.
Please advise if I may provide you with any further
information.
Very truly yours,
Mar~rie M. Canonica
Commission Secretary
/mmc
Attachment
HAVERT L. FENN, District No. I · E. E GREEN. District No. 2 · JACK KRIEGER. O~str,¢t No. 3 · R. DALE TREFELNER District No 4 · jb'/ M!%,~ ~, ~-:t ',t ~:
County Administrator - WELDON B LEWIS
2300 Virginia Avenue * Fort Pierce. FL 33482-5652 ,, Phone (305) 466-1100 Ext. 201 & 202
June 27, 1985
FLORIDA DEPARTMENT OF STATE
George Firestone
Secreta~ of State
Ms. Marjorie M. Canonica
Secretary to the Board of
County Commissioners
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 33482
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/ies of
Ordinance No. 85-4 '
June 24, 1985
St. Lucie County
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
(b)
which we have numbered
We have filed this/t~e Ordinance(s) in this office
on June 27, 1985.
The original/duplicate copy/les showing the filing date
is/are being returned for .your records.
Cordially,
Cloud, Chief
Bureau of Administrative Code
LC/mb
FLORIDA-State of the Arlm
BOARD OF COUNTY
COMMISSION£RS
October 1, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following
ordinances:
No. 85-06 - An ordinance creating a Purchasing
Department.
No. 85-09 - An ordinance amending Chapt 1-7
"Courts" of the St. Lucie County Code.
These ordinances were enacted by the Board of County
Commissioners of St. Lucie County 6n September 24, 1985.
Please advise if I may provide you with any further
information.
Very truly yours,
Mar~/orie M. Canonica
Co~mission Secretary
/mmc
Attachments
HAVERT L. FENN. District No. I ,, E. E GREEN. Distfict No. 2 * JACK KRIEGER. District No. 3 · R. DALE TREFELNER. District No. 4 ,~ JIM MINIX. District No 5
County Administrator - WELDON B LEWIS
2300 Virginia Avenue * Fort Pierce, FL 33482-5652 * Phone (305) 466-1100 Ext. 201 & 202
October 3, 1985
FLORIDA DEPARTMENT OF STATE
George Firestone
Secreta~ of State
Ms. ~arjorie M. Canonica
Commission Secretary
St. Lucie County Board of County
Commissioners, Courthouse
2300 Virginia Avenue
Fort Pierce, Florida 33482
Dear Ms. Canonica:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
!. Receipt of your letter/s of __~ctobe~__l~_l~lL5
and certified copy/ies of
County Ordinance (s~_ 85-6
LC/mb
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
Cb)
which wc haYe numbered
We have filed kilLs/these Ordinance/s i.n this office
on October 3, 1985 !.985.
' ~ copy,.'ies showing the filing date
The orig.inal/dup.l~ cate
is/are 'being returned for your' records.
(Mrs.) I, iz Cloud, Chief
Bureau of Administrative Code
FLORIDA-State of the Arts
ORDIIO. NCE NO. 85-09
AN ORDINANCE ANENDING CHAPTER 1-7 'COURTS' OF
TItE ST. LUCIE COUNTY CODE; THEREBY DELETING
SECTION 1-7-1 AND RENUMBERING SECTION 1-7-2
TO 1-7-1; PROVIDING FURTHER TO ADD SECTION 1-
7-2 REGARDING CIVIL DIVISION SERVICE CHARGES
IN CIRCUIT COURT; ADDING SECTION 1-7-3
REGARDING PROBATE AND GUARDIANSHIP DIVISION
SERVICE CHARGES; ADDING SECTION 1-7-4
REGARDING CIVIL DIVISION CHARGES AND COSTS
FOR COUNTY COURT; ADDING SECTION 1-7-5
REGARDING SERVICE CHARGES OTHER THAN THOSE
FIXED BY THIS ORDINANCE; ADDING SECTION 1-7-6
REGARDING DISPOSITION OF LAW LIBRARY FUNDS;
ADDING SECTION 1-7-7 REGARDING DISPOSITION OF
COURT FACILITY FUNDS; PROVIDING FOR
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION AND CODIFICATION.
W~EREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Sections 28.24, 28.241 and 34.041, Florida Statutes
(1983) authorizes the Board to fix service charges in excess of
those charges fixed in Florida Statutes and to expend such excess
in providing and maintaining facilities, including a law library
or to provide or maintain a legal aid program.
2. This Board needs to increase existing service charges to
help provide and maintain facilities of the Courts in St. Lucie
County.
3. The increase in service charges will benefit the health,
safety and welfare of the citizens of St. Lucie County by
providing additional funding to increase the quality of court
facilities;
NOW, THEREFORE· BE IT ORDAINED BY THE BOARD OF COUNTY
CO~LllISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS:
PART A.
Section 1-7-2~. Additional Costs for Law Enforcement Training.
Every court in St. Lucie County, Florida, created by Article
V of the State Constitution shall assess two dollars ($2.00) in
-2-
addition to the two dollars ($2.00) assessed by Section
943.25(4), Florida Statutes, as a court cost against every person
convicted for violation of a state penal or criminal statute or
convicted for violation of a municipal or county ordinance.
However, no such assessment shall be made against any person
convicted for violation of any state statute, municipal
ordinance, or county ordinance relating to the parking of
vehicles. All such costs collected by the aforesaid courts shall
be deposited in the general fund of the county to be used for law
enforcement training expenditures by said county.
PART B. The following sections are added to Chapter 1-7
"COURTS".
Section 1-7-2. Circuit Court - Civil Division Service Charges.
The party instituting any civil action, suit or proceeding
in the circuit court shall pay to the Clerk of the Court service
charges as follows:
ae
For filing all Civil Actions (Over $5,000):
*Clerk's Service Charge
Legal Aid
Law Library
State Civil Action Fees
Court Facility Charge
State Court Education Trust Fund
$30.00
-- 0 --
10.00
2.50
20.00
$ 1.00
TOTAL $63.50
*This Service Charge is for up to and including five (5)
defendants. If there are more than five (5) defendants,
there is an additional charge of $2.00 for each additional
defendant.
--3--
Be
For Filing Petition for Dissolution of Marriage or
Annulment:
Clerk's Service Charge
Legal Aid
Law Library
State Civil Action Fee
Court Facility Charge
State Court Education Trust Fund
$30.00
-- 0 --
10.00
2.50
20.00
$ 1.00
TOTAL
$63.50
C. For Filing Notice of Appeal:
Service Charge to District
Court of Appeal
0
Service Charge to Clerk of the
Circuit Court
e
Certified Copy of Notice of Appeal
for District Court
$100.00
25.00
2.00
Section 1-7-3.
Circuit Court - Probate and Guardianship Division
Service Charges.
The Service Charges of the Clerk of the Circuit Court for
Filing Probate and Guardianship cases are as follows:
ae
For the opening of any estate of one document or more,
including but not limited to petitions and orders to
approve settlement of minor's claims; to open a safe
deposit box; to enter rooms and places; for the
determination of heirs if not formal administration and
for a foreign guardian to manage property of a non-
resident, but not to include issuance of letters or
Order of Summary and Family Administration
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$25.00
-- 0
10.00
5.00
TOTAL
$40.00
-4-
Be
Caveat
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
TOTAL
$10.00
-- 0 --
10.00
5.00
$25.00
Ce
Petition and Order
authenticated copies,
to record
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
TOTAL
to admit foreign wills,
exemplified copies or transcripts
$25.00
-- 0 --
10.00
5.00
$40.00
De
For disposition
administration
of
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
TOTAL
personal
property
$10.00
-- 0 --
2.00
3.00
$15.00
without
E. Summary Administration
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
TOTAL
$25.00
-- 0 --
10.00
5.00
$40.00
F. Family Administration
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
TOTAL
$35.00
-- 0 --
10.00
5.00
$50.00
Ge
Formal Administration Guardianship, Ancilliary,
Curatorship or Conservatorship proceedings with an
inventory below $60,000
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$60.00
-- 0 --
10.00
5.00
TOTAL $75.00
He
Formal Administration Guardianship, Ancilliary,
Curatorship or Conservatorship proceedings with an
inventory of $60,000 but less than $100,000
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$75.00
-- 0 --
10.00
5.00
TOTAL $90.00
Formal Administration Guardianship, Ancilliary,
Curatorship or Conservatorship proceedings with an
inventory of $100,000 or more
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$100.00
-- 0 --
10.00
10.00
TOTAL
$120.00
J. Guardianship Proceedings of person only
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$10.00
-- 0
10.00
5.00
TOTAL $25.00
Veteran Administration Guardianship pursuant to Chapters
293 and 294
Clerk's Service Charge
$25.00
Exemplified Certificates
Clerk's Service Charge
Cover Sheet
TOTAL
$ 4.00
1.00
$ 5.00
M. Petition for Determination of Competency
Clerk's Service Charge
Legal Aid
Law Library
Court Facility Charge
$15.00
-- 0 --
10.00
5.00
TOTAL $30.00
Section 1-7-4. County Court - Civil Division Charges and Costs
Upon the institution of any civil action or proceeding in
county court, the plaintiff, when filing his action or proceeding
shall pay the following service charges:
A. Claims of less than $100.00:
Filing Fee
Legal Aid
Court Facility
Law Library
Court Education Trust
$10.00
-- 0
2.00
2.00
1,0
TOTAL $15.00
Claims of $100 or more but less than $1,000:
Filing Fee
Legal Aid
Court Facility
Law Library
Court Education Trust
$20.00
-- 0 --
7.00
2.00
1.00
TOTAL
$30.00
C. Claims of $1,000 or more but less than $5,000:
Filing Fee
Legal Aid
Court Facility
Law Library
Court Education Trust
$25.00
-- 0 --
12.00
2.00
1,00
TOTAL
$40.00
D. Removal of Tenant (Eviction):
Filing Fee
Legal Aid
Court Facility
Law Library
Court Education Trust
$30.00
-- 0
4.00
5.00
1,00
TOTAL $40.00
Se
Additional charge for proceeding of garnishment,
attachment, replevin and distress
$25.00
Fe
Notice of Appeal (two separate payments)*
Filing Notice in Inferior Court -
County Court
$25.00
Filing Notice to Higher Court -
Circuit Court
$50.00
*These charges do not include service charge for
Certified Copy of Notice of Appeal to the Circuit
Court.
Section 1-7-5. Service Charges Other Than Those Fixed By This
Ordinance.
Service charges other than those fixed in this Ordinance
shall be governed in Section 28.24, Florida Statutes, as amended.
Section 1-7-6. Disposition of Law Library Funds.
Ail additional costs collected for the Law Library shall be
set aside by the Clerk to be used exclusively for the
establishment and maintenance of the county law library. At the
end of each month, such clerk will turn over such funds so
collected to the board of trustees of the county law library as
provided in Chapter 57-1790, Laws of Florida as amended by
Chapter 71-895, Laws of Florida.
Section 1-7-7. Disposition of Court Facility Funds.
All additional costs collected for Court Facilities shall be
set aside by the Clerk in a separate account to be used
exclusively for the construction, operation and maintenance of
court facilities as determined by the Board of County
Commissioners.
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
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 Administrative Code and
Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART E. EFFECTIVE DATE.
This ordinance shall take effect on October 15, 1985.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner E. E. Green
Commissioner Jim Minix
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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 24th day of September, 1985.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FOR~ AND
CO~CTNESS:
COUNTY ATTORN~
""478 ~,,~ 680
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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a .... .z.e?..z..n.o.~..~.c.e. .............
in the matter of ........... .~.o.~..~.~.~..o.~...~.~..~.~. n..c.o.~y.~..~ ..........
was published in said newspaper in the issues of ..........
9/6/85
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper 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-
cedin~he first publication of the attached copy of advertisement; and affiant
further ~a ~hat, he has neither paid nor promised any person, firm or corpora-
~tion any ~diseQ~t, rebate, commission or refund for the purpose of securing
/ ~li[s' advertiseff~flt 'for publication in the said newspaper·
Swor~'~o and subs~c~bed before me
...........
· ,,.2~.,,Z~<~.... c:~z~.~ ..............
(SEAL) ~ Notary Public
'85 OCT-2 P2:09
ST. LUC)E ' ':
7;~6779
? 67'
ORDINANCE NO. 85-06
AN ORDINANCE CREATING A PURCHASING
DEPARTMENT; DESIGNATING ITS POWERS, DUTIES
AND FUNCTIONS; ADOPTING A PURCHASING MANUAL;
PROVIDING DEFINITIONS; ESTABLISHING
COMPETITIVE BIDDING REQUIREMENTS; REPEALING
SECTION 2-1-5 OF PART II, CONPILRD LAWS,
CHAPTER 2-1 ADNINISTRATION, ARTICLE
PROVIDING FOR SEVEP~qBILITYANDAPPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTNENT OF
STATE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Section 125.01(3) (a), Florida Statutes, grants this
Board the powers necessary to expend funds and purchase and sell
real and personal property.
2. Creation of a Purchasing Department will be in the
economic interest of the citizens of St. Lucie County, Florida.
3. Fair and open competition is a basic tenet of public
procurement and such competition reduces the appearance and
opportunity for favoritism and insures public confidence that
purchases are made equitably and economically.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. ADDITION OF ARTICLE IV (PURCHASING) TO CHAPTER 1-2
(ADMINISTRATION)
Chapter 1-2 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended by adding Article IV, to read as
follows:
ARTICLE IV. PURCHASING
Section 1-2-28.
Creation of purchasing department; headed by
purchasing agent.
There shall be a county department known as the purchasing
department which shall be headed by the purchasing agent.
Section 1-2-29. Purchasing department powers, duties
functions.
and
The purchasing department shall have the following powers,
duties and functions pertaining to the purchasing or procurement
of all supplies, materials and services:
(1)
To canvass all sources of supply and contract for the
purchasing or acquisition of all supplies or services
required by all county departments, divisions, and
agencies, under competitive bidding or by contractural
negotiation;
(2)
To plan and coordinate purchases in volume and to
coordinate purchasing agreements and contracts from
which all county departments as described in the first
paragraph shall receive supplies, materials and
services;
(3)
(4)
(5)
(6)
(7)
To implement the procedures for securing bids or
negotiating and awarding contracts;
To determine items and quantities to be purchased
locally;
To regulate the purchase by any department of any
commodity; to establish standards and specifications
for any commodity; and to set fair prices that may be
paid for any commodity;
To furnish copies of any purchasing regulation to all
county departments;
To require that every department and office furnish
information relative to a proposed purchase;
(8)
(9)
To arrange for a disposal of surplus materials and
equipment for public sale;
To act as agent for the clerk, sheriff, tax collector,
property appraiser or supervisor of elections from
time to time upon request of such officer or officers.
Section 1-2-30. Purchasing Manual.
The Board of County Commissioners may adopt by resolution
and amend from time to time a manual of purchasing regulations
and procedures. Upon its adoption, such manual shall be binding
upon said Board and all agencies, boards, departments, and
employees responsible to it.
Section 1-2-31. "County purchases" defined.
As used in this chapter the term "County purchases" shall
include any and all items and nonemployee services which are
bought, purchased or procured by or on behalf of the county, its
Board of County Commissioners, and any other county board,
department, officer or employee, as well as any elected county
constitutional officers upon the request of such officer that the
purchasing department act on their behalf, except for the school
superintendent, and school board and its departments, officers
and employees.
Section 1-2-32.-1-2-40. Reserved.
PART B. ADDITION OF ARTICLE V (COMPETITIVE PURCHASING BIDDING)
TO CHAPTER 1-2 (ADMINISTRATION)
Chapter 1-2 of the Code of Ordinances of St. Lucie County,
Florida, is hereby amended by adding Article V, to read as
follows:
ARTICLE V. COMPETITIVE PURCHASE BIDDING
Section 1-2-41. Competitive bidding; when required for county
purchases; exceptions.
County purchases, as defined elsewhere in this chapter,
amounting to an expenditure of five thousand dollars ($5,000.00)
or more shall be advertised and submitted to competitive bidding
with the exception of the following:
When it is determined by the Board of County
Commissioners that an emergency exists which would
result in a direct loss to the county or imminent
damage to public safety or health by requiring
competitive bids due to the time loss inherent in the
bidding procedures;
(2)
Contracts for professional services shall be
determined by a majority of the Board of County
Commissioners at a regular or special meeting in
accordance with any applicable state law;
(3)
Special purchase items available from a single source
only, or used items which would result in a
substantial savings over purchase of new items as
determined by the elected county officer concerned or
by a majority of the Board of County Commissioners at
a regular or special meeting;
(4)
County warehouse invoices utilities, advertising
petroleum products, major repairs and maintenance for
heavy machinery and equipment, and like services.
(5)
Intergovernmental purchases among County Departments
or from other governmental agencies.
(6)
Items which may be obtained under State Contract
pursuant to Chapter 287, Florida Statutes.
Section 1-2-42.-1-2-45. Reserved.
PART C.
REPEAL OF SECTION 2-1-5, OF PART II (COMPILED LAWS) OF
CHAPTER 2-1 (ADMINISTRATION) ARTICLE II.
Section 2-1-5, of Part II (Compiled Laws) of Chapter 2-1
(Administration) Article II, of the Code of Ordinances of St.
Lucie County, Florida, is hereby repealed in its entirety.
PART D. 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 ~o any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART E. 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 F. EFFECTIVE DATE.
This ordinance shall take effect upon receipt of official
acknowledgement from the Department of State that it has been
filed.
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
PART
Chairman R. Dale Trefelner Aye
Vice-Chairman Havert L. Fenn Aye
Commissioner Jim Minix Aye
Commissioner E. E. Green Aye
Commissioner Jack Krieger 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 D through H shall not be codified.
667
PASSED AND DULY ENACTED this 24th day of September, 1985.
Clerk
BOARD OF COUN~"ff COMMISSIONERS
ST. LUCIE COUNtry, FLORIDA
Chai rman
APPROVED AS ~O FORM AND
CORRECTNESS:
/~/5S/~ County Attorney
ORDINANCE 85-07
AN ORDINANCE IMPOSING A FOUR CENT (4¢) LOCAL
OPTION G~S TAX UPON MOTOR FUEL AND SPECIAL
FUEL SOLD IN ST. LUCIE COUNTY, FLORIDA;
THEREBY ANENDIN~ CHAPTER 1-17 OF THE CODE OF
I~WS AND ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, TO PROVIDE FOR A LEVY OF TAX
DISTRIBUTION OF PROCEEDS, AND DURATION OF
PROVIDING FOR SEV~RABILITY AND
APPLICABILITY, FILING WITH THE DEPART#ENT OF
STATE AND DEPARTIqENT OF REVENUE; PROVIDING
FOR AN EFFECTIVE DATE, ADOPTION
CODIFICATION o
W~EP. EAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. Section 336.025, Florida Statutes (1984 Supplement), as
amended by House Bill 1392 passed by the 1985 Florida
Legislature, authorizes this Board to levy a local option gas tax
upon every gallon of motor fuel and special fuel sold in St.
Lucie County and taxed under the provisions of Chapter 206,
Florida Statutes.
2. The health, safety, and welfare of the residents of St.
Lucie · County will benefit from the passage of an ordinance
authorizing the levy of a local option gas tax to fund, in part,
necessary transportation expenditures within St. Lucie County.
NOW, TBEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. ADDITION OF ARTICLE III (LOCAL OPTION GAS TAX)
TO CHAPTER 1-17 (ROADS A~]D BRIDGES)
Chapter 1-17 of the Code of Ordinances of St. Lucie County,
Florida, is amended by adding Article III, to read as follows:
470 , 1734
ARTICLE III. ~ OPTION ~ TH
SECTION 1-17-22. LEVY OF TAX.
Pursuant to Section 336.025, Florida Statutes (1984
Supplement) as amended by House Bill 1392 passed by the 1985
Florida Legislature, a four cent (4¢) local option gas tax is
imposed upon every gallon of motor fuel and special fuel sold in
St. Lucie County and taxed under the provisions of Chapter 206,
Florida Statutes.
SECTION 1-17-23. DISTRIBUTION OF TAX.
Pursuant to interlocal agreements which were entered into
prior to July 1, 1985, between St. Lucie County and the City of
Fort Pierce and the City of Port St. Lucie, the initial division
of proceeds from the tax for the period beginning September 1,
1985, through August 31, 1986, inclusive, shall be in accordance
with the statutory formula set out in Section 336.025(4), Florida
Statutes (1984 Supplement) as follows:
City of Fort Pierce
City of Port St. Lucie
St. Lucie County
Share of Proceeds
41.253%
12.058%
46.689%
Ail subsequent divisions of tax proceeds shall be
redetermined by the County on or before July 1 of each succeeding
year during the duration of the tax as set out in Section 1-17-24
beginning July 1, 1986. The annual redetermination by the County
of the division of the tax proceeds shall be based on the
transportation expenditures of the County and all eligible
470
bOOK
municipalities based on the transportation expenditures of each
for the five (5) fiscal years preceding the year in which the
annual redetermination is made, as a proportion of the total of
such expenditures for the County and all municipalities within
the County. The County shall notify the Department of Revenue of
the results of the County's redetermination of the tax proceeds
by July 15 of the year the redetermination is made. The annual
redetermination shall be effective beginning September 1 of the
year the redetermination is made. Any dispute as to the
determination by the County of the distribution of the tax
proceeds shall be in accordance with Section 336.025(5) (b),
Florida Statutes (1984 Supplement).
SECTION 1-17-24. DURATION OF TAX.
The local option gas tax imposed by this article shall be
effective from September 1, 1985, through August 31, 1990, both
dates inclusive. Upon expiration, the tax may be reimposed
provided that a redetermination of the method of distribution is
made as provided in Florida Statutes.
PART B. SEVERABILITYAIiDAPPLICABILITY.
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.
4 70
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. FILING WITH THE DEPARTMENT OF REVENUE.
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to the Florida Department of Revenue, 102
Carlton Building, Tallahassee, Florida, 32301.
PART E. EFFECTIVE DATE.
This ordinance shall take effect as provided in Section 1-
17-24.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner Jim Minix
Commissioner E. E. Green
Commissioner Jack Kreiger
PART G. CODIFICATION.
Aye
Aye
Aye
Aye
Aye
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 G shall not be codified.
PASSED AND DULY ADOPTBD this 9th day of July, 1985.
ATTEST:
BOARD OF COUNTY CO~qlSSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
ICTNESS .-
'85 JL[17
FILE~
ROGEi '
ST. LUi~ :: ':
1'738
BOARD OF COUNTY
COMMISSION(ERS
July 16, 1985
Florida Department of Revenue
102 Carlton Building
Tallahassee, FL 32301
Gentlemen:
Attached please find a signed copy of Ordinance
No. 85-07, imposing a four cent (4~) local option
gas tax upon motor fuel and special fuel sold in
St. Lucie County, Fla. This ordinance was enacted
by the Board of County Commissioners of said County
on July 9, 1985.
Please advise if I may provide you with any further
information.
Very truly yours,
Marjorie M. Canonica (Miss)
Commission Secretary
/mmc
Attachment
HAVERT L. FENN, District No. 1 · E. E. GREEN, District No. 2 · JACK KRIEGER, Dis~:ri¢~' No. 3 · R DALE TREFELNER, District N~o 4 · Jl,~,~ MI~, X D s:':; ',a _~
County Administrator - WELDON B. LEWIS
2300 Virginia Avenue · Fort Pierce, FL 33482-5652 · Phone (305) 466-1100 Ext. 201 & 202
July 19, 1985
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of S~ate
Honorable Roger Poitras
Clerk of Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 33482-5652
Attention: (Miss) Marjorie M. Canonica, Commission Secretary
Dear Mr. Poitras:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of July 16, 1985
and certified copy/ies of St. Lucie County
Ordinance Nos. 85-3 and 85-7
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
(b)
which we have numbered
We have filed ~s/these Ordinance(s) in this office
on July 19, 1985.
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
(Mrs.) Uiz Cloud, Chief
Bureau of Administrative Code
LC/mb
FLORIDA-State of the Arts
BOARD OF COUNTY
COMMISSION(ERS
October 1, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following
ordinances:
No. 85-06 - An ordinance creating a Purchasing
Department.
No. 85-09 - An ordinance amending Chapt. 1-7
"Courts" of the St. Lucie County Code.
These ordinances were enacted by the Bgard of County
Commissioners of St. Lucie County 6n September 24, 1985.
Please advise if I may provide you with any further
information.
Very truly yours,
Mar~/orie M. Canonica
Co~mission Secretary
/mmc
Attachments
HAVERT L. FENN. District No, I '" E. E. GREEN, District No. 2 * JACK KRIEGER. District No. 3 ', R, DALE TREFELNER, District No. 4 * JIM MINIX, District NO 5
County Aclministrotor - WELDON B. LEWIS
2300 Virginia Avenue · Fort Pierce. FL 33482-5652 · Phone (305) 466-1100 Ext. 201 & 202
October 3, 1985
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
Ms. Marjorie M. Canonica
Commission Secretary
St. Lucie County Board of County
Commissioners, Courthouse
2300 Virginia Avenue
Fort Pierce, Florida 33482
Dear Ms. Canonica:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
!. Receipt of your letter/s of ..... October__l~_lgJt5
and certified copy/ies of ~%.,_Lllc~ .......
County Ordinance (s) 85-6 an~_8_5_~9
Receipt of
relative to:
(a) ~
which we hdve number%~
!
(b)
County Ordinance/s
which wc have numbered
We have filed t~i=s/these Ordinance/s in this office
on October 3, 1985 !.985.
LC/mb
The original/duplicate copy/ies showi:~g the filing date
is/are being returned for your records.
Cor~ al] y, ~
(Mrs.) !,iz Cloud, Chief
Bureau cf ,\dmini str~tive (:ode
FLORIDA-State of the Arts
? 0:1.55
ORDINANCE NO. 85-08
AN ORDINANCE AHENDING ARTICLE III OF CHAPTER
1-9 OF THE CODE OF ORDINANCES OF ST. LUCIE
COUNTY, FLORIDA; PROVIDING FOR THE
PRONULGATION AND ENFORCENENT OF RULES AND
REGULATIONS CONCERNING THE OPERATION AND
NAINTENANCE OF A PEI~IT HOLDER'S GARBAGE AND
TRASH COLLECTION SERVICE; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR CODIFICATION
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 will
benefit from the establishment of rules concerning the operation
of garbage and trash collection services.
PART A.
ADDITION OF SECTION 1-9-25 (RULES AND REGULATIONS) OF
ARTICLE III (GARBAGE AND TRASH COLLECTION) OF C~APTER 1-
9 (GARBAGE, TRASH, AND REFUSE).
Article III of Chapter 1-9 is hereby amended by adding
Section 1-9-25, to read as follows:
SECTION 1-9-25 RULES AND REGULATIONS
The Board of County Commissioners is hereby authorized to
establish by resolution such rules and regulations concerning the
operation and maintenance of any garbage and trash collection
service permitted pursuant to this Article as they may deem
necessary to protect the public health and safety of the citizens
of St. Lucie County, Florida. Any failure by a permit holder to
meet and comply with such rules and regulations shall be grounds
for permit revocation as provided in Section 1-9-24.
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. 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 upon filing with the
Department of State.
PART E. ADOPTION.
After motion and second, the vote on this resolution was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner Jim Minix
Commissioner E. E. Green
Commissioner Jack Kreiger
Aye
Absent
Aye
Aye
Aye
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 ADOP~ED this 6th day of August, 1985.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNT~, FLORIDA
ATTE ST:
APPROVED AS TO FOR~ AND
CORRECTNESS:
?; 0 55
473 2220
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary ~ S~e
August 21, 1985
Marjorie M. Canonica
Commission Secretary
St. Lucie County Board
of County Commissioners
2300 Virginia Ave.
Ft. Pierce, FL 33482-5652
Dear Ms. Canonica:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of auqust 16, 1985
and certified copy/les of st. n'ucie County
Ordinance Nos. 85-'01 and 85-08.
Receipt of
relative to:
(a)
County Ordinance/s
which we have numbered
(b)
which we have numbered
lye have filed this/these Ordinance(s) in this office
on August 21, 198S.
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/
_FLORIDA-Stateof the Arts
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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a..~.~.~.a>...~.o.~.~.?? .................
in the matter of ..... ?.~.~.?..?.~. >.~..~.Rn~ ..........................
was published in said newspaper in the issues of ..........
.............................................. s./.~, pl.s.~. ..................
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, ~ :said St. Lucie County, Florida, for a period of one year next pre-
ceding th~fl¥~tp~ublication of the attached copy of advertisement; and affiant
fur.the~r'sa?~t~i:he has neither paid nor promised any person, firm or corpora-
tiO~,~fi~W' c~lscdml~-~. '.e~_ ate, commission or refund for the purpose of securing
~a V~er~i.s,~.e~a, ~/~t'~Publication in the said newspaper.
~c~clk~t~ ~irikl ~Ubs~rib~l~ before me
~.~..~.~ ,~... .................
· .......
(SEAL)
'85 00T-2
FILED
ROGER
ST. LUCIE
Al
OP. DIII~I~CE NO. 85-10
AN ORDINANCE RELATING TO THE REGULATION OF THE USE AND
DEVELOPNENT OF LAND IN ST. LUCIE CO~, FLORIDA;
IMPOSING AN INPACT FEE ON LAND DEVELOPNENT IN ST. LUCIE
COUNTY FOR PROVIDING NEW ROADS AND RELATF~ FACILITIES
NECESSITATED BY SUCH NEW DEVELOPNENT; STATING THE
AUTHORITY FOR ADOPTION OF THE ORDINANCE; PROVIDING
DEFINITIONS; PROVIDING FINDINGS AND DECLARATIONS OF THE
BOARD OF COUNTY COHNISSIONERE; PROVIDING FOR THE
INPLENENTATION OF THE TRANSPORTATION ELENENT OF THE ST.
LUCIE COUNTY GROWTH NANAGENENT POLICY PLAN; PROVIDING
FOR THE PAYNENT OF A ROADS INPACT FEE AS THE
pREREQUISITE FOR ISSUANCE OF A BUILDING PERMIT, A
~OBILE HONE PERMIT OR AN ELECTRICAL PERMIT FOR A
RECREATIONAL VEHICLE PARK; PROVIDING FOR REVIEW AND
ADJUSTNENT OF THE INPACT FEE; PROVIDING FOR THE
ESTABLISHNENT OF ROAD BENEFIT ZONES; PROVIDING A NETHOD
OF PAYNENT OF THE FEE; PROVIDING FOR THE PLACENENT OF
REVENUE COLLECTED PRON ROADS INPACT FEES INTO SPECIAL
REVENUE FUNDS ESTABLISHED' FOR THAT PURPOSE~" ~INITING
THE EXPENDITURE OF FUNDS FRON THE SPECIAL REVENUE FUNDS
TO CERTAIN CAPITAL COSTS; PROVIDING FOR EXENPTIONS AND
CREDITS; PROVIDING FOR REFUND OF UNEXPENDED FUNDS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR FILING, PENALTY AND CODIFICATION.
WHEREAS, the St. Lucie County Growth Management Policy Plan
has determined that land development shall not be permitted
unless adequate capital facilities exist or are assured; and
WHEREAS, the St. Lucie County Growth Management Policy Plan
has determined the policy that land development shall bear a
proportionate cost of the provision of the new or expanded
capital facilities required by such development; and
WHEREAS, the St. Lucie County Growth Management Policy Plan
determines that the imposition of impact fees and dedication
requirements are the preferred methods of regulating land
development in order to ensure that it bears a proportionate
share of the cost of capital facilities necessary to accommodate
-1-
that development and to promote and protect the public health,
safety and welfare; and
WHEREAS, the Board of County Commissioners of St. Lucie
County has determined that St. Lucie County must expand its road
system in order to maintain current road standards if new
development is to be accommodated without decreasing current
standards.
NOW, THEREFORE, BE IT OI%DAINED BY THE BOARD OF COUNTY
CO~lqISSIONERS OF ST. LUCIE COUNTY:
PART A. ADDITION OF ARTICLE I¥ (ROAD I~PACT FEE)
TO CHAPTER 1-17
Section 1.17-25. Short Title, Authority and Applicability.
A. This ordinance shall be known and may be cited as the
"Roads Impact Fee Ordinance."
B. The Board of County Commissioners of St. Lucie County
has the authority to adopt this ordinance pursuant to Article
VIII of the Constitution of the State of Florida and Chapter 125
and Section 163.3201 of the Florida Statutes.
C. This ordinance shall apply to the unincorporated area of
St. Lucie County and to the incorporated areas of St. Lucie
County to the extent permitted by Article VIII, §l(f) of the
Constitution of the State of Florida.
Section 1-17-26. Intents and Purposes.
A. This ordinance is intended to implement and be
consistent with the St. Lucie County Growth Management Policy
Plan and to insure the economic feasibility of the transportation
element.
' ~!~
-2-
B. The purpose of this ordinance is to regulate the use and
development of land so as to assure that new development bears a
proportionate share of the cost of capital expenditures necessary
to provide roads in St. Lucie County as contemplated by the St.
Lucie County Growth Management Policy Plan.
Section 1-17-27. Rules of Construction.
A. The provisions of this ordinance shall be liberally
construed so as to effectively carry out its purpose in the
interest of the public health, safety and welfare.
B. For the purposes of administration and enforcement of
this ordinance, unless otherwise stated in this ordinance, the
following rules of construction shall apply to the text of this
ordinance:
(1) In case of any difference of meaning or implication
between the text of this ordinance and any caption,
illustration, summary table, or illustrative table,
the text shall control.
(2) The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(3) Words used in the present tense shall include the
future; and words used in the singular number shall
include the plural, and the plural the singular,
unless the context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for",
"designed for", "maintained for", or "occupied
for".
(5) The word "person" includes an individual, a
corporation, a partnership, an incorporated
association, or any other similar entity.
(6) Unless the context clearly indicates the contrary,
where a regulation involves two (2) or more items,
conditions, provisions, or events connected by the
conjunction "and", "or" or "either. . . or", the
conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
(b) "Or" indicates that the connected items,
conditions, provisions or events may apply
singly or in any combination.
(c) "Either . . . or" indicates that the connected
items, conditions, provisions or events shall
apply singly but not in combination.
(7) The word "includes" shall not limit a term to the
specific example but is intended to extend its
meaning to all other instances or circumstances of
like kind or character.
(8) A road right-of-way used to define road benefit
zone boundaries may be considered within any zone
it bounds.
(9) "County Administrator" means the county
administrator and/or his or her designee.
-4-
(10)
Unless the context clearly indicates to the
contrary, all land use terminology in this
ordinance shall have the same meaning as it has in
the zoning ordinances of St. Lucie County.
Section 1-17-28. Imposition of Roads Impact Fee.
A. Any person who, after the effective date of this
ordinance, seeks to develop land by making improvements to land
which will generate additional traffic and which requires the
issuance of a building permit or an electrical permit for
recreational vehicle parks or mobile home parks shall be required
to pay a roads impact fee in the manner and amount set forth in
this ordinance. Nothing in this ordinance shall be deemed to
eliminate the requirements of Section 5.1.300(6) (a-g) of the St.
Lucie County Zoning Ordinance.
B. No building permit or electrical permit for a
recreational vehicle park or mobile home park for any activity
requiring payment of an impact fee pursuant to Section 1-17-29
of this ordinance shall be issued unless and until the roads
impact fee hereby required has been paid.
Section 1-17-29. Computation of the Amount of Roads Impact Fee.
A. At the option of the feepayer, the amount of the fee may
be determined by the following fee schedule. The fees shown on
the schedule
encourage use
administrative
studies.
reflect a fifteen percent (15%) discount to
of the schedule in order to reduce the
time needed to process independent traffic
BOOK
-5-
IMPACT FEES BY LAND USE TYPE
MAINLAND DISTRICT
(Benefit Zones 1, 2, 3, 6, 7 and 8)
LAND USE TYPE (UNIT)
NEW LANE TOTAL TOTAL NET
MILES CREDIT COST COST
RESIDENTIAL:
Single Family (Unit) .003128
Mobile Home (Unit) .001564
Multi-family/Condo
3 stories and over .00119
(Unit)
Multi-family/Condo
(under 3 stories) .002278
(Unit)
Hotel/Motel (Room) .0029627
Other Residential (Unit) .002278
398.99 828.92 429.93
199.49 414.46 214.97
151.79 315.35 163.56
290.57 603.67 313.10
377.90 785.11 407.21
290.57 603.67 313.10
FEE
AT 85 %
365
183
139
266
346
266
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 PT2)
.008554 1091.09 2266.81 1175.72
.03008 3836.80 7971.20 4134.40
.0019113 243.80 506.50 262.71
999
3514
223
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0014933 190.47 395.72 205.25
.0020594 262.68 545.74 283.06
.0016616 211.94 440.32 228.38
174
241
194
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0004443 56.68 117.75 61.07
.0004443 56.68 117.75 61.07
.0004443 56.68 117.75 61.07
.0004443 56.68 117.75 61.07
.0004443 56.68 117.75 61.07
52
52
52
52
52
-6-
LAND USE TYPE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 FT2)
Schools & Day Care
(Student)
Fraternal Org.
(1000 FT2)
IMPACT FEES BY LAND USE TYPE
MAINLAND DISTRICT (CONTINUED)
NEW LANE TQTAL TOTAL NET
MILES CREDIT COST ~QST
.0035833 457.07 949.58 492.52
.0001462 18.65 38.74 20.09
.0000443 5.67 11.77 6.11
IMPA~T
FEE
AT 85 %
419
17
5
RETAIL:
Under 50,000
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
FT2
.0084495 1077.76 2239.12 1161.36
.0117533 1499.17 3114.63 1615.46
.0095603 1219.45 2533.49 1314.04
.0072527 925.10 1921.96 996.86
.0060057 766.04 1591.50 825.46
.0071237 908.65 1887.77 979.13
.005332 680.11 1412.98 732.87
.0053177 678.28 1409.18 730.90
987
1373
1117
847
702
832
623
621
-7-
LAND USE TYPE (UNIT)
RESIDENTIAL:
Single Family (Unit)
Mobile Home (Unit)
Multi-family/Condo
3 stories and over
(Unit)
Multi-family/Condo
(under 3 stories)
(Unit)
Hotel/Motel (Room)
Other Residential(Unit)
SOUTH MAINLAND DISTRICT
(Benefit Zones 4 and 5)
NEW LANE TOTAL TOTAL NET
MILES CREDIT COST COST
.003128 398.99 1080.18 681.19
.001564 199.49 540.09 340.60
.00119 151.79 410.94 259.15
.002278 290.57 786.65 496.08
.0029627 377.90 1023.08 645.19
.002278 290.57 786.65 496.08
IMPACT
FEE
AT 85
579
290
220
422
548
422
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 FT2)
.008554 1091.09 2953.91 1862.82
.03008 3836.80 10387.38 6550.58
.0019113 243.80 660.03 416.23
1583
5568
354
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0014933 190.47 515.67 325.19
.0020594 262.68 711.16 448.48
.0016616 211.94 573.79 361.85
276
381
308
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0004443 56.68 153.44 96.76
.0004443 56.68 153.44 96.76
.0004443 56.68 153.44 96.76
.0004443 56.68 153.44 96.76
.0004443 56.68 153.44 96.76
82
82
82
82
82
-8-
BOOK
SOUTH MAINLAND DISTRICT
(CONTINUED)
LAND USE TYPE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 FT2)
Schools & Day Care
(Student)
Fraternal Org.
(1000 FT2)
NEW LANE TOTAL TQTAL NET
MILES CREDIT COST COST
.0035833 457.07 1237.41 780.35
.0001462 18.65 50.49 31.84
.00004443 5.67 15.34 9.68
IMPACT
FEE
AT 85 %
663
27
8
RETAIL:
Under 50,000
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
FT2
.0084495 1077.76 2917.82 1840.06
.0117533 1499.17 4058.72 2559.55
.0095603 1219.45 3301.42 2081.97
.0072527 925.10 2504.53 1579.43
.0060057 766.04 2073.91 1307.87
.0071237 908.65 2459.98 1551.33
.005332 680.11 1841.27 1161.16
.0053177 678.28 1836.32 1158.04
1564
2176
1770
1343
1112
1319
987
984
-9-
LAND USE TYPE (UNIT)
RESIDENTIAL:
Single Family (Unit)
Mobile Home (Unit)
Multi-family/Condo
3 stories and over
(Unit)
Multi-family/Condo
(under 3 stories)
(Unit)
Hotel/Motel (Room)
Other Residential(Unit)
NORTH ISLAND DISTRICT
(Benefit Zone 9)
IMPACT
~ ~ TOTAL NET FEE
MILES CREDIT COST COST AT 85
.0036 459.19 2880.00 2420.81
.002208 281.64 1766.40 1484.76
.00168 214.29 1344.00 1129.71
.003216 410.21 2572.80 2162.59
.0041747 532.49 3339.73 2807.24
.003216 410.21 2572.80 2162.59
2058
1262
960
1838
2386
1838
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 FT2)
.002912 371.43 2329.60 1958.17
.01024 1306.14 8192.00 6885.86
.0006507 82.99 520.53 437.54
1664
5853
372
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0004685 59.76 374.78 315.03
.0006461 82.41 516.86 434.45
.0005213 66.49 417.02 350.53
268
369
298
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0001653 21.09 132.27 111.18
.0001653 21.09 132.27 111.18
.0001653 21.09 132.27 111.18
.0001653 21.09 132.27 111.18
.0001653 21.09 132.27 111.18
95
95
95
95
95
-10-
NORTH ISLAND DISTRICT
(CONTINUED)
LAND USE TYPE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 PT2)
Schools & Day Care
(Student)
Fraternal Org.
(1000 FT2)
E~ TOTAL TOTAL NET
MILES CREDIT COST COST
.0013333 170.07 1066.67 896.60
.0000544 6.94 43.52 36.58
.00001653 2.11 13.23 11.12
IMPACT
FEE
AT 85 %
762
31
9
RETAIL:
Under 50,000
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
FT2
.0084495 1077.76 6759.60 5681.84
.0117533 1499.17 9402.67 7903.49
.0095603 1219.45 7648.27 6428.82
.0072527 925.10 5802.13 4877.03
.0060057 766.04 4804.53 4038.49
.0071237 908.65 5698.93 4790.29
.005332 680.11 4265.60 3585.49
.0053177 678.28 4254.13 3575.85
4830
6718
5464
4145
3433
4072
3048
3039
BIIOK
-11-
LAND USE TYpE (UNIT)
RESIDENTIAL:
Single Family (Unit)
Mobile Home (Unit)
Multi-family/Condo
3 stories and over
(Unit)
Multi-family/Condo
(under 3 stories)
(Unit)
Hotel/Motel (Room)
Other Residential(Unit)
FORT PIERCE ISLAND DISTRICT
(Benefit Zone 10)
IMPACT
~ TOTAL TOTAL NET FEE
MILES CREDIT COST COST AT 85 %
.00385 491.08 1386.00 894.92
.0023613 301.20 850.08 548.88
.0017967 229.17 646.80 417.63
.0034393 438.70 1238.16 799.46
.004444 566.85 1599.84 1032.99
.0034393 438.70 1238.16 799.46
761
467
355
680
878
680
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 FT2)
.00182 232.15 655.20 423.05
.0064 816.34 2304.00 1487.66
.0004067 51.87 146.40 94.53
360
1265
80
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0002928 37.35 105.41 68.06
.0004038 51.51 145.37 93.86
.0003258 41.56 117.29 75.73
58
80
64
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0001033 13.18 37.20 24.02
.0001033 13.18 37.20 24.02
.0001033 13.18 37.20 24.02
.0001033 13.18 37.20 24.02
.0001033 13.18 37.20 24.02
20
20
20
20
20
-12-
FORT PIERCE ISLAND DISTRICT
(CONTINUED)
LAND USE TYPE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 FT2)
Schools & Day Care
(Student)
Fraternal Org.
(1000 FT2)
hL~ TOTAL TOTAL NET
MILES CREDIT COST COST
.0008333 106.29 300.00 193.71
.000034 4.34 12.24 7.90
.00001033 1.32 3.72 2.40
IMPACT
FEE
AT 85 %
165
7
2
RETAIL:
Under 50,000
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
FT2
.001965 250.64 707.40 456.76
.0027333 348.65 984.00 635.35
.0022233 283.59 800.40 516.81
.0016867 215.14 607.20 392.06
.0013967 178.15 502.80 324.65
.0016567 211.31 596.40 385.09
.00124 158.17 446.40 288.23
.0012367 157.74 445.20 287.46
388
540
439
333
276
327
245
244
-13-
LAND USE TYPE (UNIT)
RESIDENTIAL:
Single Family (Unit)
Mobile Home (Unit)
Multi-family/Condo
3 stories and over
(Unit)
Multi-family/Condo
(under 3 stories)
(Unit)
Hotel/Motel (Room)
Other Residential(Unit)
SOUTH ISLAND DISTRICT
(Benefit Zone 12)
IMPACT
NEW LANE TOTAL TOTAL NET FEE
MILES CREDIT COST CQST AT 85 %
.0027 344.39 4171.50 3827.11
.001656 211.23 2558.52 2347.29
.00126 160.72 1946.70 1785.98
.002412 307.66 3726.54 3418.88
.0031647 403.66 4889.41 4485.75
.002412 307.66 3726.54 3418.88
3253
1995
1518
2906
3813
2906
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 FT2)
.002548 325.01 3936.66 3611.65
.00896 1142.88 13843.20 12700.32
.0005693 72.62 879.62 807.00
3070
10795
686
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0004099 52.29 633.33 581.04
.0005653 72.11 873.42 801.31
.0004561 58.18 704.71 646.53
494
681
550
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0001447 18.45 223.51 205.06
.0001447 18.45 223.51 205.06
.0001447 18.45 223.51 205.06
.0001447 18.45 223.51 205.06
.0001447 18.45 223.51 205.06
174
174
174
174
174
-14-
SOUTH ISLAND DISTRICT
( CONTINUED)
LAND USE TYPE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 FT2)
Schools & Day
(Student)
Fraternal Org.
(1000 FT2)
Care
NEW LANE TOTAL TOTAL NET
MILES CREDIT COST CQST
.0011667 148.81 1802.50 1653.69
.0000476 6.07 73.54 67.47
.00001447 1.85 22.35 20.51
IMPACT
FEE
AT 85 %
1406
57
17
RETAIL:
Under 50,000
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
FT2
.002751 350.90 4250.30 3899.40
.0038267 488.10 5912.20 5424.10
.0031127 397.03 4809.07 4412.04
.0023613 301.20 3648.26 3347.06
.0019553 249.41 3020.99 2771.58
.0023193 295.84 3583.37 3287.53
.001736 221.43 2682.12 2460.69
.0017313 220.84 2674.91 2454.07
3314
4610
3750
2845
2356
2794
2092
2086
BOOK
-15-
MIDDLE ISLAND DISTRICT
(Benefit Zone 11)
LAND USE TYPE (UNIT)
NEW LANE TOTAL TOTAL NET
MILES CREDIT COST COST
RESIDENTIAL:
Single Family (Unit) .0053
Mobile Home (Unit) .0032507
Multi-family/Condo
3 stories and over .0024733
(Unit)
Multi-family/Condo
(under 3 stories) .0047347
(Unit)
Hotel/Motel (Room) .0061273
Other Residential(Unit) .0047347
676.03 2968.00 2291.97
414.63 1820.37 1405.74
315.48 1385.07 1069.59
603.92 2651.41 2047.49
781.56 3431.31 2649.75
603.92 2651.41 2047.49
IMPACT
FEE
AT 85 %
1948
1195
909
1740
2252
1740
OFFICE AND FINANCIAL:
Medical Office
(1000 FT2)
Financial
(1000 FT2)
Other Office
(1000 FT2)
.002548 325.01 1426.88 1101.87
.00896 1142.88 5017.60 3874.72
.0005693 72.62 318.83 246.21
937
3294
209
INDUSTRIAL:
Warehouse (1000 FT2)
Wholesale (1000 FT2)
Gen Industrial
(1000 FT2)
.0004099
.0005653
.0004561
52.29 229.56 177.27
72.11 316.58 244.47
58.18 255.43 197.25
151
208
168
RECREATIONAL:
Skating Rink
(Parking Space)
Bowling Alley
(Parking Space)
Golf Course
(Parking Space)
Tennis Courts
(Parking Space)
Water Sports
(Parking Space)
.0001447 18.45 81.01 62.56
.0001447 18.45 81.01 62.56
.0001447 18.45 81.01 62.56
.0001447 18.45 81.01 62.56
.0001447 18.45 81.01 62.56
53
53
53
53
53
-16-
BOOK
MIDDLE ISLAND DISTRICT
(CONTINUED)
LAND USE TYpE (UNIT)
INSTITUTIONAL:
Conf. Center
(1000 FT2)
Schools & Day
(Student)
Fraternal Org.
(1000 FT2)
Care
NEW LANE TOTAL TQTAL NET
MILES CREDIT COST COST
.0011667 148.81 653.33 504.52
.0000476 6.07 26.66 20.58
.00001447 1.85 8.10 6.26
IMPACT
FEE
AT 85 %
429
17
5
RETAIL:
Under 50,000 FT2
(1000 FT2)
50,000-99,999
(1000 FT2)
100,000-199,999
(1000 FT2)
200,000-299,999'
(1000 FT2)
300,000-399,999
(1000 FT2)
400,000-499,999
(1000 FT2)
500,000-999,999
(1000 FT2)
Over 999,999
(1000 FT2)
.002751 350.90 1540.56 1189.66
.0038267 488.10 2142.93 1654.83
.0031127 397.03 1743.09 1346.06
.0023613 301.20 1322.35 1021.15
.0019553 249.41 1094.99 845.58
.0023193 295.84 1298.83 1002.99
.001736 221.43 972.16 750.73
.0017313 220.84 969.55 748.71
1011
1407
1144
868
719
853
638
636
-17-
BOOK
If a building is requested for mixed uses, then the fee
shall be determined through using the above schedule by
apportioning the space committed to uses specified on the
schedule.
If the type of development activity for which a building
permit is applied is not specified on the above fee schedule, the
county administrator shall use the fee applicable to the most
nearly comparable type of land development on the above fee
schedule. The county administrator shall be guided in the
selection of a comparable type by Florida Department of
Transportation (FDOT) and/or Institute of Transportation
Engineers (ITE) traffic generation statistics. If the county
administrator determines that there is no comparable type of land
use on the above fee schedule, then the county administrator
shall determine the fee by: (a) using traffic generation
statistics contained in Institute of Transportation Engineers
Trip Generation: An Information Report (Third Edition) or trip
generation statistics supplied and certified by a registered
Florida professional engineer and (b) using for average trip
length the average trip length of all average trip lengths for
the applicable land use type as set out in this ordinance (i.e.
residential, office and financial, industrial, recreational,
institutional, retail) that were used in calculating the above
fee schedule and (c) using as a percent (%) new trips the average
percent (%) new trips for the applicable land use type (i.e.
residential, office and financial, industrial, recreational,
-18-
institutional, retail) that were used in calculating the above
fee schedule and (d) applying the formula set forth in Section 1-
17-29B hereof, and (e) reducing the fee so determined by fifteen
percent (15%). The County Administrator shall determine the
applicable land use type.
In the case of a change of use, redevelopment, or
modification of an existing use which requires the issuance of a
building permit or electrical permit for recreational vehicle
parks or mobile home parks, the impact fee shall be based upon
the net increase in the impact fee for the new use as compared to
the previous use. The county administrator shall be guided in
this determination by Florida Department of Transportation (FDOT)
and/or Institute of Transportation Engineers (ITE) traffic
generation statistics.
B. If the feepayer shall opt not to have the impact fee
determined according to Paragraph A of this section, then the fee
shall be determined by the county administrator based upon the
traffic generation rates determined by an Independent Traffic
Study (ITS), defined in Section 1-17-34I of this ordinance,
prepared by the feepayer
administrator or his designee.
The following formula
and submitted to the county
shall be used by the county
administrator or his designee to determine the impact fee per
unit:
-19-
(1)
(2)
(3)
NEW LANE MILES = [(Generation Rate X Average Trip
Length X % New Trips) /LANE Capacity]/2
COST = NEW LANE MILES X COST PER LANE MILE
NET COST = COST - [GAS TAX CREDIT + LICENSE CREDIT
+ ROAD & BRIDGE CREDIT]
(4) IMPACT FEE = NET COST
Section 1-17-30. Payment of Fee.
A. The feepayer shall pay the fee in cash to the county
administrator at any time prior to the issuance of a building
permit or electrical permit for a recreational vehicle park or
mobile home park.
B. In lieu of all or part of the road impact fee, the Board
of County Commissioners may accept the offer by a developer to
construct part of a road improvement project shown in the St.
Lucie County Growth Management Policy Plan Metropolitan Planning
Organization Roads Impact Fee Eligibility Networks or
appropriate to the implementation thereof. Such construction
must be in addition to any road improvements required pursuant
to other ordinances. In addition, the construction must only be
for purposes as set out in Section 1-17-31. The developer shall
submit a cost estimate certified by a registered Florida
professional engineer and acceptable to the Board of County
Commissioners or their designee, who shall credit the cost of the
construction against the road impact fee otherwise due. The
portion of the fee represented by the road construction shall be
deemed paid when the construction is completed and accepted by
-20-
the County or State for maintenance or when adequate security for
the completion of the construction has been provided.
Section 1-17-31. Use of Funds and Road Benefit Zones.
A. All funds collected from road impact fees shall be used
solely for the purpose of capital improvements to transportation
facilities associated with the arterial and collector road
network under the jurisdiction of St. Lucie County or the State
of Florida, and not for maintenance or operation. Such
improvements shall be of the type as are made necessary by the
new development.
B. Except as provided in Paragraph D of this Section, all
funds shall be used exclusively for capital improvements within
the road benefit zone from which the funds were collected or for
projects in other adjacent road benefit zones which are of direct
benefit to the road benefit zone from which the funds were
collected. Funds shall be expended in the order in which they
are collected. For purposes of this ordinance, the road benefit
zones shall be as shown in the Map attached hereto and
incorporated herein by reference.
C. Each fiscal year the county administrator shall present
to the Board of County Commissioners a proposed capital
improvement program for roads, assigning funds, including any
accrued interest, from the several Special Revenue Funds to
specific road improvement projects and related expenses. Monies,
including any accrued interest, not assigned in any fiscal year
shall be retained in the same Special Revenue Funds until the
next fiscal year except as provided by the refund provisions of
this ordinance.
D. The County shall be entitled to retain three percent
(3%) of all impact fee funds it collects to offset the costs of
administering and enforcing this ordinance.
Section 1-17-32. Refund of Fees Paid.
A. If a building permit or electrical permit for a
recreational vehicle park or mobile home park expires, then the
feepayer shall be entitled to a refund of the impact fee paid as
a condition for its issuance except that the County shall retain
six percent (6%) of the fee to offset the costs of collection and
refund.
B. Any funds not expended or encumbered by the end of the
calendar quarter immediately following ten (10) years from the
date the roads impact fee was paid shall, upon application of the
feepayer, be returned to him with interest at the rate of six
percent (6%) per annum.
Section 1-17-33. Exemptions and Credits.
A. The following shall be exempted from payment of the
roads impact fee:
1. Alterations or expansion of an existing building
where no additional units are created, the use is
not changed, and where no additional vehicular
trips will be produced over and above that produced
by the existing use.
-22- BI]OK
e
The construction of accessory buildings or
structures which will not produce additional
vehicular trips over and above that produced by the
principal building or use of the land.
The replacement of a building or structure with a
new building or structure of the same use provided
that no additional trips will be produced over and
above those produced by the original use of the
land·
Credits:
1.
o
No credit shall be given for site related
improvements.
All roadway improvements required for County or
City development approval, except for those
improvements deemed site-related, shall be credited
against road impact fees to the extent that roadway
improvements shall be credited up to the total of
the impact fee. The feepayer shall present cost
estimates prepared by a registered Florida
professional engineer to be utilized by the county
administrator in determining the amount of the
credit. However, the county administrator retains
the right to determine the amount to be credited by
preparing engineering and construction cost
estimates for those improvements.
-23-
Section 1-17-34. Definitions.
A. A "Feepayer" is a person commencing traffic generating
land development activity covered by this ordinance.
B. A "Capital Improvement" includes traffic engineering
studies, transportation planning and the right-of-way
acquisition, engineering and construction of any road
construction project but does not include periodic or routine
maintenance as defined in § 344.03(13) or (18), Florida Statutes.
C. The "Expansion" of the capacity of a road includes any
widening, intersection improvement, signalization or other
capital improvement designed to increase the road's capacity.
D. The "Generation" of traffic shall include both the
production and attraction of traffic. Land development activity
shall be deemed to generate additional traffic if the result of
the activity is a use of land which will generate more vehicular
traffic than the pre-existing use.
E. "Level of Service" shall have the same meaning as set
forth in the Highway Research Board's 1965 Highway Capacity
Manual.
F. "Road" shall have the same meaning as set forth in §
334.03(7), Florida Statutes.
G. "Site-related Improvements" are capital improvements to
roads and right-of-way dedications necessary to provide safe and
adequate access within and adjacent to the development in
question and made necessary by the specific traffic to be
generated by the development in question.
H. A "Unit" for residential, hotel and motel uses, is each
entity of occupancy within a building and not the entire
building.
I. An Independent Traffic Study or ITS is a statement
meeting the following criteria:
(1) The statement shall project whether roads serving
or to serve the proposed project will fall below
level of service D during any calendar month of any
year during a twenty-year period beginning from the
project start of the development.
(2) In determining the effects of a proposed project on
the level of service, the ITS shall consider the
following:
(a) traffic characteristics and levels of service
of existing major thoroughfares directly
affected by the proposed project;
(b) trip generation and origin-destination
projections for the proposed project;
(c) impacts of the proposed project on affected
major thoroughfares including anticipated
changes in the level of service;
(d) impacts of previously approved projects
affecting the same major thoroughfares as the
proposed project;
(e) radius of development influence;
-25-
(3)
(4)
(f) effects of phasing of the proposed development
including relationships to any long-range
thoroughfare plans of the County and to the
five-year transportation improvement program
of any Metropolitan Planning Organization and
the five-year work program of the Florida
Department of Transportation;
(g) effects of roadway alterations to be made as
part of the proposed project, including
intersection improvements, turn lanes,
signalization, median and other improvements;
(h) impacts of increased through traffic movement
and traffic from potential developments
permitted and contemplated under the Growth
Management Policy Plan of St. Lucie County.
The ITS shall address each of the policies of the
transportation element of the Growth Management
Policy Plan of St. Lucie County.
The following methods of evaluation and standards
shall be used in preparing the ITS, unless the
county administrator finds that, because of
circumstances unique to the proposed development
and roadway system serving the proposed
development, other methods or standards provide a
more accurate means to evaluate the status of the
major thoroughfares affected by the proposed
project:
(a)
(b)
(c)
Total traffic generated by the project shall
be computed using the rates published in the
latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation
and Informational Report, unless documentation
is supplied justifying the use of different
rates.
Traffic assignments shall be made for each
link within the project's radius of
development influence in conformance with good
traffic engineering principles. The ITS shall
use the following table of average daily trips
as the standard for level of service "D":
DESIGN TYPE
Two lane (two-way)
Four lane (undivided)
Four lane (divided)
Six lane (undivided)
Six lane (divided)
Eight lane (divided)
Four lane expressway
Six lane expressway
Eight lane expressway
AVERAGE
DAILY TRIPS
13,900
24,400
32,900
40,200
50,000
65,100
68,700
102,200
137,500
Average daily trips shall be based on data for
travel during the first quarter of the
calendar year.
In lieu of being based on the table in
Paragraph (b) the ITS may be based on an
analysis of peak-hour intersection capacities
BOOK
-27-
(d)
(e)
to determine whether the standard is met. The
analysis shall contain detailed intersection
analyses (including calculations) for all
intersections within the radius of development
influence. Where
capacity analysis
Highway Capacity
detailed intersection
is provided, the 1965
Manual (including the
Northwestern Monographs) or Transportation
Research Circular No. 212, "Interim Material
on Highway Capacity", Transportation Research
Board, January 1980, shall be referenced and
used as documentation. When or if subsequent
editions become available, such subsequent
editions shall be referenced.
The county administrator may require that both
the lane analysis and the intersection
analysis be provided if he has reason to
believe that at one or more affected
intersections the sum of peak-hour critical
lane volumes is expected to exceed 1,200
vehicles per hour.
The ITS shall cover the radius of development
influence of a proposed development, which
shall include an area of five road miles from
the perimeter of the development. The
project's radius of development influence
- 2 8- ~{]0 K
(f)
(g)
shall be measured as road miles from the
proposed project, not as a geometric radius.
Background traffic shall be taken into account
as follows:
(1) The effect of previously approved but
incomplete projects that may eventually
affect the major thoroughfares within the
radius of development influence of the
proposed project shall be addressed in
the ITS as provided herein.
(2) Phasing of previously approved projects
may be considered in the analysis of
background traffic.
Future traffic shall be taken into account as
follows:
(1) The effects of increased through traffic
and increases in traffic associated with
the development of lands suitable for
development but not yet planned should be
estimated. Estimates should be developed
for a 20-year period for through
movements and for total buildout of
potential developments.
The then current Land Use Element of the
St. Lucie County Growth Management Policy
Plan in conjunction with the then current
(2)
Zoning Ordinance should be utilized to
estimate the traffic impact from
potential developments affecting the
radius of development impact.
(h) The ITS may take into account roads and road
improvements not yet constructed only if all
funds for such roads and road improvements
have already been specifically appropriated by
the Board of County Commissioners or the
legislature of the State of Florida for the
particular road or road improvements.
(i) The ITS shall identify all roadway
improvements necessitated by projected traffic
and the percent impact of the traffic of the
projected increased traffic demand by link for
each required improvement not included under
paragraph (h).
(j) The ITS shall also identify the costs of all
link improvements required by projected
traffic in the ITS.
(k) The ITS shall identify the impact fee by
multiplying the cost by link as identified in
paragraph (j) by the percentage of impact
traffic as determined in paragraph (i). The
impact fee shall be computed as set forth in
Section 1-17-29B.
(1)
(m)
The ITS shall be prepared and sealed by a
registered Florida professional engineer.
Studies and analyses required by this Section
shall be subject to review of methodology and
technical accuracy by the county
administrator.
Section 1-17-35. Review.
The Roads Impact Fee shall be reviewed by the Board of
County Commissioners annually.
PAR~B. SEYERABILI~.
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 circumstance,
such hold shall not affect its applicability to any other person,
property, or circumstance.
PART C. FILING WITH THE DEP~ OF STATE.
The Clerk is hereby directed forthwith to send a
certified copy of this ordinance to the Bureau of Administrative
Code and Laws, Department of State, The Capitol, Tallahassee,
Florida, 32304.
B~0~
-31-
PART D.
1986.
EFFECTIVE DATE.
This ordinance shall become effective on February 1,
PART E. PENALTY.
A violation of this ordinance shall be a misdemeanor
punishable according to law; however, in addition to or in lieu
of any criminal prosecution, St. Lucie County or any feepayer
shall have the power to sue in civil court to enforce the
provisions of this ordinance.
PART F.
ADOPTION.
After motion and second, the vote on this ordinance was
Chairman Havert L. Fenn
Vice Chairman Jim Minix
Commissioner E. E. Green
Commissioner R. Dale Trefelner
Commissioner Jack Krieger
as follows:
Aye
Aye
Aye
Aye
Aye
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 B through G shall not be codified.
-32- BOOK
PASSED AND DULY ADOPTED
ATTEST:
this 12th day of November, 1985.
BOARD OF COUNT~ CO~I#ISSIONERS
ST. LUCIE CO'qT', FLORIDA
APPROVED AS TO FOP. Il AND
CORR~CTNE~:
-33-
t
~. .L . n · o~ ''
ORDINANCE NO. 85-12
tN ORDIlilNCE ANENDING CHAPTER 1-5,
ARTICLE IV OF THE CODE OF
OllDINANCES OF ~T. LUCIE COUNTY,
FLORIDAv BY ADOPTING THE STANDARD
MECHANICAL CODE, 1985 EDITION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, 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 adopt and enforce building, housing, and related
technical codes and regulations for the safety, health, and
welfare of the people.
2. Adoption of the Standard Mechanical Code, 1985 Edition,
including Appendix A, will benefit the health, safety, and
welfare of the residents of St. Lucie County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioner's of St. Lucie County, Florida:
PART A. ANENDNENT OF SECTION 1-5-41 (ADOPTED) OF ARTICLE IV
0m. ECHANICAL CODE) OF CHAPTER 1-5 (BUILDINGS AND
BUILDING REGULATIONS)
Section 1-5-41 of Article IV of Chapter 1-5 of the Code of
Ordinances of St. Lucie County, Florida, is hereby amended to
read as follows:
Section 1-5-41. Adopted.
The Standard Mechanical Code,
-L9~-~evisieas-~4~r~t~- 1985 Edition, including Appendix A. as
480
BOOK
-S~Tuck~-~~-passages are deleted; llf~u~.L].~ passages are
added.
promulgated by the Southern Building Code Congress International,
Inc., is adopted by reference as the mechanical 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.
PART B. SEVERABILITYANDAPPLICABILITY
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART C. FILING WIT~ T~E DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida, 32304.
PART D. EFFECTIVE DATE
This ordinance shall take effect December 1, 1985.
~tTu~k--khr~h--pa~e~ are deleted; l~ passages are
added.
PART E. ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice Chairman James Minix
Commissioner R. Dale Trefelner
Commissioner E. E. Green
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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.
PA~SEDAND D~X ADOPTED this 22nd day of October, 1985.
ATTEST
BOARD OF COUNTY CO~qlSSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FOP4q AND
CORRECTNESS:
BOOK
S%=uck--~breugh-~ are deleted; i~ passages are
added.
STATE OF FLORIDA
COUNTY OF ST. LUClE
THE N[ 'tS 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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a. notice of intent
in the matter of. mechanical code
was published in said newspaper in the issues of ..........
9/27/8s
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has
heretofore been continuously published in said St. Lucie County, Floriaa, 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 the~first publication of the attached copy of advertisement; and affiant
further~$aYs:'t;~ ~,h~as neither paid nor promised any.,person, firm of corpo, ra-
tion a~y~di§61~a~rit~':~ebate, commission or refund for ~ne purpose ot secumng
thLs g~iverJJs ~e4~ne~i~.u. blication in the said newspaper.
SW6rq~t~ an~i~subs~'erib~' before me
:.~ '~2?t.h J TM ~: / SEe
-Ti~is ~ ..... . ..;;. ;:~.~ ~ay of .......... f... ' '
A~D, .:%. ........ ~.L: .~...,,(~ · t: ·., ......... J-~'-~'. · · .~. · · · .=. · ~ ...........
..~<Y~~ .... __ .. :... ~0T,,~ Pum.,c S~,~E OF
FLORIDA
(SEAL) ~~y ~blic My COMMISSION EXP. D~C 13,1987
BDMDE9 IHRU G(NERAL INS. UNO.
BEFORE THE BOARD OF
COUNTY COMMIS-
SIONERS
ST. LUCIE COUNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY
GIVEN THAT THE
BOARD OF COUNTY
COMMISSIONERS OF ST.
LUCIE COUNTY,
FLORIDA, will consider
adopting a Counfy Or-
dinance regarding the Stan-
dard Mechanical Code, 1985
Edition, at its regular
meeting on Tuesday, the
22nd day of October, 1985,
at 9:00 a.m., or as soon
thereafter as the matter
may be heard, at the St.
Lucie County Administra-
tion Building, 2300 Virginia
Avenue, Room 101, Fort
Pierce, Florida. Matters af-
fecting your personal and
groperty rights may be
eard and acted upon. All
interested persons are in-
vited fo attend and be
heard.
Copies of the proposed or-
dinance may be obtained
from the County Attorney's
Office, St. Lucle County Ad-
ministration Building, 2300
Virginia Avenue, Room 106,
Fort Pierce, Florida, 33482.
Amendments to the pro-
posal may be made by the
Board of County Commis-
sioners at the public hear-
In¥~- any person decides to
appeal any decision made
with respect to any matter
considered at the meetings
or hearings of any board,
committee, commission,
agency, council or advisory
group, that person will need
a record of the proceedings
and that, for such purpose,
may need to insure that
verbatim record of the pro-
ceedlngs is made, which
record should include the
testimony and evidence
upon which the appeal is to
be based.
· The title of the proposed
ordinance is as follows:
AN ORDINANCE
AMENDING CHAPTER 1:
5, ARTICLE IV OF THE
CODE OF ORDINANCES
OF ST. LUCIE COUNTY,
FLORIDA, BY ADOPTING
T H E STA N DA R 0'i
MECHANICAL CODE, 198~
EDITION.
THIS NOTICE EX-
ECUTED AND DATED
THIS 27TH DAY OF
SEPTEMBER, 1985.
Submitted by:
Krlsta A. Storey
Assistant County At-
torney
PUBLISH: September 27,
1985.
'B5 DD~28 P1:29
ROGEP ~':! '~
ST. LUCi~ ~i~' ' '
730506
""
BOOK
October 29 1985
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
Honorabl~. Havert L. Fenn
Chairman St. Lucie County Board of County
CommisSioners
St. Lucie County Courthouse
2300 Virginia Avenue, Room 104
Fort Pierce Florida 33482
Attention. Marjorie M. Canonica
Dear Mr. Fenn:
Commission Secretary
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of O~toher 25 1995
and certified copy/ies of
Ordinances Nos.
85-12
Receipt of
relative to:
,, St. l,nc5m
85-13. 85-1~. gg-lg
County
County Ordinance/s
fa)
which ]~d have numbered
LC/mb
e
(b)
w-h-i-ch we have numbered
We have filed t4~i~/these Ordinance(s) in this office
on October 28, 1985
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
Cloud, Chief
Bureau of Administrative Code
~ ~LE)RIDA~State of the Arts
BOARD OF COUNTY
COMMISSION£RS
October 25, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
Room 1802-E or D
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following
ordinances:
No. 85-12 - An ordinance amending Chap. 1-5, Article IV
of the Code of Ordinances of St. Lucie County, Florida.
No. 85-13 - An ordinance amending Chap. 1-5, Article V
of the Code of Ordinances of St. Lucie County, Florida.
No. 85-14 - An ordinance amending Chap. 1-5, Article II
of the Code of Ordinances of St. Lucie County, Florida.
No. 85-15 - An ordinance amending Chap. 1-5, Article VII
of the Code of Ordinances of St. Lucie County, Florida.
These ordinances were enacted by the Board of County Commission
of St. Lucie County on October 22, 1985.
Please advise if I may provide you with any further information.
/mmc
Very truly yours,
Cdatmis sion Secretary
Attachments
NAVERT L. FENN. District No. I * E. E. GREEN. District NO. 2 · JACK KRIEGER, District NO 3 · R. DALE TREFELNER, District No 4 · JIM MINIX, District No 5
County Administrotor . WELDON B. LE'~VlS
2300 Virginia Avenue · Fort Pierce, FL 33482-5652 · Phone (305) 466-1100 Ext. 201 & 202
?o050?
ORDII~,NCE NO. 85-13
AN ORDINANCE AMENDING CHAPTER 1-5,
Al~fICLE V OF THE CODE OF ORDINANCES
OF ST. LUCIE COUNTY, FLORIDA, BY
ADOPTING THE STANDARD PLUMBING
CODE, 1985 EDITION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, 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 adopt and enforce building, housing, and related
technical codes and regulations for the safety, health, and
welfare of the people.
2. Adoption of the Standard Plumbing Code, 1985 Edition,
including Appendix A, 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. AMENDNENT OF SECTION 1-5-51 (ADOPTED) OF ARTICLE V
(PLUNBING CODE) OF CHAPTER 1-5 (BUILDINGS AND BUILDING
REGULATIONS)
Section 1-5'51 of Article V of Chapter 1-5 of the Code of
Ordinances of St. Lucie County, Florida, is hereby amended to
read as follows:
Section 1-5-51. Adopted.
The Standard Plumbing Code,
~984-x~v{~-i~e~s--t-be~-~t~ 1985 Edition, including Appendix A, as
BOOK
Sbr~c~--~Pr~-~ are deleted; ~ passages are
added.
promulgated by the Southern Building Code Congress International,
Inc., is adopted by reference as the plumbing 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.
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART C. FILING WITH THE DEPARTNENT OF STATE
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida, 32304.
PART D. EFFECTIVE DATE
This ordinance shall take effect Deeember 1, 1985.
i~OOK
Struc~--t~-T~rs~u~s- are deleted; ~Hl~kg-~kiD~ passages are
added.
PART E. ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice Chairman James Minix
Commissioner R. Dale Trefelner
Commissioner E. E. Green
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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 ADOPTED this 22nd day of October, 1985.
BOARD OF COU~'Y COI~ISSIONEI~
ST. LUCIE COU~]TY, FLORIDA
APPROVED AS TO FOIUq AND
COP. IIECTNESS:
~ISTANT COUNT~ AT~EY
BOOK ~L.)U
~k-~-4~a~sa43e~- are deleted; ~ passages are
added. ~
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE NF' '$ TRIBUNE
Published ,~ven 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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a... ~o.~..~.c.e..o..f..i~..e.n.K .........
in the matter of ....... p.Lu.m.b.~.ng..o.D..a.a. ............................
was published in said newspaper in the issues of ..........
9/27/85
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has
heretofore been continuously published in said St. Lucia County, Florida, each
day and has been entered as second class mail matter at the post office in Fort
Pierce, in said~St. Lucia County, Florida, for a period of one year next pre-
ceding'~the firs~ publication of the attached copy of advertisement; and affiant
further says tl~t he has neither paid nor promised any person, firm or corpora-
tionxAny discOUnt; rebate, commission or refund for the purpose of securing
thi~dvert,sern~n~a%~r publicat,on ]n the said newspaper.
SWoYn to andf~ubscribed before me
~s 2"t~ }i )~davofSEP '. ~
(SEAL) ~ v//~/ Notary Publ'ic BONDED TII~U 5[f'l~RhL INS. U~D.
No. 02787
BEFORE THE BOARD OF
COUNTY COMMIS-
SIONERS
ST. LUCIE CouNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY
GIVEN THAT THE
BOARD OF COUNTY
COMMISSIONERS OF ST.
LUCIE COUNTY,
FLORIDA, will consider
adopting a County Or-
dinance regarding the Stan-
dard Plumbing Cede, 1985
Edition, at ifs regular
meeting on Tuesday, the
22nd day of October, 1985,
at 9:00 a.m., or as soon
thereafter as the matter
may be heard, at the St.
Lucle County Adminlstra-
tlon Building, 2300 Virginia
Avenue, Room 101, Fort
Pierce, Florida. Matter~
fectlng your personal and
roperty rights may be
eard and acted upon. All
interested persons are in-
vited to attend and be
heard.
Copies of the proposed or-.
dinance may be obtained~
from the County Attorney's
Office, St. Lucia County Ad-
ministration Building, 2300
Virginia Avenue, Room 106,
Fort Pierce, Florida, 33482.
Amendments to the pro-
posal may be made by the
Board of County Commis-
sioners at the public hear-
Inyi- any person decides to
appeal any decision made
with respect to any matter
considered at the meetings
or hearings of any beard,
committee, commission,
agency, council or advisory
group, that person will need
a record of the proceedings
and that, for such purpose,
may need to Insure that a
verbatim record of the pro-
ceedlngs is made, which
record should include the
testimony and evidence
upon which the appeal is fo
be based.
The title of the proposed
ordinance is as follows:
AN ORDINANCE
AMENDING CHAPTER 1-
5, ARTICLE V OF THE
CODE OF ORDINANCES
OF ST. LUCIE COUNTY,
FLORIDA, BY ADOPTING
THE STANDARD PLUMB-
lNG CODE, 1985 EDITION.
THIS NOTICE EX-
ECUTED AND DATED
THIS 27TH DAY OF
SEPTEM'BE R, 1985.
Submitted by:
Krista A. Storey
Assistant County At-
torney
PUBLISH: September 27,
1985.
'85 OCT 28 P1:30
ORDINANCE NO. 85-14
AN ORDINANCE A~ENDING CHAPTER 1-5,
ARTICLE II OF T~E CODE OF
O~I~CES OF ~. LUCIE CO~
F~DA~ BY ~I~ T~E
BUI~I~ ~DE, 1985 ~ITION,
~E~~S ~ SE~IONS 103
50~.1.1, 901.5, ~ 901.7
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, 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 adopt and enforce technical codes and regulations for
the safety, health, and welfare of the people.
2. Adoption of the Standard Building Code, 1985 Edition,
including Appendix A, with amendments to Sections 103.6.1,
506.1.1, 901.5, and 901.7, will benefit the health, safety, and
welfare of the residents of St. Lucie County.
NOW, ~[IEREPORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AMENDMENT OF SECTION 1-5-16 (ADOPTED) OF ARTICLE Il
(BUILDING CODE) OF C~TER 1-5 (BUILDING AND BUILDING
REGULATIONS)
Section 1-5-16 of Article II of Chapter 1-5 of the Code of
Ordinances of St. Lucie County, Florida, is hereby amended to
read as follows:
BOOK ~U
S~P%~e~-~-~sag~- are deleted; ~ passages are
added.
Section 1-5-16. Adopted.
The Standard Building Code, -1-9~-~-ec%i'~i-~rrr-~n~-~he-~z3~-3-~
l~&~-revfsfons-~- 1985 Edition. including Appendix A. as
promulgated by the Southern Building Code Congress International,
Inc., 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.
/~qENDHENT OF SECTION 1-5-17 (A~ENDMENTS) OF ARTICLE II
(BUILDING CODE) OF CHAPTER 1-5 (BUILDING AND BUILDING
PART B.
REG~TI ONS )
Section 1-5-17 of the Code of Ordinances of St. Lucie
County, Florida, is hereby amended to read as follows:
Section 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 ~96r~F-e~d~o~e-~4~-~he--l~~-105.6.1. Permit Intent,
is hereby amended so that same shall henceforth read as follows:
The building official shall act upon an application for a
permit with plans as filed, or as amended, without unreasonable
or unnecessary delay. A permit issued shall be construed to be a
license to proceed with the work and shall not be construed as
authority to violate, cancel, alter, or set aside any of the
provisions of this code, nor shall such issuance of a permit
prevent the building official from thereafter requiring a
St=ue~--~4~~-~a~ee~lee--a{e--4e~e~e4; ll~ passages are
added.
correction of errors in
violations of this code.
invalid unless:
plans or in construction, or of
Every permit issued shall become
(a) A required inspection of the work authorized is
requested and made within six (6) months after issuance
of the permit; and
(b) Following the initial inspection of the work authorized
by such permit, continuing required inspection are
requested and made at intervals not exceeding six (6)
months.
Section F~.~5~.l.1 Scope, is hereby amended so that the same
shall henceforth read as follows:
These requirements shall apply to all group R-n~ 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 a~t~-i~ sprinkler
system in accordance with Section -5~6-~1-~ 505.10 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 c~
developm~nL-cou~di~t~z County Development Coordinator. or his
~ before issuance of the certificate of occupancy.
600K
S%-rtrc-~-L~,Luug~ passages are deleted; ~ passages are
added.
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 inch wet standpipe, hose and
nozzles is not required, however, the fire
department risers and hose connections in required
stairways are to be provided.
2. The manually operated fire alarm system required in
the compartmented group R-Residential building is
not required.
Str~ck--~brc~rg~-~a~-a~3~s- are deleted; ~ passages are
added.
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.
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.
Smokeproof 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 ~P.-frg01.5 General, is hereby amended to reflect the
addition thereto of paragraphs 5 and 6 which shall read as
follows:
5. In all buildings five (5) or more stories in height,
or fifty (50) feet or more in height, whichever is less·
Str~- Lh~u~ffir-p~RU~- are deleted; ~ passages are
added.
6. In all buildinas three (3) or four (4) stories in
~k~[~l~__~ ~ automatic fire sprinkler 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.
901.7. OCher Occupancy Sprinkler Req_uir-m-ntso is hereby
amended so that the same shall henceforth read as follows:
901.7.1, Group "H" #ercantile.
An approved automatic sprinkler system shall be provided in
stores and similar occupancies where
stocks
of combustible
materials are on display for public sale and where the store
floor area exceeds ten thousand (10,000) square feet.
Section 2204.04, #oving of Bulldinqs, 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
S~e~--tq%r~-~a~sa~es are deleted; ~ passages are
added.
relocated building into compliance with the Standard Building
Code within ninety (90) days from the date of relocation; if the
building does not comply with the Standard Building Code within
the ninety-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 C. SEVERABILITYANDAPPLICABILITY
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART D. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida, 32304.
PART E. EFFECTIVE DATE
This ordinance shall take effect December 1, 1985.
Str=ck-~Trr~-l~a~o=9=o are deleted; ~ passages are
added.
PA~ P. ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice Chairman James Minix
Commissioner R. Dales Trefelner
Commissioner E. E. Green
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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 D~JLY ADOPTED this 22nd day of October, 1985.
BOARD OF COONTY COI~IlSSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORll ~
CORRECTIlESS:
500K
~,ach--~h~eagh--pa~4~-are deleted; A~I~LlJJ~e~ passages are
added.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE NF' '$ TRIBUNE
Published ~en 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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a... ??.~.~.??..of...~..~.??? ..........
in the matter of .... .b.u.~)..a.~...c?.a.~. ...............................
was published in said newspaper in the issues of ..........
912718.5
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper 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 the first publication of the attached copy of advertisement; and affiant
further says~.tl~ t he has neither paid nor promised any person, firm or corpora-
tion'ta~y ~l~dOui~,,rebate, commission or refund for the purpose of securing
tl~'s~.dV~}t~§emer~or publication in the said newspaper.
S~n to and subscribed before me
This..- ......... :.. U C-day of .......... /.~..~, /,~ , //~
.............
i~ ~ ~o~ary cuDuc ~a~o~g T~U ~L t~s. U~O.
BEFORE THE BOARD OF
COUNTY COMMIS-
SIONERS
ST. LUCIE COUNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY
GIVEN THAT THE
BOARD OF COUNTY
COMMISSIONERS OF ST.
LUCIE COUNTY,
FLORIDA, will consider
adopting a County Or-
dinance regarding the Stan-
dard Building Code, 1985
Edition, a~ its regular
meeting on Tuesday, fha
22nd day of October, 1985,
af ~:00 a.m., or as soon
thereafter as the matter
may be heard, at the St.
Lucle County Administra-
tion Buildlng~ 2300 Virginia
Avenue, Room 101, Fort
Pierce, Florida. Matters af-
fecting your personal and
property rights m,~y be
heard and acted upon. All
interested persons are in-
vited fo attend and be
heard.
Copies of the proposed or-
dinance may be obtained
from the County Attorney's
Office, St. Lucie County Ad-
ministration Building, 2300
Virginia Avenue, Room 10~,
Fort Pierce, Florida, 33482.
Amendments to fha pro-
posal may be made by the
Board of County Commis-
sioners at the public hear~
In¥~ any person decides to
appeal any decision made
with respect to any matter
considered at the meetings
or hearings of any board,
committee, commission,
agency, council or advisory
group, that person will need
a record of the I~roceedings
end that, for such purpose,
may need to insure fhaf a
verbatim record of fha pro-
ceedlngs is made, which
record should include the
testimony and evidence
upon which the appeal is fo
be based.
The title of the proposed
ordinance is as follows:
AN ORDINANCE
AMENDING CHAPTER 1-
5, ARTICLE II OF THE
CODE OF ORDINANCES
OF ST. LUCIE COUNTY,
FLORIDA, BY ADOPTING
THE STANDARD
BUILDING CODE, 1985
EDITION AND AMEND-
MENTS TO SECTIONS
103.&1, 506.1.1, 901.5, AND
901.7.
THIS NOTICE EX-
ECUTED AND DATED
THIS 27TH DAY OF
SEPTEMBER, 1~85.
Submitted by:
Krlsta A, Storey
Asslstadf County At-
torney
· ~ ~T 28 P1:30
ROGEi~ !
ST. LUCRE ":.
730508
480
BOOK
730509
OP,~IN~d~CE NO. 85-15
AN ORDINANCE AMENDING C~APTER 1-5,
ARTICLE VI I OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY,
FLORIDA, BY ADOPTING THE
AMENDNENTS TO SECTIONS 331-3, 336-
3, AND 518-3 OF THE NATIONAL
ELECTRICAL CODE, 1984 EDITION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, 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 adopt and enforce building, housing, and related
technical codes and regulations for the safety, health, and
welfare of the people.
2. Adoption of amendments to Sections 331-3, 336-3, and
518-3 of the National Electrical Code, 1984 Edition, 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.
CREATION OF SECTION 1-5-72 (AMENDMENTS) OF ARTICLE VII
(ELECTRICAL CODE) OF CHAPTER 1-5 (BUILDINGS AND
BUILDING REGULATIONS)
Section 1-5-72 of Article VII of Chapter 1-5 of the Code of
Ordinances of St. Lucie County, Florida, is hereby created to
read as follows:
BOOK
~k--th=ou~h- passages are deleted; ~ passages are
added.
Section 1-5-72. Amendments.
The following sections
of the electrical code of the county,
as adopted by Section 1-5-71, are hereby amended in the following
respects;
331-3. Uses Permitted. Electrical nonmetallic tubing add
fittings shall be permitted to be used only in oD~- and two-
family dwellings,
p~v{ded-~q~t--~e~-~we~a§s-~r--~t-r-~c-t-~-4e-a~--e,~a~-~;ee
£~oo~s-~Hg~m~e-~~--~a~--i~~r-f~ee~s-aa~-~i4-i~--~-i~
~--the-~~-~--~h~s-~t-~r-~-fi~s~--D~-~--a-
336-3. Uses Permitted or Not Permitted. Type NM and Typ~
NMC cables shall be permitted to be USed only i~ o~- and two-
family dwellings.
~~--{~~ passages are deleted; underlined passages are
added.
1-i~e.
518-3. Wiring Methods. The fixed wiring methods shall be
metal raceways, nonmetallic raceways encased in not less than 2
inches (50.8 mm) of concrete, Type MI cable, or Type MC cable.
F~-i-~n--~e~--~---~eame~a~¢--~m~%t. he~l_~____~y_p~_AC
c-a~rl-~-and--r-i~/i~--nonme~&~e-~-~m~--~-~e--pe<-n+i-t~-~e-4~=-
i ~ ~ ~ t ~ ~i = d - i n - ~ -b ~ ~ ~d ~g~ - ~- ~~ - ~he~e~- ~- - a ~ e - ~
Exception No. R- 1. As provided in Article 640--Sound
Reproduction and Similar Equipment, in Article 800--Communication
Circuits, and in Article 725 for Class 2 and Class 3 remote-
control and signaling circuits, and in Article 760 for fire
protective signaling circuits.
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 circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART C. FILING WITH THE DEPARTMENT OF STATE
S~ack--~e~gh- passages are deleted; ~ passages are
added.
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida, 32304.
PART D. EFFECTIVE DATE
This ordinance shall take effect December 1, 1985.
PART E. ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman Havert L. Fenn
Vice Chairman James Minix
Commissioner R. Dale Trefelner
Commissioner E. E. Green
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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.
F~tT+mek--~hee~§h--pa~N~ are deleted; IL~ passages are
added.
PASSED AND DULY ADOPTED this 22nd day of October, 1985.
ATTEST:
BOARD OF COUNTY COFu~ISSIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORI~ AND
CORRECTNESS:
SISTANT dOUNTY ~TTORNEY
S~ruek--t-~~-~ are deleted; ~ passages are
added.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE N~~ ~'$ TRIBUNE
Published :3even 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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a..n..o.t.~.~.?. 9.{..~.n.~n.~. ...........
in the matter of...?.~?.St..r.~.sa.~...?~e. ..............................
was published in said newspaper in the issues of ..........
.................. ?/.~?./..s.s ..............................................
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 the first publication of the attached copy of advertisement; and affiant
further says that he has neither paid nor promised any person, firm or corpora-
tion any discount, rebate, commission or refund for the purpose of securing
this advertisement £or publication in the said newspaper.
Sworn to and subscribed before me
This ...... 2.7. ~.h ...... day of..S..~? ...... /./('~;__ /.~.~
A 198~ '
BEFORE THE BOARD OF
COUNTY COMMIS-
SIONERS
ST. LUCIE COUNTY,
FLORIDA
NOTICE OF INTENT
NOTICE IS HEREBY
GIVEN THAT THE
BOARD OF COUNTY
COMMISSIONERS OF ST.
LuCIE COUNTY,
FLORIDA, will consider
adopting a County Or-.
dinance regarding the Na-.
tional Electrical Code, 1984,
Edition, at its regular'
meeting on Tuesday, the'
22nd day of October,
at 9:00 a.m., or as soon
thereafter as the matter
may be heard, at the St.
Lucie County Administra-
tion Building, 2300 Virginia
Avenuq, Room 101, Fort
Plercll~'Florida. Matters af-
fecting your personal and
roperty rights may be
eard and acted upon. All
interested persons are il~
vited to attend and
heard.
Copies of the proposed or-
dinance may be obtained
from the Courtly Attorney's
Office, St. Lucle County Ad-
ministration Building, 2300
Virginia Avenue, Room 106,
Fort Pierce, Florida, 33482.
Amendments to the pro-
posa may be made by the
Board of County Comm
sloners at the public hear-
ing.
If any person decides to
appeal any decision made
with respect to any mallet
considered at the meeting~
or hearings of any board~
committee, commission,
agency, councilor advisory
group, that person will need
a record of the proceedings
and that, for such purpose,'
may need to insure that
verbatim record of the pro-
ceedlngs is made, which
record should include the
testimony and evidence
upon which the appeal is to
be based.
The title of the proposed,
ordinance is as follows:
AN ORDINANCE
AMENDING CHAPTER
5, ARTICLE VII OF THE
CODE OF ORDINANCES
OF ST. LUCIE COUNTY~
FLORIDA, BY ADOPTIN~
THE AMENDMENTS TO
SECTIONS 331-3, 336-3,
AND 518-3 OF THE
TIONAL ELECTRICAI~
CODE, 1984 EDITION.
THIS NOTICE EX~
ECUTED AND DATEI3i
THIS 27TH DAY OF,
SEPTEMBER, 1985.
Submitted by:
Krista A. Storey
Assistant County At-
torney
PUBLISH: Septemb.-r 2T~
'85 geT28 P1:31
ROGER
ST. LUCIL
730509
ORDINANCE NO. 85-18
AN ORDINANCE AMENDING SECTION 1-8.3-17(o)
(APPLICATION FOR CONCEALED FIREARMS LICENSE)
TO AUTHORIZE THE BOARD OF COUN~"E COMMISSIONERS
TO ESTABLISH BY RESOLUTION AN APPLICATION FEE AND
A FEE TO COVER THE COST OF FINGERPRINTING P~/)CESSING;
PROVIDING FOR REPEAL OF CONFLICTING PI~/)VISIONS;
PROVIDING FOR SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDNG FOR
CODI FI CATION
WHEREAS, the Board of County Commissioners of St. Lucie
County has made the following determinations:
1. Pursuant to Section 790.06, Florida Statutes, this Board
enacted Ordinance No. 85-01 establishing a uniform policy and
procedure for issuance of licenses to carry a concealed firearm
on the person.
2. This Board should provide for the establishment, by
resolution, of application and fingerprint processing fees.
NOW THEREEFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. Amendment of Section 1-8.3-17(o) (Application for
Concealed Firearms License)
Chapter 1-8.3, Article II, SECTION 1-8.3-17(o) Code of
Ordinances of St. Lucie County is hereby amended to read as
follows:
SECTION 1-8.3-17. Application for Concealed Firearms License.
(o) A Cashiers checks or money 9_~ in ~'91~ ~~f--$~
-m~e-payabte-~-~-h~m-~e~le~-B~eau-~--I~~a4~-i~9-~
by'resolution of--the -Boa~d-.of--County~-Commissionern to cover the
administrative-costs-and-th, cost of the fingerprint processing.
~=v~4~k~-~41~<~u~41--passa§es are deleted; ~ passages are
added.
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to
unincorporated areas of St. Lucie County, County ordinances and
County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent
of such conflict.
PART C. SEVEPu%BILITYANDAPPLICABILIT~.
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 ~o any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
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 Administrative Code &
Laws, Department of State, The Capitol, Tallahassee, Florida
32304.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon filing with the
Department of State.
S~-~~-passages- are deleted;
added.
underlined passages are
PART F. ADOPTION
After motion and second, the vote on this ordinance was as
follows:
Chairman R. Dale Trefelner
Vice-Chairman Havert L. Fenn
Commissioner E. E. Green
Commissioner Jim Minix
Commissioner Jack Krieger
Aye
Aye
Aye
Aye
Aye
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
berenumbered or relettered to accomplish such intention;
provided, however, that Parts B through G shall not be codified.
PASSED AND DULY ENACTED this 12th day of November, 1985.
BOARD OF COUNT~ CO~I$SIONERS
ST. LUCIE COUNTY, FLORIDA
APPROVED AS TO FORM AND
~ORRE~ESS~:
/
/ / /
~k--~hze~§h--p~s~ge~ are deleted; ~ passages are
added.
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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a ..... .n.o..t.~.~.e..gl..~teg~ .......
in the matter of ..... .s.t.....ku.c.~..~..c.o.u.n..ry..c.o..~.e..o.~., p.r.~.~e~ ....
was published in said newspaper in the issues of ..........
lo/18/85
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the saidnewspa~per has
heretofore been continuously published in said St. Lucie County, Floriaa, 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 the first publication of the attached copy of advertisement; and affiant
further says that he has neither paid nor promised any person, firm or corpora-
tion any discount, rebate, commission or refund for the purpose of securing
this advertisement for publication i~p th~sdid newspaper.
Sworn to and subscribed before me:'::/ . ~ ~'
18th d of 0C~/I . ~ . .-
This ................ ay .................
..... .... ....
.~ ' - Notary PuS[it Sta~e of Florida at Large
(SEA~)" Notary Public~ly Commission Expires Jan. 21, 1989
BEFORE T~
ST. L.'U C I E
~ FLORIDA ' .
NOTICE OF INTENT, '~'h ~',
NOTICE IS HEREBy.'
GIVEN THAT THE
~I~ R$O S ·
I~ ~a ~e in-
t~ ~ ~ p~
FOR
'85 lq0~ 19 E9:34
ST. L
7336Z5
BOARD OF COUNTY
COMMISSION£RS
November 15, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
Room 1802-E or D
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following ordinances:
No. 85-10 - An Ordinance relating to the regulation of the
use and development of land in St. Lucie County, Florida.
No. 85-18 - An Ordinance amending Section 1-8.3-17(o)
(Application for concealed firearms license.
These ordinances were enacted by the Board of County Commissioners
of St. Lucie County on November 12, 1985.
Please advise if I may provide you with any further information.
/mmc
Very truly yours,
Ma~0rie M. Canonica
CQ~ission Secretary
Administration Building
2300 Virginia Avenue
Fort Pierce, FL 33482
Attachments
HAVERT L. FENN, District No I · E. E. GREEN, District No. 2 · JACK KRIEGER. District No 3 · R DALE TREFELNER D~strict NO 4 * JIM MINIX Disrncr No 5
County Adminiscrocor - WELDON B LEWIS
2300 Virginia Avenue * Fort Pierce, FL 33482-5652 * Phone (305) 466-1100 Ext. 201 & 202
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
November 21, 1985
Honorable Roger Poitra's
Clerk of Circuit Court
St. Lucie County Courthouse
2300 Virginia Avenue, Room 104
Fort Pierce, Florida 33450
Attention: Ms. Marjorie M. Canonica, Commission Sec.
Dear Mr. Poitras:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of November 15, 1985
and certified copy/ies of st, Lucie County
Ordinance Nos. 85-10 and 85-18
Receipt of
relative to:
(b)
County Ordinance/s
which we have numbered
which we have numbered
We have filed this/these Ordinance(s) in this office
on November 21, 1985.
The original/duplicate copy/les showing the filing date
is/are being returned for your records.
Cordially,
(Mrs.) Liz Cloud, Chief
Bureau of Administrative Code
LC/
F~LORID~~State of~tbe~Art~
?Z 913
OP. DINANCE NO. 85-19
AN ORDINANCE AKKNDING THE TEXT OF THE
ST. LUCIE COUNTY ZONING ORDINANCE, THER~mY,
A~RNDING SECTION 3.2.901 (2) (e) 'NONCONFOP/qING
USES -/,CHANGE IN USE' TO PROVIDE THAT A CHANGE
FRON ONE~NONCONFOI~qING USE TO ANOTHF/~ NONCONFOI~qlNG
USE SHALL BE PEI~qITTED IF AND ONLY IF THE PROPOSED
NONCONFORNING USE WOULD NOT RESULT IN A REQUI~
FOR ADDITIONAL PARKING OVER THAT REQUIR~n FOR AN
EXISTING NONCONFORNING USE AND IN ADDITION THE BOARD
OF COUNTY CO~L~ISSIONERS: (i) DETEP/qINES THAT THE PROPOSED
NONCONFOP/qING USE IS EQUALLY OR NORE APPROPRIATE TO THE
DISTRICT AND THE SPECIFIC PROPERTY INVOLVED THAN THE
EXISTING NONCONFOI~qING USE; (ii) DSTER#INES THAT ANY
ADVERSE EFFECT OF THE PROPOSED NONCONFOI~IING USE UPON
NEIGHBORING PROPERTIES AND RESIDENTS With NOT BE GREATER
THAN THAT CREATED BY THE EXISTING NONCONFOI~qING USE AND
(iii) REQUIRES THAT THE APPLICANT~IEETAPPROPRIATE
CONDITIONS, LINITATIONS, AND REQUIRF/qENTS AS ARE
NECESSARY TO PREVENT OR NININIZE ADVERSE EFFECTS ON
NEIGHBORING PROPERTIES AND RESIDENTS; PROVIDING FOR
SEVERABILITY AND APPLICABILITY AND FILING WITH THE
DEPARTNENT OF STATE; PROVIDING FURTHER FOR AN
EFFECTIVE DATE, ADOPTION AND CODIFICATION
W~EREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On August 29, 1985, the St. Lucie County Planning and
Zoning Commission held a public hearing, due notice of which had
been published at least thirty (30) days in advance, to consider
amending the text of th St. Lucie County Zoning Ordinance,
Section 3.2.903 Nonconformities (2) (e).
2. The St. Lucie County Planning and Zoning Commission
recommended that the Board approve the proposed amendment.
3. On October 8, 1985, the Board of County Commissioners of
St. Lucie County, Florida, held a public hearing on the proposed
amendment after publishing notice of that hearing in the Fort
Pierce News Tribune on September 20, 1985.
~tx~k--t~r~ passages are deleted; ~ passages are a
added. ~IR~
4. This Board believes that passage of the proposed zoning
text amendment is in the best interest of the health, safety, and
welfare of the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. AKENDHENT OF SECTION 3.2.902(2)(e) Nonconforming Uses
Section 3.2.902(2) (e) Nonconforming Uses of the St. Lucie
County Zoning Ordinance is hereby, amended to read as follows:
(2)
Nonconforming Uses
(e) Change in Use
A nonconforming use shall not be
changed to any other use unless
such use conforms to the provisions
of this ordinance, except in
accordance with the procedure set
forth in this paragraph. A change
to another nonconforming use shall
be permitted if and only if the
proposed nonconforming use wou~d
not result in a requirement for
additional parking over that
required for an existing
nonconforming use, and in addition,
the Board of County Commissioners:
Determines that the proposed
nonconforming use is equally
or more appropriate to the
district and the specific
property involved than the
existing nonconforming use;
(ii)
(iii)
Determines that any adverse
effect of the proposed
nonconforming u~e upon
neighboring properti~ and
residents will not be Greater
than that creat~ by the
existing nonconforming use;
and
Requires that the applicant
meet appropriate conditions,
limitations, and requirements
as are necessary to prevent
~ek-~4~r~3h passages are deleted; ~ passages are a
added.
or minimize adverse effects
on neighboring properties and
PART B. SEVERABILITXANDAPPLICABILITY
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 reamining portions of this
ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
PART C. FILING WITH THE DEPARTMENT OF STATE
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida 32304.
PART D. EFFECTIVE DATE
This ordinance shall take effect upon receipt of official
acknowledgement from the Office of Secretary of State that this
ordinance has been filed in that office.
PART E. ADOPTION
After motion and second, the vote on this resolution was as
follows:
Chairman Havert L. Fenn
Vice-Chairman Jim Minix
Aye
Commissioner R. Dale Trefelner
Commissioner E. E. Green
Commissioner Jack Krieger
Absent
Aye
Aye
St-r~4~-ehgough-passages are deleted; !U~ passages are a
added.
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 ON DULY ADOPTED this 8th day of October, 1985.
BOARD OF COUNT~ COlglI$SIONERS
ST. LUCIE COUNT~, FLORIDA
/ CItAIRIqAN
~ack-~4~r~)ug4% passages are deleted; ~ passages are a
added.
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE I~' VSTRIBUNE
Publishea Seven Days A Week
Fort Pierce, St. Lucie County, Florida
/5-
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 ...... ~.e..L~.~.~.o..~' .h.e.a..r.~.n.~. .......
in the matter of ................... s.?.~y.a..?.~..c.o.~..~.~y..C.?.~..~.~..~.~?~?rs
was published in said newspaper in the issues of ..........
9/20/85
Affiant further says that the said News Tribune is a newspaper published at
Fort Pierce, in said St. Lucie County, Florida, and that the said newspaper has
heretofore been continuously published in said St. Lucia County, Florida, each
day and, has been. entered as second class mail matter at the post office in Fort
Pier~ ~i~-~idt:St. Lucie County, Florida, for a period of one year next pre-
~_.~he~s.t Publie~tion of the attached copy of advertisement; and affiant
.~l~er ~_.~ ~ ~'.at he has nei't~paid nOr promised any person, firm or corpora-
',$1~s~my'di~°~i.~rebate, c0~r~nisslon or refund for the u ose of se '
~',,.- · . ,.-~.~ ~ ,. ~,~ . . p rp cunng
~:: 19fis'advert~seh%~or pub~cahon ~n the said newspaper.
~e~or~ ~o~6~Sc~ed before me
~!. %f,~s'~-~ ~ ~, .~.. f.~.~ ~ ;-..day of .......... /. ~. ~ / ~
~ ............ ~. ~ ·
I~AL/ U Notary Public ~ :~*~ ~'' .....
No. 02740
NOTICE
NOTICE IS HEREBY
GIVEN that the Board of
County Commissioners tn
and for St. Lucie County,
Florida, will at 9:00 A.M. on
Tuesday, October 8, 1985, In
Room 101, St. Lucle County
Administration Building,
2300 Virginia Avenue, Fort
Pierce, Florida hold a
public hearing on:
Petition of the Board of
County Commissioners to
amend the Text of the St.
Lucle County Zoning Or-
dinance, Section 3.2.902
Nonconformities (2) (e) as
follows:
Section 3.2.902 Nonconfor-
m if les
(2) Nonformlng Uses
(e) Change in Use. A
nonconforming use shall
not be changed to any other
use unless such use con-
forms fo the provisions of
this ordinance, except in
accordance with the pro-
cedure set. forth In this
paragraph. A change fo
another nonconforming use
shall be permitted If and on-
ly If the proposed non-
conforming use would not
result in a requirement for
additional parking over
that required for existing
nonconforming use, and in
addition, the I~oard of Coun-
ty Commissioners:
(I) Determines that the
proposed nonconforming
use is equally or more ap-
propriate fO the district and
the specific property in-
volved than the existing
flonconform lng use:
(11) Determines that
any adverse effect of the
proposed nonconforming
use upon neighboring pro-
perties and residents will
not be greater than that
created by the existing non-
conforming use; and
(iii) Requires that the
applicant meet appropriate
conditions, limitations, and
requirements as are
necessary to prevent or
minimize adverse effects
on neighboring properties
and residents.
All Interested persons
will be given an opportunity
fo be heard at this time.
If If becomes necessary,
these public hearings may
be continued from flme to
time.
Dated this 17th day of
September, 1985.
BOARD OF COUNTY
COMMISSIONERS
ST. LUCIE COUNTY,
FLORIDA
,~ (s) R. Dale Trefelner,
~halrman
PUBLISH: September 20~
'85 []b~ 16 P1:50
FILED
ROGER
ST. LUC;I.k~ '
7~S913
BOARD OF COUNTY
COMMISSION(ERS
October 11, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following
ordinances:
No. 85-19 - An ordinance amending the Text of St.
Lucie County Zoning Ordinance.
No. 85-20 - An ordinance amending Section 3.2.400
(Table 1) of the St. Lucie County Zoning Ordinance.
These ordinances were enacted by the Board of County
Commissioners of St. Lucie County on October 8, 1985.
Please advise if I may provide you with any further
information.
y truly yours,
Mar~.orie M. Canonica
Cocugmission Secretar~v
/mmc
Attachments
HAVERT L. FENN, District No. 1 ,~ E. E. GREEN, District No. 2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX. District No. 5
County Administrator - WELDON B. LEWIS
2300 Virginia Avenue · Fort Pierce, FL 33482-5652 · Phone (305) 466-1100 Ext. 201 & 202
7 914
OIIDINA~CE NO. 85-20
AN ORDINANCE 19t~NDING SECTION 3°2.400 (TABLE
OF THE ST. LDClE COUNT~ ZONING ORDINANCE TO
AHEND CERTAIN LOT SIZE AND DII~NSIONAL RI~UIRF~ENTS
FOR THE INSTITUTIONAL (I) ZONING DISTRICT~
PROVIDING FOR SEVERABILITY AND APPLICABILITY~
FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FURTHER FOR AN EFFECTIVE DATE, ADOPTION,
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. On August 22, 1985, the St. Lucie County Planning and
Zoning Commission held a public hearing, due notice of which had
been published at least thirty (30) days in advance, to consider
amending the text of th St. Lucie County Zoning Ordinance,
Section 3.2.400 Density, Area, Yard and Height Requirements.
2. The St. Lucie County Planning and Zoning Commission
recommended that the Board of County Commissioners approve the
proposed amendment.
3. On October 8, 1985, the Board of County Commissioners of
St. Lucie County, Florida, held a public hearing on the proposed
amendment after publishing notice of that hearing in the Fort
Pierce News Tribune on September 6, 1985.
4. This Board determined the proposed Ordinance amending
the lot size and dimensional requirements for the Institutional
(I) Zoning Ordinance District is in the best interest of the
health, safety, and welfare of the citizens of St. Lucie County,
Florida.
~~--~r~ passages are deleted; ~ passages are
added.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
PART A. A~END~ENT OF SECTION 3.2.400 Density, Area, Yard, and
Height Requirements for the Institutional (I) Zoning District.
Section 3.2.400 Density, Area, Yard, and Height Requirements
(Table 1): Lot Size and Dimensional Requirements for the
Institutional (I) Zoning District of the St. Lucie County Zoning
Ordinance is hereby, amended to read as follows:
Maximum Gross Density
Maximum Lot Area (sq. Ft.) ~J~ 20.000
Minimum Lot Width (ft.) ~ 100
Minimum Road Frontage (ft.) 60
Minimum Yards
Front (ft.) ~0 25
Side (ft.) 20
Side (corner Lot) (ft.) m~0 20
Rear (ft.) J~0 20
Maximum Height (ft.) 40
Maximum Lot Coverage by Buildings (%) 30
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 reamining portions of this
ordinance. If this ordinance or any provision thereof shall be
held to be inapplicable to any person, property, or circumstance,
such holding shall not affect its applicability to any other
person, property, or circumstance.
479
~=uck--th=ough passages are deleted; it~ passages are
added.
PART C. FILING WITH THE DEPART~ENT OF STATE
The Clerk is hereby directed forthwith to send a certified
copy of this ordinance to Bureau of Administrative Code and Laws,
Department of State, the Capitol, Tallahassee, Florida 32304.
PART D. EFFECTIVE DATE
This ordinance shall take effect upon receipt of official
acknowledgement from the Office of the Secretary of State that
this ordinance has been filed in that office.
PART E. ADOPTION
After motion and second, the vote on this resolution was as
follows:
Chairman Havert L. Fenn Aye
Vice-Chairman Jim Minix Aye
Commissioner R. Dale Trefelner Absent
Commissioner E. E. Green Aye
Commissioner Jack Krieger Aye
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.
F~t~c-k--~oagh- passages are deleted; ~ passages are
added.
PASSED ON DULY ADOPTED this 8th day of October, 1985.
ATTEST:
BOARD OF CO[~TI~ COllllIS$IONl~lk~
ST. LUCIE CO~TY, FLORIDA
APPROVED AS TO POI~ AND
cpmm ss:
$~e~--~gb passages are deleted; ~ passages are
added.
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 Fort
Pierce in St. Lucie County, Florida; that the attached
copy of advertisement, being a...p.?.t~t.~.?.,..~.?.~y.~.,.~. ..........
in the matter of ..... .~.o.a?.d., p?..c.??.t.y., .c.o..~..~.~.~.~.o..~??.~. ...........
was published in said newspaper in the issues of ..........
9/6/85
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
lay andhas been entered as second class mail matter at the post office in Fort
ferce,, in said St. Lucie County, Florida, for a period of one year next pre-
.ding the. ~£~t publication of the attached copy of advertisement; and affiant
-ther ~a~;~' ~'~.',}i.he has neither paid nor promised any person firm or corpora-
n a_n~dJ~t, ~'}~e~ate, commission or refund for the purpose of securing
s ac~v,~rtisem~n[~'~.f~ublication in the said newspaper.
o~ ~c~pd. $~bs~t~ ~e~l~ before me
~'~'~ ~~ ............ ..' ...... c~-~ [ [~. UNO.
',AL) Notary ~blic
Sectlll 3.2~4Q0 DIII!IY,
'85 IA"1'16 P1:51
ROGER i':;;: i. ,' .... ':,-.:1
ST. LUCIE C'i)l..i~'; ,, ,:,.
BOARD OF COUNTY
COMMISSION£RS
October 11, 1985
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
Department of State
The Capitol
Tallahassee, FL 32304
Dear Mrs. Cloud:
Attached please find signed copies of the following
ordinances:
No. 85-19 - An ordinance amending the Text of St.
Lucie County Zoning Ordinance.
No. 85-20 - An ordinance amending Section 3.2.400
(Table 1) of the St. Lucie County Zoning Ordinance.
These ordinances were enacted by the Board of County
Commissioners of St. Lucie County on October 8, 1985.
Please advise if I may provide you wit~ any further
information.
truly yours,
Mar~.orie M. Canonica
Ccyfmission Secretary
/mmc
Attachments
HAVERT L. FENN~ District No. 1 · E. E. GREEN, District No. 2 · JACK KRIEGER District No. 3 · R. DALE TREFELNER District No. 4 · JIM MINIX, District No 5
County Administrator - WELDON g LEWIS
2300 Virginia Avenue · Fort Pierce, FL 33482-5652 ° Phone (305) 466-1100 Ext. 201 & 202
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
October 15, 1985
Ms. Marjorie M. Canonica
Commission Secretary
St. Lucie County Courthouse
2300 Virginia Avenue
Fort Pierce, Florida 33482-5652
Dear Ms. Canonica:
~ Pursuant to the provisions of Section 125.66, Florida
Statutes, this ~vi]l acknowledge:
!. Receipt of your letter/s o£ October 11, 1985
and certified copy/ies of ____~_~r.._L_ucie CountK~
County Ordinance (~__ 85-19 & 85-20
relating to zonin~ ordinance.
2. Receipt of County Ordinance/s
relative to:
{b)
which we have numbered
which wc ha'vu
I?e have filed ~h~_~/these Ordin~nce/s in tl~i.~ office
on October 14, !985.
The original/duplicate, cc;py,,'ies si-~,o~,.i~g the filing date
is/are being returned J:of your records.
Co rd J u 11 y
Bureau
Lc/mb
FLORIDA-State of the Arts