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HomeMy WebLinkAbout19921 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 37 38 39 4O 42 43 45 4'7 48 49 2/14/92 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY: AMENDING SECTION 2.00.00 BY DELETING THE TERM ALTERATION; AMENDING SECTION 3.01.03 (ZONING DISTRICTS) PARAGRAPHS Z AND AA TO INCLUDE PROVISIONS FOR SINGLE FAMILY RESIDENCES: AND SECTION 7.10.16 (RECREATIONAL VEHICLE PARKS) BY AMENDING REQUIREMENTS FOR PERMITTED USES AND EXCEPTIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. In the subsequent usage of this Code it has been determined that additional changes are necessary in order to correct certain grammatical problems, to provide greater clarification, or to compensate for omissions. 3. In order to allow for inclusion of single family residences within the Recreational Vehicle Park Zoning District certain specific changes are incorporated. 4. On January 23, 1992, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in The Port St. Lucie News at least fifteen (15) days prior to the hearing and recommended that the proposed ordinance be adopted as drafted. 5. On February 6, 1992, this Board held its first public hearing on the proposed ordinance, after publishing a notice of Struck thrcugh passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~:~:~:~rline are addition from 12/23/91 draft. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2/14/92 su6h hearing in the Port St. Lucie News on January 31, 1992. 6. On February 20, 1992, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on February 13, 1992. 7. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety, and public 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. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS: 3.01.03 ZONING DISTRICTS Z. RVP RECREATIONAL VEHICLE PARK 1. Purpose The purpose of this district is to provide for the location of recreational vehicles and travel trailers. 2. Permitted Uses a. Sinqle family residences, includinq Class A Mobile Homes, subject to the requirements of Section 7.10.16. a~b. Recreational vehicles and travel trailers. b.g. Recreational vehicle parks are subject to the requirements of Section 7.10.16. .... 1. *~ ..... ~ deleted .... ~.. passages . ......... are Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~:~:~rline are addition from 12/23/91 draft. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Aa· 2/14/92 Conditional Uses a. None Accessory Uses Accessory uses are subject to the requirements of Section~ 7.10.16 and 8.00.00. HUTCHINSON ISLAND RESIDENTIAL DISTRICT Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto meets all requirements of the RVP District ~ .... "'~^'~ ~' ......... ~-~'~- "~ .... ~' ~ ..... ~ passages are deleted. Underlined passages are added· ~~ are deletion from 12/23/91 draft. Doubl~:*:*~:~:rline are addition from 12/23/91 draft. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 2/14/92 Struck tkrcu~h passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~::::::::~'~:~:rline are addition from 12/23/91 draft. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2/14/92 tko rccrca ~ion ~_ vekic lc or .............. __ 4'' .~! 4'' .... c! 4''-~" ~ A- ~"4.^-'~ 4.~' ..... ~ 4.~ surface of tho roof cr~c~c~ o;-cr tko criminal roof. 7.~0.~6 R~CREATIONAL VE~ICLE PARKS 0. PERMITTED SPECIFIC USES AND ADDITIONS t. Any Recreational Vehicle Park, occupying more than ten (10) acres, unless located on North or South Hutchinson Island Struck tkrou~h passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~:~:~rline are addition from 12/23/91 draft. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2/14/92 where there shall be no minimum acreaqe requirement other than that set out in Section 7.10.15(c), is permitted to have installed, erected, constructed or otherwise place on site ~ ......4- !, lnnn Recreational Vehicles, ..-.~ ....... , Travel Trailers, Detached Single Family Residences, Class A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and like accessory facilites shall ~-~ ..... ~..~..,~':"'4-~'"~.-,.- subject to the following requirements: ae 1.) The followinq minimum yard requirements shall be maintained: in all recreational vehicle parks existinq on or before August 1, 1990. (a) front yard - (b) side yard - ten (10) feet* eiqht (8) f~et unobstructed between units; and °~-u~'~.. 4-~..~.=..~ passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft Doubl~:*:*~:~rline are addition from 12/23/91 ~raft. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 (c) rear yard - five (5) feet. 2/14/92 * No%e: The front yard setback for special situation lots shall be five feet. Special situation lots include those lots in which the lonqest property dimension is found alonq the street frontaqe. For lots with double street frontaqe, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontaqe shall be consistent the lenqth of that block. Double frontaqe lots are not eliqible for special situation consideration or desiqnation. Any deviation or chanqe to the front yard desiqnation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. 2.) The followinq minimum yard requirements shall be maintained in all recreational vehicle parks created after Auqust 1, 1990, includinq the expansion of any existing recreational vehicle park. (a) front yard (b) side yard (c) rear yard - twenty (20) feet - ten (10) feet unobstructed between units; and - ten (10) feet. No portion of the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, or addition, including but not limited to wooden decks, tipouts or awnings, may encroach into any required setback. Steps or ramps for access purposes may be erected, but may not encroach into any required side setback. Steps or ramps may encroach into the front or rear setbacks, if necessary provided that the steps or ramps do not occupy more than ten percent (10%) of the required front or rear i~~ ar~ unless otherwise approved by the St. Lucie of Adjustment in accordance with Section 10.01.00. Steps or ramps which encroach into front or rear setbacks may not have a landing with dimensions in excess of four (4') feet by four (4') feet where such landing encroaches into .... '- ~ ..... ~ passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft Doubl~:~:::~:~:~rline are addition from 12/23/91 ~raft. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Co e® 2/14/92 the required front or rear setback. The elevation of a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wooden deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for 'the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel-powered equipment. The maximum heiqht of any onsite construction /installation of any Recreational Vehicles, Travel Trailer, Detached Sinqle Family Residence, Class A Mobile Home and addition thereto, shall not exceed ~~ ~~iii~i~iiiiiiiii~ii~ii~iiii~ii~i~i fifteen feet (15') ab'6~:':':':~~' .................................................................... !'"' Ail onsite construction must meet the applicable Flood Damaqe Prevention requlations, Sect-~ 6.05.00, and the Standard Buildinq Code, Section 13.00.00, requirements of this Code. Ail new or replacement Recreational Vehicles, Travel Trailers, Sinqle Family Residences, Class A Mobile Home and additions thereto are required to have a permit from the Community Development Administrator prior to any placement or construction activity commencinq. Plans for Sinqle Family Residences F ~..~s, and additions includinq wood decks, Struck tkrcugh passages are deleted. : Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~:~:~rline are addition from 12/23/91 draft· 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2/14/92 shall be submitted to the Community Development Administrator for approval.Where re uired under Section 13.00.02(c)(3), all plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Preapproved Master Plans may be utilized. .... .... "~ ..... ~ deleted ........... ~ ~.. passages are . Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~;~:~:~rline are addition from 12/23/91 draft. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 2/14/92 · j.q. Construction of an enclosure around a propane gas tank or other combustible is prohibited. An addition in existence on the effective date of this Code which does not meet the requirements established in this section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.00. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. Struck tkrcugh passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft· Doubl~*~*~:~:~:~rline are addition from 12/23/91 draft. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2/14/92 .... "~ ..... ~ passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft Doubl~::=~:~:~:~rline are addition from 12/23/91 ~raft. 11 ~':~' 0 '7 'z-, *, .... n ,:' 5 8 1 ' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 2/14/92 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. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable County's jurisdiction. throughout St. Lucie PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department .... "through passages are deleted. Underlined passages are added. ~~ are deletion from 12/23/91 draft. Doubl~:~:~:~:~:~=~rline are addition from 12/23/91 draft. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 State, The Capitol, Tallahassee, Florida 32304. 2/14/92 PART F. EFFECTIVE DATE. This ordinance shall take effect on April 15, 1992. 'PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix Vice-Chairman Jack Krieger Commissioner Judy Culpepper Commissioner Havert Fenn Commissioner R. Dale Trefelner AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie'County, Florida, on this 20th day of February, 1992. ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ./ ~:./' ,.. .. .~: ~'~ , . L~. .c c ssf ) 1.165666 92-002a(d) TLV/DJM floc Assump $_____,_.~__ St. Lude C Zot,t s~~ uu _ O~ZN~CE NO. 92-03 1160483 AN ORDINANCE AMENDING SECTION 1-3-1 (HOURS OF SALE REGULATED) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-3 (ALCOHOLIC BEVERAGES) TO EXCLUDE BOTTLE CLUBS IN EXISTENCE ON JANUARY 1, 1991, FROM THE RESTRICTIONS OF SELLING, CONSUMING, OR SERVING ALCOHOLIC BEVERAGES DURING THE HOURS CONTAINED IN SECTION 1-3-1~ PROVIDING FOR CONFLICTING PROVISIONS~ PROVIDING FOR SEVERABILITY~ PROVIDING FOR APPLICABILITY} PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE} PROVIDING FOR EFFECTIVE DATE~ PROVIDING FOR CODIFICATION~ AND PROVIDING FOR ADOPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The 1990 Legislature amended Sections 561.01 and 561.14, Florida Statutes, to define and expand provisions relative to license classifications to provide for bottle clubs, license fees and rules. 2. In order to exclude bottle clubs in existence on January 1, 1991, from the restrictions of selling, consuming, or serving alcoholic beverages during the hours contained in Section 1-3-1 of the St. Lucie County Code of Ordinances pursuant to the amendment of Sections 561.01(15) and 561.14(6), Florida Statutes, it is necessary to amend Section 1-3-1 (Hours of Sale Regulated) of Article I (In General) of Chapter 1-3 (Alcoholic Beverages) of the St. Lucie County Code of Ordinances. 3. This Board believes that amending Section 1-3-1 of Article I of Chapter 1-3 of the St. Lucie County Code of Ordinances is in the best interest of the health, safety, and public welfare Struck through passages are deleted. Underlined passages are added. --1-- 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. AMENDMENT OF SECTION 1-3-10FARTICLE I OF CHAPTER 1-3 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES. Section 1-3-1 (Hours of Sale Regulated) of Article I (In General) of Chapter 1-3 (Alcoholic Beverages) is hereby amended to read as follows: CHAPTER 1-3 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL Section 1-3-1. Hours of sale regulated. No alcoholic beverages may be sold, consumed or served or permitted to be served or consumed, in any place in the unincorporated areas of the county holding a license under the Florida Division of Beverages of the Department of Business Regulations, except for licensees operating bottle clubs as defined in Section 561.01(15), Florida Statutes, (1990 Supplement) in existence on January 1, 1991, during the following hours: (1)Between the hours of 2:00 a.m. and 7:00 a.m. of the same day on weekdays; (2) Between the hours of 2:00 a.m. and 1:00 p.m. on Sunday, except that wine, champagne and beer may be consumed or served on-premises after 11:00 a.m. on Sundays in conjunction with the service of food in establishments which are accessory to an eating place; and Between the hours of midnight and 7:00 a.m. on Underlined passages are (3) -.~"c.: tkrcugh passages are deleted. added. --2-- Monday, except when December 31 shall fall on Sunday, in which event the same closing hours shall apply as on weekdays. Any bottle club exempted from the provisions of this section shall be treated as a nonconforming use that is subject to the provisions of Section 10.00.02 of the St. Lucie County Land Development Code. The exemption of this section shall only apply to the specific licensee operating the bottle club on or before January 1, 1991. 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. SEV~RABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincor- porated area of St. Lucie County. e~-- '- ~. ..... ~..~ passages are deleted. added. --3-- Underlined passages are PART E. FILING WITH THE FLORIDA DEPARTMENT OF STATE. The Clerk be and hereby is 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 F. EFFECTIVE DATE. This ordinance shall take effect immediately upon adoption. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice-Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE PART H. 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 word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. ~ .... '- ~ ..... ~ passages are deleted. added. Underlined passages are PA~SED AND DULY ENACTED by the Board of County Commissioners of St. Lucie County, Florida, on this 21st day of January~ 'i992. ATTEST: DE~t~T~r CLERK : 1160483 DOUGLAo DIXON CLERk[ S1 LUC~ ~THUNTY, FL ...... u.. passages are deleted. added. -5- Underlined passages are D~c A~u~ $ St Lucie County Doc Tax J i Clerk CJrcuil CouU ORDINANCE NO. 92-04 (Formerly 91-07 ) 1.178523 AN ORDINANCE AMENDING CHAPTER 2-5, (BUILDING AND BUILDING REGULATIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS; REPEALING ANTICLE I, CHAPTER 2-5 (IN GENERAL) AND ARTICLE II, CHAPTER 2-5 (LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS); CREATING ARTICLE I, CHAPTER 2-5 (CONSTRUCTION CONTRACTOR LICENSING); CREATING SECTION 2-5-1 (INTENT); CREATING SECTION 2-5-2 (DEFINITIONS); CREATING SECTION 2-5-3 (EXEMPTIONS); CREATING SECTION 2-5-4 (EXAMINING BOARDS); CREATING SECTION 2-5-5 (CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-6 (DISPLAY OF STATE REGISTRATION NUMBER); CREATING SECTION 2-5-7 (FEES); CREATING SECTION 2-5-8 (EXAMINATION REQUIRED); CREATING SECTION 2-5-9 (PROCEDURE FOR OBTAINING CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-10 (INSURANCE REQUIREMENTS); CREATING SECTION 2-5-11 (ISSUANCE OF CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-12 (EXPIRATION OF CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-13 (INACTIVE CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-14 (CHANGE OF STATUS); CREATING SECTION 2-5-15 (EXAMINATION RECIPROCITY); CREATING SECTION 2-5-16 (DEATH OF CERTIFICATE OF COMPETENCY HOLDER); CREATING SECTION 2-5-17 (QUALIFYING AGENT RESPONSIBILITIES); CREATING SECTION 2-5-18 (RESTRICTIONS); CREATING SECTION 2-5-19 (PROHIBITED ACTIVITIES); CREATING SECTION 2-5-20 (REVOCATION OR SUSPENSION OF CERTIFICATE OF COMPETENCY); CREATING SECTION 2-5-21 (DISCIPLINARY PROCEEDINGS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. e~ .... ~' ~ ..... ~ passages are u=z~u~u~-~-~-~. added. -1- Underlined passages are OR 0788 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The State of Florida has determined that construction and home improvement industries may pose significant harm to the public when incompetent or dishonest contractors provide unsafe, unstable or short-lived products or services, and further, that it is necessary in the interest of the public health, safety and welfare to regulate the construction and home improvement industries. 2. The State of Florida regulates construction and home improvement industries by providing for certification or registration of competent, qualified contractors, pursuant to Chapter 489, Florida Statutes. St. Lucie County regulates these industries by providing for certification through certificates of competency issued to competent, qualified contractors, pursuant to Laws of Florida, Chapter 67-2000, codified as Chapter 2-5, St. Lucie County Code of Ordinances and Compiled Laws. 3. Section 489.105(10), Florida Statutes envisions county regulation of the construction and home improvement industries. 4. It is necessary and appropriate to amend Chapter 2-5 to incorporate changes in the construction industry which have occurred since 1967 and to update the administrative procedures for the licensing and regulation of contractors in St. Lucie County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Struck thrcugh passages are deleted. added. -2- Underlined passages are 0788 P, OE1095 PART A. AMENDMENT OF CHAPTER 2-5, ARTICLE II. LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS. Article II, Chapter 2-5, Licensing and Examination of Construction Contractors, of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida is hereby amended as follows: ..... , "bcardc of cx~.inurn" or "cxc~r. ln:ng ~A._~,, _~.~ ~ ........ oarpcntry, . con.racet-s" =hall mc ~* .... 1. ~k ..... ~ passages are deleted. added. --3-- Underlined passages are , 0788096 ...... ~" ^- thcrc%-ith %vi (.-,) ~.... 1. th gh p g d 1 d .....~ rcu assa es are e ete . added· --4-- Underlined passages are ~0788 P~[i[I 097 v i~ c- c..airman, L'-'-cic added. ~-..~,...~.~'. passages are deleted. -5- Underlined passages are ~°~0788 PAE! 098 UI. ~ .... ~' ~ ..... ~ passages are deleted added. -6- Underlined passages are ~0788 ~[! 099 [ ] ti lly ....... ~' ~ ~- ~-~ zkall autcma ca -cvc.:c - cuppcrtin~ dccumcntc. ~ .... " ~ ..... ~ passages are deleted. added. --7-- Underlined passages are 0788 ~ .... " tkrcu~h passages are deleted. added. -8- Underlined passages are ~0788 t~Ei !01 -e4-~-~k ~...~.u..~ passages are deleted. added. --9-- Underlined passages are ~,~°n0788 ~[1102 f rcsidcntial ""'; ~ ~; ~~ clcctrical .......... cr ~. a cant ~4- .... 1. 4-k ..... A passages are deleted added. -10- Underlined passages are ~0788 P~[1103 with Struck tkrcugh passages are deleted. Underlined passages are added. -11- ~°~0788 ~[I I OL~ . ~ ............. a ocr catc c ccm-c.cnc-- hc .... = ..... w~-uc,- ~ ..... ~ passages are deleted. added. -12- Underlined passages are ~"0788 ~E! 105 0vcr 3 monthsw~'-t~ _.,~A~ ...-crc Ovcr 9 month--- but not morc ., ..... ~A~ tv thc -~:: .... ~ ..... full ~"r ........ t) added. ~a~sage~ a~e de~e~ed. O~de~l~ed ~a~ages ~e -~S- ~o~0 7 8 8 PAOli I 0 6 e~ .... ~. ~ ..... ~ passages are deleted. added. -14- Underlined passages are ~0788 PAOli 107 Struck ~ ..... ~ ...... ~.. passages are deleted. added. -15- Underlined passages are OR ~0 7 8 8 PAI3E I I 0 8 appcal. ......... t ...... =.. passages are deleted· added· -16- Underlined passages are PAl]El I 0 9 .... L'- .............. O--OC.- ~ ........ cocupancy. ~ ~ ...... ~"~-"'-'-~" -- '"" ~ ~- ~ -- ..... "for thc United Lucic ~ .... e& .... 1. ~ ..... ~ passages are u~eceu=-~-~-=. added. -17- Underlined passages are OR ~KO 7 8 8 PAEI I I 0 PART B. AMENDMERT OF ARTICLE I, CHAPTER 2-5 (IR GENERAL) Article I, Chapter 2-5 (In General) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida is hereby amended to read as follows: ARTICLE I. IN GENERAL LICENSING AND EXAMINATION OF CONSTRUCTION CONTRACTORS Section 2-5-1. Intent. It is the intent of the Board of County Commissioners to protect the health, safety, and welfare of the residents of St. Lucie County throuqh the regulation of the construction and home improvement industries. Section 2-5-2. Definitions. (1) "Board," "boards of examiners" or "exam~ninq board" shall mean the appropriate one of the examining boards provided for herein. (2) "Business orqanization" shall mean a business entity enqaqinq in contractinq as an individual sole proprietorship, partnership, company, corporation, business trust or other leqal ............. =h passages are deleted. added. -18- Underlined passages are entity. (3) "Certificate" shall mean a certificate of competency issued by the St. Lucie County Contractor Examining Board, the St. Lucie County Electrical Contractor Exam~ninq Board, or the St. Lucie County Plumbinq Contractor Exam{ninq Board. (4) "Certified contractor" shall mean any contractor who possesses a certificate of competency issued by the Florida Department of Professional Requlation and who may contract in any jurisdiction in the State of Florida without beinq required to fulfill the competency requirements of that jurisdiction. (5) "Certification" shall mean the act of obtaininq or holdinq a St. Lucie County certificate of competency as provided in this ordinance. (6) "Commencement of construction" shall mean the date on which the contract is executed. If no written contract is executed, "commencement of construction" shall mean the date on which the contractor beqins work on the project. (7) "Contractinq" shall mean, except as exempted herein, engaqing in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in this ordinance or the cateqories of contractors established by resolution of the Board of the County Com_missioners. The attempted sale of contractinq services and the neqotiation or bid for ~ contract for these services shall also constitute contractinq. e~ .... ~ tkrcugh passages are deleted. added. -19- Underlined passages are .(8) "Contractor" shall mean the person who is qualified for and responsible for the entire protect contracted for and means, except as exempted in this article, the person who, for compensation, undertakes to, submits a bid to, or does h~mself or by others construct, erect, install, maintain, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Contractors shall be subdivided into Division I and Division II as established by resolution of the Board of County Commissioners. (9) "Employee" shall mean an individual who receives compensation from and is under the supervision and control of a licensed contractor who regularly deducts federal withholding tar and F.I.C.A. from the individual's wages. (10) "Licensee" shall mean a holder of a county certificate of competency issued as herein provided. {11) "Party" shall mean any individual, sole proprietorship, person, partnership, corporation, association or any other type of business organization. (12) "Qualifying aqent" shall mean a person who possesses th~ requisite skill, knowledge, and experience, and responsibility to supervise',' direct, manage, and control the contractinq activities of the business entity with which he is connected, and whos~ technical and personal qualifications have been determined by investigation and examination as provided for in this ordinance. Struck tkrcu~h passages are deleted. added. -20- Underlined passages are The qualifying agent shall also have the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit. (13) "Registered contractor" means any contractor who has reqistered his county certificate of competency, with the Florida Department of Professional Regulation, pursuant to fulfilling th~ competency requirements of the jurisdiction for which th~ reqistration is issued. Registered contractors may contract only in such ~urisdictions. (14) "Specialty contractor" means a contractor whose scope of work and responsibility is l~m~ted to a particular phase of construction as established by resolution of the Board of County Commissioners. Sec%ion 2-5-3. Exemptions. The provisions of this ordinance shall not apply to the following: (1) Owners of property when acting as their own contractor and providing all material supervision themselves, when building or improving farm outbuildings or one-f~m{ly or two-family residences on such property for the sole occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings at a cost of under $25,000, on such property for the sole occupancy or use of such owners and not offered for sale or lease. In an action brought under this ordinance, proof of the sale or lease, or offerinq for sale or lease, of more than one such Struck thrcugh passages are deleted. added. -21- Underlined passages are structure by the owner-builder within one (1) year after completion of the permitted activity as determined by the date of the final inspection by the County shall constitute prima facie evidence that the construction was undertaken for purposes of sale or lease. This subsection does not exempt any person who is employed by such owner and who acts in the capacity of a contractor or subcontractor. For the purposes of this subsection, the term "owners of property" includes the owner of a mobile home on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the owner-builder building permit application. Owners of property applying for an owner-builder building permit will be provided a disclosure statement by the Community Development Department. The disclosure statement shall read substantially as follows: State law requires construction to be done by licensed contractors and licensed subcontractors. You, the owner-builder, have applied for a permit under an exemption to that law. The exemption allows you, as the owner of the property, to act as your own contractor even thouqh you do not have a contractor's license. You, the owner-builder, must supervise the construction yourself. You may build or improve a one-family or two-family residence or a farm outbuilding. You may also build or improve a commercial building at a cost of $25,000 or less. The building must be for your own use and occupancy. It may not be built for sale or lease. If you, the owner-builder, sell or lease more than one (1) buildinq you have built yourself within one (1) year after completion of the permitted activity as determined by the date of the final inspection by the County, the law will presume that you built it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person as your contractor or subcontractor. Your construction must be done according to St. Lucie County Building Codes and Land Development Regulations. It is your responsibility to make sure that people Struck ~ ..... ~ ...... ~.. passages are deleted. Underlined passages are added. -22- OR 7 8 8 I OE! ! I 5 employed by you have licenses required by state and local law. (2) Any construction, alteration, improvement, or repair carried on within the limits of any site the title to which is in the United States or with respect to which federal or state law supercedes this ordinance. (3) Any work or operation of a casual, m~nor, or inconsequential nature in which the aggregate contract price for labor, materials, and all other items is less than one thousan8 and 00/100 dollars ($1,000.00), but this exemption does not apply: (a) If the construction, repair, remodeling, or .improvement is a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in cOntracts of amounts less then one thousand and 00/100 dollars ($1,000.00) for the purpose of evading this ordinance; or (b) To a person who advertises that he is a contractor or otherwise represents that he is qualified to enqage in contractinq. (4) The sale or installation of any finished products, materials, or articles or merchandise which are not fabricated into and do not become a permanent fixed part of the structure, except for spas or hot tubs and inqround swimminq pools with a capacity in excess of 200 gallons, and aboveqround swimminq pools with a Struck ~..~v~..~ passages are deleted. Underlined passages are added. -23- ,.,788 I ! 6 capacity in excess of 200 qallons that involve excavation, plumbinq, chemicals, or wiring of any appliance without a factory-installed electrical cord and pluq. (5) Any employee of a certificate holder who is acting within the scope of the license held by that certificate holder and with the knowledqe and permission of the certificate holder. If the employer is not a certificate holder in that type of contractinq, and the employee performs any of the followinq, the employee is not exempt, however, if he: (a) Holds himself or his employer out to be licensed or qualified by a licensee; (b) Leads the consumer to believe that the employee has an ownership or management interest in the business organization; or (c) Performs any acts which constitutes contracting. (6) Contractors in work constructinq and/or maintaininq bridqes, roads, streets, and sewaqe and water utilities incidental thereto if such contractors possess a current and valid certificate of qualification issued by the Florida Department of Transportation. (7) An authorized employee of the United States, the State of Florida, or any municipality, county, or other political subdivision if the employee does not hold h~m~elf out for hire or otherwise engage in contractinq except in accordance with such employment. Struck tkrcugh passages added. are deleted. -24- Underlined passages are 7 8 8 P, 6[ I I I 7 (8) An officer appointed by a court when he is acting within the scope of his office as defined by law or court order. When construction projects which were not underway at the time of appointment of the officer are undertaken, the officer shall employ or contract with a licensed contractor. (9) Any public utility, its employees and agents performing construction, maintenance, and development work on behalf of the public utility which work is incidental to their business. Thi~ exemption shall not apply to work performed beyond the utility'~ meter connection. (10) Any person performing construction or operation incidental to the construction or repair of irrigation and drainag~ ditches. (11) Regularly constituted irrigation districts or reclamation districts, their employees and/or agents performing construction, maintenance and development work which is incidental to the business of the district. (12) Any person clearing or performing other work on the land in rural districts for fire prevention purposes or otherwise except when performed by a licensee. (13) A registered architect or engineer acting within th~ scope of his practice or any person exempted by the laws regulating architects and engineers, including persons doing design work as specified in Section 481.229(1)(b), Florida Statutes, provided, however, than an architect or engineer shall not act as added. passages are deleted. -25- Underlined passages are a contractor unless properly licensed hereunder. (14) Any person who only furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of the contractor. (15) Any person who is licensed pursuant to Chapter 527, Florida Statutes, when such person is performing the work authorized by such license. (16) Operators of water conditioning services installing or maintaining water conditioning units for domestic, commercial, or industrial purposes. (17) An architect or landscape architect licensed pursuant to Chapter 481, Florida Statutes, or an engineer licensed pursuant to Chapter 471, Florida Statutes, who offers or renders design-build services which may require the services of a contractor ,as lonq as the contractor services to be performed under the terms of the design-build contract are offered and rendered by a licensed contractor. (18) Any certified contractor, as defined in this ordinance, when such person is performing work authorized pursuant to his state contractor certification. Section 2-5-4. Examining Boards. (1) The Board of County Commissioners Qf St. Lucie County shall establish a contractors examining board, an electrical contractors examininq board, a plumbing contractors examining board and such other examining boards as it deems necessary for th~ Struck through passages are deleted. added. -26- Underlined passages are 0788 I 19 proper administration of this ordinance. Each examining board shall consist of five (5) members who have been residents of St. Lucie County for at least two (2) years prior to the date of their appointment. Each County Commissioner shall appoint one (1) member to each examininq board. The appointments to the contractor's examininq board may include a licensed architect and a civil enqineer. Two (2) of the members of each examininq board shall be appointed for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years and one (1) for a term of one (1) year. Thereafter, the term of office of each member of each board shall be for four (4) years but the board of county commissioners may remove any member of any board at any time. Members appointed to fill vacancies caused by death, resiqnation, or removal shall serve the remainder of the unexpired term of their predecessors. The members of each board shall serve without compensation. (2) Each examininq board member, other than the architect and the enqineer appointed to the contractor's examining board, shall hold a current and active state certified general, buildinq or residential contractor's license, or a current and active state reqistered qeneral, buildinq or residential contractor's license. Each electrical contractor appointed to the electrical examininq board shall hold a current and active state certified electrical contractor's license or a current and active state registered ~ .... '- tkrcugh passages are deleted. added. -27- Underlined passages are ° 0788120 electrical contractor's license. Each plumbing contractor appointed to the plumbing examining board shall hold a current and active state plumbinq contractor's license or a current and active state registered plumbing contractor's license. All examining board members holding a state reqistered contractor's license shall also hold a current active St. Lucie County certificate of competency as appropriate to the examining board served. The architect and enqineer appointed to the contractor's examining board shall hold current and active licenses issued by the State of Florida Department of Professional Regulation for their respective professions. (3) Each board shall elect a chairman, vice-chairman, a secretary and such other officers as may be necessary from among its members. Election of officers shall be conducted annually in January. (4) Each board shall hold not less than four (4) regular meetings each year, one in July, one in October, one in January, and one in April. The meeting shall be called to order by the Chairman of each board and in his absence by the Vice-Chairman of the board. (5) Each board shall have the authority to make such by-laws, rules, and regulations governing its body, as it may deem necessary, provided, that the same do not conflict with other regulations, of St. Lucie County or the constitution and laws of the United States or the State of Florida. Three (3) members of a Struck tkrcugh passages are deleted. added. -28- Underlined passages are .o. 0 7 8 8 P GEI ! 2 i board shall constitute a quorum at any meeting and a majority vote of those present shall be required to make any decision. (6) Absence from two (2) consecutive meetings of an examininq board shall vacate the seat of that member, unless such absence is excused by the board or its chairman. Such excuse shall be duly entered upon the minutes of the board. If a majority of the board members disagree with the Chairman's decision on the matter, they may overrule it by affirmative vote. (7) The contractor's examining board shall review and approve or deny applications for county certificates of competency for categories of Division I and Division II contractors and specialty contractors as established by resolution of the Board of County Commissioners. (8) The electrical contractor's examining board shall review and approve or deny applications for electrical contractors, master electricians (non-contractor), and journeyman electricians, as established by resolution of the Board of County Commissioners. (9) The plumbing contractor's examining board shall review and approve or deny applications for plumbing ~contractors, master plumbers (non-contractor), and journeyman plumbers, as established by resolution of the Board of County Commissioners. Section 2-5-5. Certificate of competency - Required. Any person, other than a certified contractor as defined in this ordinance, desiring to engage in or work at the business or occupation of contractor, as defined in this ordinance, in the Struck ~ ..... ~ ...... ~.. passages added. are deleted. Underlined passages are -29- OR 0788 PAGEI 122 unincorporated areas of St. Lucie County shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this ordinance, and has registered in the proper classification with the State of Florida Department of Professional Regulation pursuant to the provisions of Chapter 489, Florida Statutes. Sec%ion 2-5-6. Display of S~a%e Reqis%ra%ion N~er. Any contractor regulated pursuant to this ordinance shall include its State of Florida reqistration number in any newspaper, airwave transmission, phone directory, other advertising medium that is primarily circulated, displayed, distributed or marketed within St. Lucie County and offers services of the contractor which are regulated by this ordinance. For the purpose of this ordinance, the term "advertise" shall apply to business cards, business stationary, business proposals, contracts, construction site signs, handbills, billboards, flyers, trade association publications, classified advertisements, and manufacturer's authorized dealer listings, and signs 5n vehicles, but shall not include balloons, pencils, pens, hats, articles of clothing or other promotional novelties, or free phone directory listings of one (1) to three (3) lines which display only the contractor's name and telephone number in whole or in part unbolded or unhighlighted print or without further textual or pictorial elaboration in the overall display. All contractors licensed under this ordinance shall prominently display the contractor's name or name of the -~-~..~ .... 7. ~..~..~ passages are deleted. added. -30- Underlined passages are ° 0788 PABEi 123 business organization for which he is qualifying aqent and thn contractor's state registration number to all contractor-owned motor vehicles used in transporting equipment and/or materials to a construction site, when the vehicle is on a construction or job site. The min{mum heiqht of each number or letter shall be two (2) inches. This information shall be affixed and plainly visible in two (2) locations on each such motor vehicle. Section 2-5-7. Fees. Ail fees required hereunder shall be established by resolution of the Board of County Commissioners. Section 2-5-8. Examination of applicant. (1) Ail applicants for a county certificate of competency shall be required to take and pass a competency examination or a general specialty examination when a technical examination is not available. The examination shall be approved by the appropriate examining board. An applicant shall obtain a passing grade of seventy-five percent (75%) or higher before his application will be presented to the examlninq board for review. .(2) The competency examinations and general specialty examinations shall be conducted annually a mlnlm,,m of four (4) times. (3) An applicant for a county certificate of competency tha~ has taken and passed an approved contractor competency examination 9r general specialty examination in another jurisdiction and obtained a grade of seventy-five percent (75%) or higher will b~ ...... ~.. passages are deleted. added. -31- Underlined passages are OR , 0788 exempt from this examination requirement, provided the applicant provides the examining board with an original letter of reciprocity from the licensing official in the jurisdiction where the examination was administered and the examination was for the type and class of contractinq for which application is being made. The letter of reciprocity shall be in accordance with the requirements set forth herein. Sec%ion 2-5-9. Procedure for obtaininq certificate of compe%ency. A contractor's certificate of competency shall be obtained in the following manner: (1) Any person or firm required or desiring to be qualified as a contractor shall submit an application on a form prescribed by the appropriate examininq board. The examining board shall retain the application and all supporting documents. (2) Only completed applications shall be Community Development Administrator for review. shall include the following information: (a) The name, address, and telephone number applicant; (b) (c) (d) ~ .... ~' thrcugh added. accepted by the The application of the The nature of the applicant's proposed contracting business; The type of certificate for which the applicant is applyinq; A list of all businesses owned and operated or passages are deleted. -32- Underlined passages are 7 8 8 PAnEl I 2 5 (e) managed by the applicant or in which the applicant has had an interest during the past five (5) years and the addresses of those businesses. Three (3) letters of recommendation from reputable business or professions persons, not related by blood or marriage to the applicant. At least one (1) of the letters of recommendation shall be from a contractor certified or registered by the State of Florida or the state in which the applicant most recently resided before becoming a resident of th~ State of Florida, and shall have the contractor's license number included in the letter. Thes~ letters of recommendation shall address the (f) applicant's knowledge, experience, and ability as a contractor. A sworn statement that the applicant has not been convicted of a misdemeanor involving moral turpitude, a felony during the past five (5) years, or a finding of violation by the Florida Department of Professional Regulation, the Florida Construction Industry Licensing Board, and/or the Florida Electrical Contractors' Licensing Board, and that he is not presently charged with committing a misdemeanor involvinq moral turpitude or a felony. If the applicant has been so Struck tkrcu~h passages are deleted. added. -33- Underlined passages are 0788 126 convicted or charged, he shall specify the details of the conviction(s) or charge(s). (q) Proof of having obtained a score of seventy-five percent (75%) or higher on the required contractor competency examination or the required general specialty examination. (h) Proof of compliance with the insurance requirements set forth in this ordinance. .(i) Proof of compliance with Florida Fictitious Name Statute, Section 865.09, Florida Statutes, if applicable. A non-United States citizen shall provide proof of authorization from the United States Department of Immiqration and Naturalization to work in the (k) ,(1) United States. A statement authorizinq the examining board to obtain from any source which deals with the applicant additional information concerninq the applicant's financial condition and credit status. (m) (3) In addition Proof of having paid the prescribed application fee. No document submitted with an application shall be older than six (6) months at the time of submittal. to the information described above, an .applicant for a certificate of competency shall submit the added. passages are deleted -34- Underlined passages are 0788 P, t]e'l 127 followinq additional information as appropriate: (a) Sole proprietor: 1. Sworn financial statement of applicant; and, 2. Personal credit report which shall include a public records check. (b) Individual(s) doing business under a fictitious name: 1. Fictitious name; 2. Names of officers and their interest in the business; 3. Statement siqned by an authorized representative of the business statinq that the qualifyinq agent is qualified to act for the business in all matters connected with the contractinq business and that such qualifyinq aqent has the authority and responsibility to supervise construction and employees on a construction site; 4. Sworn financial statement(s) of individual(s); and, 5. Credit report on the business which shall include a public records check. Corporation: 1. Copy of the certificate of incorporation; 2. Names, addresses and titles of officers and ............. ~h passages are deleted. added. -35- Underlined passages are ,.°"0 7 8 8 P, BE I I 2 8 directors; 3. Copy of corporate minutes of meetinq(s) at which officers and directors were elected; 4.Name(s) and address(es) of qualifyinq aqent(s); 5. Statement siqned by an authorized representative of the corporation statinq that the qualifyinq aqent is qualified to act for the corporation in all matters connected with the contractinq business and that such qualifyinq aqent has the authority and responsibility to supervise construction and employees on a construction site; .6.Corporate financial statement; 7. Corporate credit report which shall include a public records check. (4) All complete applications shall be presented to the appropriate examininq board for review. No application shall be presented to an examininq board until the Community Development Administrator determines that the application is complete and in order. (5) Any person who holds a current and active St. Lucie County certificate of competency on the effective date of this ordinance shall not be required to file an application for certificate of competency in accordance with the provisions of this ordinance. Struck tkrcugk passages are deleted. added. -36- Underlined passages are OR 7 8 8 I 2 9 Section 2-5-10. Insurance requirements. (1) Prior to the submittal of an application for certificate of competency to an exam~ninq board or renewal of an existing certificate, the applicant or certificate holder shall furnish to the Community Development A~m~nistrator proof of insurance in the amounts and coveraqe herein provided. In the alternative, an applicant for a certificate of competency nay submit to the Community Development Administrator a notice of intent to issue insurance in the amounts and coveraqe herein provided to the applicant upon approval of his application for a certificate of competency. The notice of intent to issue the insurance shall be from an insurance company authorized to do business in the State of Florida and shall be addressed to the Community Development. Administrator. In the event the application for a certificate of competency is approved by the appropriate e×amininq board, the Community Development Administrator shall not issue the certificate of competency until the applicant provides proof of insurance coverage as provided herein. (2) As proof of insurance, the applicant or certificate holder shall submit to the Community Development ~mlnistrator an oriqinal and complete certificate of insurance issued by an insurance company authorized to do business in the State of Florida. The certificate of insurance shall contain the date that the certificate was issued, the name of the insurance aqent, name and address of insurance company, name of the applicant or the name added. ~..~v~..~ passages are deleted. -37- Underlined passages are ,° 0788 P GEI 130 of the certificate holder as it appears on the state certified or state reqistered contractor's license, policy number (not binder number), effective date of policy, and the expiration date of th~ policy. The certificate of insurance shall name the Community Development Administrator as the certificate holder and shall specify the number of days notification to be given to the certificate of insurance holder should the policy or any part thereof be cancelled before the expiration date. (3) The applicant or certificate holder shall maintain workers' compensation in accordance with the requirements of Chapter 440, Florida Statutes,as may hereafter be amended, and employer's liability insurance. (4) The applicant or certificate holder shall maintain general liability and property damage insurance coveraqe in the amounts established by resolution of the Board of County Commissioners. (5) In the event of cancellation or expiration of all or part of the insurance required hereunder held by a certificate holder, his certificate of competency shall be automatically revoked. Said certificate of competency shall be reinstated upon the certificate holder furnishing proof to the appropriate examining board that he is in compliance with these insurance requirements, Section 2-5-11. Issuance of a certificate of competency. (1) An examininq board shall issue a certificate of competency upon making the following determinations: £truck thrcugh passages are deleted. added. -38- Underlined passages are added. (a) The applicant, or the qualifyinq aqent, as appropriate, has obtained a score of seventy-five percent (75%) or hiqher on the required examination and possesses the necessary experience, knowledge and ability required for the type of certificate for which the application is made; (b) The credit report and financial statement submitted with the application indicate that the applicant possesses a minimum net worth as set forth below: General contractor Buildinq contractor Residential contractor Sheet metal contractor Roofing contractor Class A A/C contractor Class B A/C contractor Mechanical contractor Commercial pool/spa contractor Residential pool/spa contractor $10,000.00 5,000.00 2,500.00 5,000.00 10,000.00 10,000.00 5,000.00 10,000.00 10,000.00 5,000.00 Swimminq pool/spa maintenance and repair contractor Electrical contractor Plumbinq contractor Underground utility 1,500.00 10,000.00 10,000.00 10,000.00 .(water & sewer) contractor passages are deleted. -39- Underlined passages are OR 7 8 8 I AI I I 1 3 2 Underground transmission 10,000.00 contractor Solar heater contractor 2,500.00 Ail other specialty contractors 2,500.00 (c) The applicant possesses a reputation of honesty, integrity and good character, and has not been convicted of a misdemeanor involving moral turpitude or a felony during the past five (5) years, or been found by the Florida Department of Professional Regulation, the FlOrida Construction Industry Licensing Board, or the Florida Electrical Contractors' Licensing Board to have violated state law or regulations pertaining to the construction industry or the business of contracting. The lack of honesty, integrity or good character may be established by evidence indicating that: (1) the applicant has committed an act during the last three (3) years which, if committed by a licensed contractor, would be grounds for the suspension or revocation of his certificate of competency; the applicant has committed an act during the last three (3) years involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has benefited or whereby some injury has been ~- .... ~' ~ ..... ~-~..~ passages are deleted. added. -40- Underlined passages are [[0 7 8 8 I 3 3 sustained by another; or (3) the applicant has refused during the last five (5) years to pay just bills of at least two (2) different persons or firms. (2) If the examining board determines from its review and investigation of the application that the applicant is qualified to engage in the business of contracting, as defined herein, the board shall cause a certificate of competency to be issued to the applicant; otherwise, the board shall deny the application. (4) The certificate of competency shall show on its face the type of contracting for which it has been issued and shall further indicate that it is subject to revocation or suspension as provided hereunder. Sec%ion 2-5-12. Expiration of cer%ifica%e of compe%enc¥. (1) Ail certificates of competency shall expire annually at midnight on September 30. (2) Failure to renew a certificate of competency during September shall cause the certificate to become inoperative effective at midnight on September 30. It shall be unlawful for any person to engage or hold himself out as engaging in contracting under an inoperative certificate of competency. .(3) A certificate of competency which is inoperative as the result of failure to renew shall be restored upon payment of the late renewal fee as prescribed by resolution of the Board of County Commissioners within twelve (12) months of the expiration date. ~ ....~7- ~..~u~.. passages are deleted. added. -41- Underlined passages are "n788 (4) If a certificate holder fails to renew his certificate of competency within twelve (12) months of its expiration date, the certificate holder shall be required to reapply for a certificate of competency in the same manner as for an initial certificate of competency. This section shall not be construed to require a certificate holder who fails to renew his certificate of competency within twelve (12) months of its expiration date to retake a required examination which he had previously taken and obtained a passing score in order to reapply for his certificate of competency. The Board of County Commissioners shall prescribe the application fee for such reapplication by resolution. Section 2-5-13. Certificate of Competency - Voluntaz7 Inactive Status. (1) Upon receipt of a written request and payment of the inactive status fee from the holder of a current and active certificate of competency, the Community Development Administrator shall place the certificate of competency on inactive status. The request for inactive status shall contain the date the certificate of competency is to be placed on inactive status and shall be signed and dated by the certificate holder. The holder of an inactive certificate of competency shall not be permitted to engage in the business of contracting while the certificate remains on inactive status. (2) A certificate holder seeking to activate an inactive certificate of competency shall submit the following to the Community Development Administrator for presentation to the ~.-~ .... ~' ~..~..~ passages are deleted. Underlined passages are added. -42- [[0788 ¢ E1135 appropriate examining board: (a) A completed application form; (b) Proof of payment of the application fee prescribed by resolution of the Board of County Commissioners; (c) An original credit report not less than six (6) months old at the time of submittal; (d) An original financial statement not less than six (6) months old at the time of submittal; An original and valid certificate of insurance in the amounts and coverages as required under Section 2-5-10; and, (f) If an examination was required when the original certificate of competency was issued, proof of having taken and passed, with a grade of 75% or higher, an examination approved by the appropriate examining board. (q) The holder of a reactivated certificate of competency shall not engage in the business of contracting until a copy of the certificat~ holder's state registered license has been provided to the Community Development Administrator. Applications for reactivation of an inactive certificate of competency will be processed and reviewed in the same manner as an original application for a certificate of competency. (4) All holders of inactive certificates of competency shall Struck tkrcugh passages added. are deleted. -43- Underlined passages are pay the annual renewal fee for inactive certificates durinq th~ month of September. (5) The provisions of this section shall not apply to any employee of the United States, State of Florida, of any county, municipality, or other political subdivisions, where the employee is required to refrain from the business of contractinq as a condition of his employment. Any person seekinq to obtain a voluntary inactive status under the provision of this subsection shall submit written notice to the Community Development Administrator alonq with verification of employment and th~ employer's requlation restrictinq the ability of the employee to continue enqaging in the business of contractinq during the term of his employment. Within thirty (30) days of the date of termination of his employment, the employee shall notify the Community Development Administrator of the termination and (a) request thn employee's certificate of competency be reinstated to active status pursuant to the requirements of subsection 2-5-17(4), or (b) tha~ the employee wishes to have his certificate placed on standard inactive status pursuant to this section. Any employee of tho United States, State of Florida, any county, municipality, or political subdivision who is required to refrain from the business of contractinq as a condition of his employment shall be exempt from any fees associated with obtaininq voluntary inactive status for his certificate of competency pursuant to this subsection. Sec%ion 2-5-14. Chanqe of status. ...... ~.. passages are deleted. added. -44- Underlined passages are ° 0788 137 (1) In the event that there is a change in the status of a business organization or an individual from that contained in an original application for a certificate of competency which has been approved by an examining board, the certificate holder shall bm required to submit a new application which reflects the chanqe in status. The certificate holder will not be required to take th~ approved examination as part of the change of status application process if there is no change in qualifying agent. (2) An application for a change in status shall be submitted to the Community Development Administrator within forty-five (45) days of the date on which the change of status occurs. (3) All applications for change of status shall be processed and reviewed in the same manner as an initial application for a certificate of competency. (4) A change of status of a business orqanization and/or a change of status of the a contractor shall cause the previously issued certificate of competency to be invalid and the certificate holder shall not engage in the business of contracting under the previous certificate. Sec%ion 2-5-15. Reciproci%y. .(1) The Community Development Administrator shall issue letters of reciprocity to contractor licensing officials in other .jurisdictions for those parties who have been issued a St. Lucie County certificate of competency. A letter of reciprocity shall state the name and address of the certificate holder, the type and Struck ~ ..... ~ ...... ~,, passages are deleted. added. -45- Underlined passages are OR 7 8 8 PAl]E! I 3 8 class of certificate issued, the title, date, location, and grade for the examination taken,and the current status of the certificate. (2) The fee for the preparation and issuance of a letter 'of reciprocity shall be as prescribed by resolution of Board of County Commissioners. (3) The County shall accept oriqinal letters of reciprocity from other jurisdictions only for those applicants who have obtained a qrade of seventy-five percent (75%) or higher on a competency examination which has been approved by the appropriate County examininq board. Such letters of reciprocity shall be on letterhead of the other jurisdiction's contractor licensing official and shall be signed by the official or his desiqnee. The letter of reciprocity shall contain the applicant's name and address, the date and place the applicant took the competency examination, the name of the examination, the grade obtained on the examination, and the current status of the applicant's license. A letter of reciprocity shall be no older than six (6) months when it is submitted to the Community Development A~m{nistrator. Section 2-5-16. Dea%h of a cer%ifica%e of compe%enc¥ holder· (1) If work remains to be completed under a contract at the time of the death of a certificate holder, the work may be completed by any person in accordance with this section. The person seekinq to complete the work under the contract shall provide written notice to the Community Development Administrator added. passages are deleted -46- Underlined passages are OR 0788 G£1139 within thirty (30) days after the death of the certificate holder. Such notice shall include the name and address of the person seekinq to complete the contract, his knowledge of the contract, and his ability to complete the work remaining under the contract. (2) If the deceased certificate holder was the only qualifying agent for the business organization, the business organization shall have sixty (60) days from the date of the certificate holder's death to employ another qualifying agent. During this period, the business organization shall not commence any new construction until a qualifying agent is employed. The business organization shall notify the Community Development Administrator of the name and hire date of the new qualifying agent within five (5) days of the hire date. The new qualifying agent shall obtain a certificate of competency as the qualifying agent for the business as provided for in this ordinance. Section 2-5-17. Qualifying agent. (1) Ail applications for a certificate of competency, other than those submitted by an individual, shall be submitted through a qualifying agent. The application must indicate that the qualifying agent is authorized to act for the applicant in ali matters connected with contracting and that he is authorized and responsible to supervise any construction undertaken by the applicant, including the supervision of ~mployees on construction and/or job sites. The qualifying agent must be duly licensed in order for the business orqanization with which he is affiliated to e~ .... ~' ~ ..... ~ passages are u~eueu=-~-=-~. added. -47- Underlined passages are o rn 7 8 8 PAGE! ! 0 be licensed. A qualifying agent shall serve as qualifier for no more than two (2) businesses. (2) A qualifyinq agent who has been designated as the sole qualifying agent for a business organization may terminate his status as qualifying agent for that entity by giving written noti¢~ to the business and the Community Development Administrator. Such notice shall indicate whether the qualifying aqent intends to reapply as an individual or as the qualifyinq agent for another entity. If the qualifying agent is a state registered contractor, the County will not issue any building permits to the qualifying agent until he provides the Community Development Administrator with a copy of his new state registration. (3) In the event a qualifying agent ceases to be affiliated with a business entity which he has qualified, the business entity shall notify the Community Development Administrator within thirty (30) days of the date of the termination and shall have sixty (60) days from the date of the termination to hire another qualifying aqent if it does not already employ another qualifying agent. At any time during which the business entity does not have a qualifying agent in its employ, it shall (a) engage in no new contracting work, and (b) provide only warranty service as required under any existinq warranty obligations. Section 2-5-18. Restrictions on certificates of competency. (1) A certificate of competency is not transferable. (2) A certificate of competency holder may only engage in the Struck thrcugh passages added. are deleted. -48- Underlined passages are type of work covered by the certificate of competency issued. (3) A certificate of competency holder shall comply with all applicable state and local laws requlatinq the construction industry and the licensinq of construction industry contractors and specialty contractors. Section 2-5-19. Prohibited activities. No person shall commit any of the followinq activities: (2) (3) another; Falsely hold himself out as a licensed contractor; Falsely impersonate a licensed contractor; Present as his own the certificate of competency of (4) Submit false information or other evidence to the Community Development Administrator and/or an e×am{ninq board for the purpose of obtaining a certificate of competency; (5) Use or attempt to use a certificate of competency which has been revoked, suspended or placed on voluntary inactive status; (6) Engage in the business or act in the capacity of a contractor or advertise h~mself as available to engage in th~ business or act in the capacity of a contractor without being duly licensed by the appropriate examininq board; (7) Operate a business orqanization engaged in contracting without a qualifying agent, except as otherwise herein provided; 18) Fraudulently depart from, or disregard, plans or specifications in material respect, without consent of the owner or his duly authorized representative; ~ .... -~' ~ ..... ~ passages are deleted. added. -49- Underlined passages are 0788 (9) Commit any willful, fraudulent act as a contractor as a result of which another is financially injured; (10) Failure to have the certificate holder's state registered contractor's license number appear in any newspaper, airwave transmission, telephone directory or other advertising medium that .is primarily circulated, displayed, distributed or marketed within St. Lucie County and offers services of the contractor which are regulated by this ordinance. (11) Failure to prominently display the certificate holder's name or the name of the business and its state registered contractor's license to all motor vehicles owned by the certificate holder and used in the business of contracting, transporting employees, equipment and/or materials to a construction site when the vehicle is on a construction or job site. (12) Commence or perform work for which a County building permit is required without obtaining the appropriate permit. (13) Willfully or deliberately disregard or violate any County ordinance relating to unlicensed contractors. (14) Operate a business organization engaged in contracting after sixty (60) days following the termination of its only qualifying agent without replacing the qualifying agent. Section 2-5-20. Revocation or suspension of certificates of competency. An examining board shall have the power to revoke, suspend, or deny the issuance or renewal of a certificate of competency, if it determines that the contractor or the business for which the Struck added. passages are deleted. -50- Underlined passages are 0788 1 ,3 certificate holder is a qualifying agent has committed any of th~ following acts: (1) Obtains a county certificate of competency by fraud, deceit, or misrepresentation. (2) Is convicted of or pleads guilty to any criminal offense which relates to the practice of contracting or the ability to practice contracting. (3) Willfully disregards and violates an applicable state or local building code, regulation or law. (4) Performs any act which assists a person or business in engaging in the unlicensed business of contracting, as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed. (5) Conspires with an unlicensed person by allowing a certificate of competency to be used by the unlicensed person to evade the provisions of this ordinance. When a certificate holder allows his certificate to be used by one or more business organizations without having any active participation in the operation, management or control of such business organization, such act shall constitute prima facie evidence of an intent to evade the provisions of this ordinance. (6) Acts in the name of a certificate holder or in the ~apacity of a contractor other than in accordance with the business status and/ or contractor status contained in the application for county certificate of competency and approved by the examining ...... ~.. passages are deleted. added. -51- Underlined passages are [0788 144 board.. (7) Fails in any material respect to comply with the provisions of this ordinance. (8) Abandons a construction project in which the contractor is engaged or under contract as a contractor. A project shall be considered abandoned ninety (90) days after the contractor terminates the pro~ect without just cause or without proper notification to the owner, includinq the reason for termination, or fails to perform work under consecutive days. (9) Signs a statement with the contract for ninety (90) respect to a project or contract which falsely indicates that the work is bonded, falsely indicates that payment has been made for all subcontracted work, labor, and/or materials which results in a financial loss to the owner, purchaser or another contractor, or falsely indicates that worker' compensation and/or public liability insurance are maintained. (10) Committinq fraud or deceit or other m~sconduct in the practice of contractinq. (11) Proceeds on any construction job without first obtaining and posting the required county buildinq permits and scheduling required inspections. .(12) Exceeds the scope of work which the contractor has been licensed to perform. (13) Fails to have his state reqistered contractor's licens~ number appear in any newspaper, airwave transmission, phonn ~ .... " tkrcugh added. passages are deleted. -52- Underlined passages are 0788 1 .5 directory, or other advertising medium that is primarily circulated, displayed, distributed or marketed within St. Lucie County and which offers services of the contractor which are regulated by Chapter 489, Florida Statutes, or this ordinance. (14) Fails to prominently display the contractor's name or name of the business organization for which he is qualifying agent and the contractor's state registered license number to ali business-owned motor vehicles used in the business of contracting and/or transporting employees, equipment and material to a construction site when the vehicle is on a construction or job site as required pursuant to Section 2-5-6 of this ordinance. (15) Aids or abets any unlicensed person or business organization to evade any provision of this ordinance. (16) Uses or attempts to use a county certificate of competency which has been revoked, suspended or placed on inactive status. (17) Fails to include his certificate of competency number on an application for a county building permit. (18) Intimidates, threatens, coerces, or otherwise discourages the services of a Notice to Owner or a Notice to Contractor required under Chapter 713, Florida Statutes. Section 2-5-21. Disciplinary proceedinqs. I1) Any person may file a complaint against the holder of a certificate of competency with the Community Development Administrator. Such complaint shall be in writinq and siqned by ............ ~h passages are deleted. added. -53- Underlined passages are ,° 0788 146 the complainant. Within fifteen (15) days of the receipt of a complaint, the Community Development Administrator shall send by certified mail, return receipt requested, a copy of the complaint to the certificate holder and shall serve notice upon ali interested persons of the date fixed for a disciplinary hearinq before the appropriate exam~ninq board. The certificate holder shall have the riqht to appear personally at the hearinq and to present witnesses and/or evidence in his defense. (2) At the conclusion of the hearinq, the board shall issue findinqs of fact and conclusions of law, based on evidence of record, as to whether the certificate holder has violated th~ provisions of this ordinance. If the board determines that the certificate holder has violated this ordinance, the board may suspend or revoke the contractor's certificate of competency. Any suspension of a certificate of competency shall be for a specified period of time not to exceed one (1) year. (3) The examininq board may reissue a certificate of competency to any contractor whose certificate has been revoked upon the affirmative vote of three (3) or more members of th~ examininq board. If an ex~mininq board does not reissue a revoked or suspended certificate of competency, the certificate holder shall be prohibited from submitting an application for certificate of competency for one (1) year from the effective date of the revocation. .(4) An applicant or a permit holder may appeal any decision ...... ~- passages are deleted. added. -54- Underlined passages are made by an examining board to the Board of County Commissioners by filing a petition of appeal with the County A~ministrator within thirty (30) calendar days of the date of the rendition of the decision. The Board of County Commissioners shall review the petition at a public meeting within thirty (30) calendar days from the date of filing the appeal. The petitioner shall be provided reasonable notice of the t{me, date, and place of the public meeting by certified mail, return receipt requested, and invited to attend. Testimony at the public meeting shall be limited to ten (10) minutes per side, unless an extension of time is granted by the Board. The Board's decision shall be final for the purposes of administrative appeals. The Board of County Commissioners review of the petition shall be limited to the record and facts which were available to the ex~m]ninq board at the t~me of the rendition of the decision appealed. The Board of County Commissioners shall revoke the decision of the examining board only if there is competent, substantial evidence in the record that the decision fails to comply with this ordinance. PART C. 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 D. SEVERABILITY. Struck +~ ..... ~ ...... ~.. passages are deleted. added. -55- Underlined passages are OR 7 8 8 I ABE i I 8 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. PART E. APPLICABILITY. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PART F. 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 G. EFFECTIVE'DATE. This ordinance shall take effect upon May 1, 1992. Ail holders of county certificates of competency shall have 90 days from the date this amendment is signed into law, to be in compliance. Failure to comply is a violation of this ordinance. PART H. ADOPTION After motion and second, the vote on this ordinance was as follows: PART I. Chairman Jim Minix Aye Vice-Chairman Jack Krieger Nay Commissioner R. Dale Trefelner Nay Commissioner Judy Culpepper Aye Commissioner Havert L. Fenn Aye CODIFICATION. ~ .... " ~ ..... h passages are deleted. added. -56- Underlined passages are 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 t~ accomplish such intention; provided, however, that Parts C through I shall not be codified. PASSED AND DULY ADOPTED this 7th day of April, 1992. ATTEST: APPROVED AS TO FORM AND CORRECTNESS: 1178523 '92 I~Y-4 A8:43 FILF~i /.", DOU~LA:~i'~ : ? :: ERi' added. passages are deleted. -57- Underlined passages are ~°iO 7 8 8 ,m'l ! 5 0 11B1543 ORDINANCE NO. 92-05 (Formerly No. 91-29) ' '~# S (0/,'~' $'"'D__ DOUCLAS DIXON D~c A~ $ St. Lucie Counfy DOc Tax $'~~ -- Clerk~i~k Cou~ AN ORDINANCE AMENDING SECTION 1-17-33.1 (CREDITS) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) BY PROVIDING FOR AN ALTERNATIVE WAY OF DETERMINING IMPACT FEE CREDIT FOR RIGHT-OF-WAY DEDICATION WHEREIN THE CREDIT WOULD BE BASED ON AN INDEPENDENT APPRAISAL AND A REVIEW APPRAISAL; FURTHER PROVIDING A METBOD OF DETERMINING THE VALUE OF NON-SITE RELATED RIGHT-OF-WAY DONATED FOR PLANNED NON-EXISTING ROADS IDENTIFIED IN THE COUNTY'S THOROUGHFARE PLAN IN ADVANCE OF ANY APPLICATION FOR DEVELOPMENT ORDER APPROVAL; AND FURTHER AMENDING SECTION 1-17-34 (DEFINITIONS) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) BY ADDING SUBSECTIONS (j) AND (k) TO DEFINE AN INDEPENDENT APPRAISAL AND A REVIEW APPRAISAL; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTY; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 12, 1985, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 85-10 imposing a road impact fee in St. Lucie County. 2. On July 5., 1988, the Board of County Commissioners of St. Lucie~CoUnty, FlOrida,- adopted Ordinance No. 88-34 to amend and clarify Certain sections of the Road Impact Fee Ordinance concerning credits against road impact fees. 3. This Board has determined that it is necessary and in the best interest of the health, safety and welfare of the citizens of ~ .... ~ ~ ..... ~ passages are deleted. Underlined passages are added. --1-- 775 927 BOOK St. Lucie County, Florida, to amend Section 1-17-33.1 of the Code of Ordinances of St. Lucie County, Florida, to provide for an alternative way of determining right-of-way dedication credit and by adding the definition of an independent appraisal. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-17-33.1 (CREDITS) OF ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17 (ROADS AND BRIDGES) Section 1-17-33.1 of Article III of Chapter 1-17 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-17-33.1 (a) Scope. Credits. Any person who shall commence any traffic impact- generating land development activity may apply for a credit against the roads impact fee for any contribution, construction, or dedication of land accepted and received by St. Lucie County, the appropriate local municipality, state or federal agency for transportation facilities that are creditable pursuant to this section. An application may be made for credit for any contribution, construction or dedication made in St. Lucie County as required by a development order issued by St. Lucie County, the City of Fort Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development regulations of section 380.06, Florida Statutes, or any additional development condition imposed by the Florida Land and Water Adjudicatory Commission on a development of regional impact to the extent the contribution, ~ .... ~ ~ ..... ~ passages are deleted. Underlined passages are added. --2-- payment, construction or dedication meets the same needs as the roads impact fee. (b) General standards. Prior to the issuance of any credits against the roads impact fee, the person who made the contribution, construction or dedication of transportation facilities shall enter into an impact fee credit agreement with the board of county commissioners providing for the credit of contributions, payments, construction or dedications for transportation facilities made in St. Lucie County against the impact fee. The following provisions are the general rules for the award of credit, supplemented as provided in this section and implemented by the administrative procedures: (1) Credit for contributions, construction or dedications of the roads impact fee shall not be transferable as a credit against other impact fees imposed for purposes other than roads. (2) If allowed by the credit agreement, credits may be assigned to successors in interest provided the county receives a recorded copy of the written agreement signed by both the assignor and the assignee. (3) No credit shall exceed the amount due for the roads impact fee. (4) No credit shall be given for dedications and transportation improvements dedicated or constructed before February 1, 1985. Any claim for credit for those improvements constructed after February 1, 1985, but prior to September 1, 1987, must be made no later than March 1, 1988, or those claims shall be deemed waived. (c) Specific standards. Credits against road impact fees otherwise payable shall be allowed only under the following conditions: ~ .... '- ~ ..... ~ passages are deleted. added. --3-- Underlined passages are 775 929 BOOK PACE County need. The contribution, payment, construction or dedication shall meet a transportation capital need identified in the county's thoroughfare plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. No credit shall be given for capital improvements that do not meet a transportation capital need identified in county's thoroughfare plan or in the St. Lucie County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks. (2) Site-related transportation improvements. No credit shall be given for any site-related transportation improvements or site-related right-of-way dedications. (3) Safety-related transportation improvements. Safety- related improvements which do not increase road capacity shall receive no credit. (4) Operational improvements. Nonsite-related operational improvements shall receive credit to the extent that they provide increased capacity. (5) Capacity improvements. Nonsite-related enlargements shall receive credit. capacity (6) Right-of-way dedication. Credit for the dedication of nonsite-related right-of-way shall be valued at one hundred twenty (120) per cent of the most recent assessed value by the county property appraiser plus the reasonable cost, as determined by the county administrator, of any survey or title information provided by the feepayer to the County at the request of the County. Credit for the dedication of right-of-way shall be provided when the property has been conveyed at no charge to, and accepted by, the county in a manner satisfactory to the board of county commissioners. If the feepayer shall opt not to have the right-of-way dedication credit determined as set out above, then the amount of credit shall be determined by the Board of County Commissioners based on an independent appraisal, defined in Section 1-17-34(j) of this article, prepared by an individual both a Member of the Appraisal Institute (MAI) and a State certified general appraiser acceptable to the Board of County Commissioners, that is paid for by the feepayer. At the option of the Board, the Board may request a review appraisal, as defined in Section 1-17- 34(k) of this article provided that in the event the value established by the independent appraisal exceeds one hundred twenty (120%) percent of the assessed value e~ .... ~' ~ ..... ~ passages added. are deleted. --4-- Underlined passages are 775 930 BO0~ by more than twenty-five (15%) percent, the Board shall request a review appraisal. In the event the Board determines to request a review appraisal and the determination of the value is the same or qreater than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal and shall receive an additional credit for the (7) (8) cost of the review appraisal. If the determination of the value by the review appraiser is less than the value determined by the independent appraiser, then the feepayer shall pay for the cost of the review appraisal. Any independent or review appraisal submitted pursuant to this subsection shall be subject to review of methodoloqy and technical accuracy at the discretion of the county administrator. In the event a property owner determines to donate, and the County determines to accept, nonsite related riqht- of-way for planned non-existing roads identified in the County's thoroughfare plan to the County in advance of any application for Development Order approval, the board of county commissioners shall value the credit for the dedicated riqht-of-way at the time of donation as set out above plus interest at the rate of one (1%) percent per year simple interest over the rate established by Discount Rate (New York Federal Reserve Bank charqe to member banks) from the time of donation to the date the owner, or his successors, receives development order approval for all or any part of the parent parcel, or when the road is constructed and accepted by the County, whichever is earlier- Application procedure. Applicants for credit for construction of nonsite-related road improvements shall submit documentation of the actual engineering and construction costs to the county administrator or his designee. The county administrator or his designee shall determine credit for roadway construction based upon these costs or upon alternative engineering and construction cost estimates if the county administrator or his designee determines that such costs submitted are excessive or incomplete. Time of claim; waiver. Except as provided in Section 1- 17-33A(b)(4), any claim for credit must be made no later than the time of application for a building permit or for an electrical permit for a mobile home. Any claim no so made shall be deemed waived. k ~ ..... ~ passages added. are deleted. --5-- Underlined passages are 775 BOOK PART AMENDMENT OF SECTION 1-17-34. (ROAD IMPACT FEE) OF BRIDGES). (DEFINITIONS) OF ARTICLE CHAPTER 1-17 (ROADS AND Section 1-17-34 of Article III of Chapter 1-17 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-17-34. Definitions. (a) (b) A "feepayer" is a person commencing traffic generating land development activity covered by this article. 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 Section 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 Section 344.03(7), Florida Statutes. (g) "Site-related improvements" are capital improvements to roads and right-of-way dedications necessary to provide safe and adequate access to the development in question and which are made necessary by the traffic to be generated by or attracted to 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. ~.._----'- thr=ugh passages added. are deleted. --6-- Underlined passages are 775 BOOK 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; 0 Trip generation and origin-destination projections for the proposed project; Ce Impacts of the proposed project on affected major thoroughfares including anticipated changes in the level of service; de Impacts of previously approved projects affecting the same major thoroughfares as the proposed project; e. Radius of development influence; 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; ge Effects of roadway alterations to be made as part of the proposed project, including intersection improvements, turn lanes, signalization, median and other improvements; Impacts of increased through traffic movement and traffic from potential developments permitted and contemplated under the growth management policy plan of St. Lucie County. (3) The ITS shall address each of the policies of the transportation element of the growth management policy plan of St. Lucie County. Struck through passages are deleted. added. --7-- Underlined passages are 775 933 ~00~ (4) 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: 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 Average Daily Trips 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 ................. 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. Ce In lieu of being based on the table in paragraph b, the ITS may be based on an analysis of peak-hour intersection capacities 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 detailed intersection capacity analysis is provided, the 1965 Highway Capacity Manual (including the Northwestern Monographs) or Transportation Research Circular No. 212, "Interim Material on Highway e~. .... ,. ~u..._v_~..k passages are deleted. added. --8-- Underlined passages are Capacity," Transportation Research Board, January 1980, shall be referenced and used as documenta- tion. When or if subsequent editions become available, such subsequent editions shall be referenced. de 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 one thousand two hundred (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 (5) road miles from the perimeter of the development. The project's radius of development influence shall be measured as road miles from the proposed project, not as a geometric radius. Background traffic shall be taken into account as follows: 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. Phasing of previously approved projects may be considered in the analysis of background traffic. ge Future traffic shall be taken into account as follows: 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 twenty- 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 zoning ordinance should be utilized to estimate the ...............~ passages are deleted· added· --9-- Underlined passages are 775 935 traffic impact from potential developments affecting the radius of development impact. 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. The ITS shall identify all roadway improvements necessitated by projected traffic and the per cent impact of the traffic of the projected increased traffic demand by link for each required improvement not included under paragraph h. The ITS shall also identify the costs of all link improvements required by projected traffic in the ITS. 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 1-17-29(b). The ITS shall be prepared and sealed registered Florida professional engineer. by a me Studies and analyses required by this section shall be subject to review of methodology and technical accuracy by the county administrator. An "independent appraisal" is an appraisal report containing the following: (1) Purpose of Appraisal. The purpose of the appraisal which includes a statement of value to be estimated and the (2) ~- .... -." through passages are deleted· added. -10- rights or interests being appraised. Description of Property. Description of the parent property to be appraised will include: a. Names of apparent owner of each interest being evaluated. b. Location of property. c. Total area of property in acres or square feet. Underlined passages are (3) Area of each interest in property beinq acquired in acres or square feet. e. A minimum of five (5) years delineation of title. f. Present use and zoning. g. Utilities. Type and condition of improvements and special features that may add to or detract from the value of the property. Highest and Best Use. The highest and best use of the property on which the appraisal is based before the acquisition of rights and interests to be acquired and the highest and best use of the remainder after the acquisition when a partial taking is involved. In either instance, if the existing use is not the premise on which the valuation is based, the appraisal will contain an explanation justifying the determination that the property is available and adaptable for a different highest and best use and there is demand for that use in (4) the market. Before and After Valuation. The "before and after" method of valuation as interpreted by Florida law will be used in partial donations or special benefits to the residue land or improvements. (5) Approaches to Value. The appraisal should include all applicable approaches to value. If an approach is not considered applicable, the appraiser must state why. All pertinent calculations used in developing the approaches will be shown. In the market approach, the appraisal report will contain a direct comparison of pertinent comparable sales to the property being appraised. The appraiser must include a statement setting forth his analysis and reasoninq for each item of adjustment to comparable sales. Where the income (capitalization) approach is used, there must be documentation to support the income, expenses, interest rate, capitalization rate, discount rate, or any other factors used in the analysis. Where it is determined that the market rental income is different from the existing or contract income, the increase or decrease must be ...... =.. passages are added. deleted. -11- Underlined passages are 775 937· (6) (7) (8) (9) explained and supported by market information. Ce Where the cost approach is utilized, the appraisal report must contain the specific source of cost data, remaining economic life, and an explanation of each type of accrued depreciation. Description (legal). Appraisal of the After Value. The appraisal of the after value must be supported to the same extent as the appraisal of the before value. This support should include one or more of the followinq: a. Sales comparable to the remainder properties. b® Sales of comparable properties from which there have been similar donations, or acquisitions for like usages. Development of the income approach on properties which show economic loss or gain as a result of similar acquisition or takings for like usages. Public sales of comparable lands by the state or other public agencies. e. In the event the data described in a through d above are not available, the appraisal will so state and give the appraiser's reasoninq for his value estimate. Difference Between Before and After. The difference between the before and after appraisal will represent the value of the property to be acquired including the damages to the remainder property. The appraiser will separately analyze and tabulate the difference showinq a reasonable allocation to lane improvements, and damages. More Than One Approach Used. Where two or more of the approaches of value are used, the appraisal will show the correlation of the separate indications of value derived by each approach along with a reasonable explanation for the final conclusion of value. This correlation will be included for both before and after appraisals. o& i ~ ~ deleted .......... passages ....... are added. -12- Underlined passages are 775 938 l~OOl( (10) Photoqraphs. Ail appraisals should include identified photoqraphs of the subject property includinq all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged. (11) Sketch or Plat. Appraisal reports for whole takings will contain a sketch or plat of the property showing boundary dimensions, location of improvements and other significant features of the property. For partial takings, the sketch or plat will also show the area to be acquired, relation of the improvements to the taking area and area of each remainder. (12) Comparable Sales. Each appraisal report will contain or make reference to the comparable sales which were used in arriving at the fair market value. a® The appraiser must state the date of sale, names of parties to the transaction, consideration paid, financinq, conditions of sale and with whom these were verified, the location, total area, type of improvements, appraiser's estimate of highest and best use at the date of sale, zoning and any other data pertinent to the analysis and evaluation thereof. bo If the appraiser is unable to verify the financinq and conditions of sale from the usual sources such as buyer, seller, broker, title or escrow company. etc. he will so state. Pertinent comparable sales data should include identified photographs of all principal above ground improvements or unusual features affecting the value of the comparable. (13) Inspection of Properties. Ail property appraised and the comparable sales which were relied upon in arriving at the fair market value estimate will be personally inspected in the field by the appraiser and all dates of inspection will be shown in the appraisal report. (14) Date of Valuation. The effective date to which the valuation applies. (15) Limiting Conditions. Statement of appropriate contingent and limiting conditions if any. ........~ passages added. are deleted. -13- Underlined passages are 775 939 BOOK (16) Certification and Signature. The certification, signature and date of signature of the appraiser. (k) A "review appraisal" shall comply with the following procedures: (1) The reviewing appraiser will field inspect the property appraised and the comparable sales considered by the appraiser in arriving at either or both, as appropriate, the fair market value of the whole property and of the remainder. (2) The reviewing appraiser will examine the appraisal reports to determine that they: Are complete in accordance with subparagraph Follow accepted appraisal principles and techniques in the valuation of real property in accordance with existing state law. Contain or make reference to the information necessary to explain, substantiate and thereby document the conclusions and estimates of value and/or just compensation therein. identified d~ Include consideration of compensable items, damages and benefits, but do not include compensation for items, damages and benefits noncompensable under state law. Contain an identification or listing of the buildings, structures and other improvements on the land as well as the fixtures which the appraiser considered to be a part of the real property to be acquired. f. Contain the estimated fair market value for or resulting from the acquisition, and where appropriate, in the case of a partial acquisition, either in the report or in a separate statement, a reasonable allocation of the estimate of the fair market value for the real property acquired and for damages to remaininq real property. ~ u ~ ..... ~ deleted .... passages ......... are added· -14- Underlined passages are 775 9_40 (3) (4) Prior to finalizing his estimate of just compensation, the reviewinq appraiser will request and obtain corrections or revisions of appraisal reports which do not substantially meet the requirements set forth in subparagraph (j). These will be documented and retained in the parcel file. The reviewing appraiser may supplement an appraisal report with corrections of minor mathematical errors where such errors do not affect the final (5) (6) value conclusion. He may also supplement the appraisal file where the following factual data has been omitted: a. Owner's and/or tenants' names. Parties to transactions, date of purchase and deed book reference on sale of subject property and comparables. c. Statement that there were no sales of subject property in past 5 years. de Location, zoninq or present use of subject property or comparables. The reviewing appraiser will initial and date his corrections and/or factual data supplements to an appraisal report. The reviewing appraiser will submit a siqned and dated statement setting forth: a® His estimate of just compensation includinq, where appropriate, his allocation of compensation for the real property acquired and for damages to remaining real property, and an identification or listing of the buildings, structures, and other improvements on the land as well as the fixtures which he considered to be a part of the real property to be acquired, if such allocation or listinq differs from that of the appraisal(s). That as a part of the appraisal review there was a field inspection of the parcel to be acquired and the comparable sales applicable thereto. ~ .... u ~ ..... ~ passages are deleted. added. -15- Underlined passages are °" 775 BOOK PAi~E c. That he has no direct or indirect present or contemplated future personal interest in such property or in any monetary benefit from its acquisition. d. That his estimate has been reached independently, without collaboration or direction, and is based on appraisals and other factual data. PART C. 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 D. SEVERABILITY. 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 the applicability to any other person, property or circumstances. PART E. APPLICABILITY. This ordinance shall be applicable throughout St. Lucie County. e~ .... u through passages are deleted. added. -16- Underlined passages are BOOK PA~T F. 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 G. 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 H. 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 I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger ABSENT Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word ...... ~.. passages added. are deleted. -17- Underlined passages are 775 943 "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 J shall not be codified. PASSED AND DULY ENACTED this 23rd day of January, 1992. 1161543 F/Bll ~8:45 ~ .... " ~u ..... ~ passages are deleted. added. -18- Underlined passages are 775 BOOK 1160506 ORDINANCE NO. 92-06 (Formerly No. 91-28) DOUGLAS DIXC~I St. Lucie Cour~t~ Clerk Circ~d Depuly AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDZNANCESAND COMPILED LAWS BY AMENDING CHAPTER 1- 10.5 ("HOUSING") TO CREATE ARTICLE III ("FAIR HOUSING); PROVIDING FOR A DECLARATION OF POLICY TO PROHIBIT DISCRIMINATION IN HOUSING ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, HANDICAP, FAMILIAL STATUS, OR RELIGION; PROVIDING DEFINITIONS; DESIGNATING DISCRIMINATORY HOUSING PRACTICES IN THE SALE OR RENTAL OF HOUSING, IN ADVERTISING IN CONNECTION THEREWITH, IN THE FINANCING OF HOUSING, AND IN BROKEHAGE SERVICES RELATED TO HOUSING; PROVIDING FOR CERTAIN EXEMPTIONS AND EXCEPTIONS; PROVIDING FOR AN ADMINISTRATOR AND PRESCRIBING THE GENERAL POWERS AND DUTIES OF SUCH ADMINISTHATOR; AUTHORIZING THE PROMULGATION OF COMPLAINT FORMS; MAKING PROVISION FOR THE FILING OF COMPLAINTS, AND THE PROCESSING THEREOF BY THE ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES, AND INFORMATION; PROVIDING FOR A PENALTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. It is in the best interest of the economic and social development of St. Lucie County to provide the opportunity for each person to obtain housing of that person's choice in St. Lucie County, without regard to race, color, national origin, sex, handicap, familial status, or religion. 2. The State of Florida and the United States of America have enacted Sections 760.20 - 760.37, Florida Statutes and 42 U.S.C. Sections 3604 - 3614a, respectively, to prohibit housing o~._..__,. ~. -v--"-~.. passages are deleted. added. -1- Underlined passages are discrimination based on race, color, national origin, sex, handicap, familial status, or religion. This legislation also provides procedures to process complaints of housing discrimination at the state and federal level. 4. The enactment of a St. Lucie County Fair Housing Ordinance to prohibit housing discrimination will augment the state and federal legislation to provide the citizens of St. Lucie County with a procedure for processing complaints of such housing discrimination at the local level. 5. In order to enact a St. Lucie County Fair Housing Ordinance it is necessary to amend to St. Lucie County Code of Ordinances and Compiled Laws. 6. On January 8, 1992, the Local Planning Agency/St. Lucie County Planning and Zoning Commission held a public hearing on the proposed ordinance after duly publishing notice in The Fort Pierce Tribune and The Port St. Lucie News, newspapers of general circulation within St. Lucie County, and made its recommendations to this Board. 7. On January 9, 1992, this Board held its first public hearing on the proposed ordinance, after duly publishing a notice of such hearing in The Fort Pierce Tribune and The Port St. Lucie News. e~-"-'- thrcugh passages are deleted. added. --2-- Underlined passages are 8. On January, 1992, this Board held its second public hearing on the proposed ordinance, after duly publishing a notice of such hearing in The Fort Pierce Tribune and The Port St. Lucie News. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CREATION OF ARTICLE III (FAIR HOUSING) OF CHAPTER 1-10.5 (HOUSING) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Article III (Fair Housing) of Chapter 1-10.5 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: ARTICLE III. FAIR HOUSING Sec. 1-10.5-25. Declaration of policy. It is hereby declared to be the policy of the Board of County Commissioners of St. Lucie County, in keeping with the laws of the United States of America and the laws and Constitution of the State of Florida, to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain housinq of such person's choice in St. Lucie County, without reqard to race, color, national origin, sex, handicap, familial status, or religion and, to that end, to prohibit discrimination in housing by any person. Sec. 1-10.5-26. Definitions. For the purposes of this article, the following definitions shall apply: Administrator means the St. Lucie County Administrator or his designee. Board means the St. Lucie County Board of County Commissioners. Discriminatory housing practice means an act which is unlawful under Sections 1-10.5-27 through 1-10.5-29 hereof. Familial status is attained when one or more individuals who have not attained the age of eighteen (18) years are domiciled with ~ .... u ~u ..... ~ passages are deleted. added. --3-- Underlined passages are a parent or other person having legal custody of such person(s) or a designee of a parent or other person having legal custody, with the written permission of such parent or other such person. Family means one or more natural persons livinq together as a single house keepinq unit in a residential dwellinq. Handicap means a person who has a physical or mental impairment which substantially limits one or more major life activities, or has a record of havinq, or is regarded as havinq, such mental or physical impairment. Housing for older persons means housinq: Provided under any state or federal program that the Administrator determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; 2, · Intended for, and solely occupied by, persons sixty two (62) years of aqe or older; or Intended and operated for occupancy by at least one (1) person fifty five (55) years of age or older per unit. In determininq whether housinq qualifies as housing for older persons under this subparagraph, the Administrator shall consider at least the following factors: ae The existence of siqnificant facilities and services specifically designed to meet the physical or social needs of older persons, or if providing such facilities and services is not practicable, such housing is necessary to provide important housinq opportunities for older persons; and At least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and The publication and adherence to policies and procedures which demonstrate an intent by the owner or manaqer to provide housinq for persons 55 years of age or older. 4. Housinq shall not fail to be considered housinq for older persons if: A person who resides in such housinq on or after October 1, 1989, does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or Struck added· passages are deleted. --4-- Underlined passages are One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. Lending institution means any bank, insurance company, savings and loan association or any other person or organization whose business consists, in whole or part, of making commercial real estate loans. Owner means any person, including but not limited to a lessee, sublease, assignee, manager, or agent, having the right of ownership or possession or the authority to sell or lease any residential dwelling. Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mortgage companies, joint stock companies, trusts, unincorporated organizations, public corporations, trustees, trustees in bankruptcy, receivers, and fiduciaries. Real estate broker or salesman means a person, whether licensed or not, who for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or herself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication, or a person employed by or acting on behalf of any of these. Rent means lease, sublease, assignment or rental, including any contract to do any of the foregoing, or otherwise granting for consideration the right to occupy premises that are not owned by the occupant. Residential dwelling means any building, structure, or portion thereof, mobile home or trailer, or other facility which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof, mobile home or trailer or other facility. Residential real estate transaction means the making or purchasing of loans or providing other financial assistance for purchasing, construction, or maintaining a residential dwelling or secured by residential real estate or the selling, brokering, or appraising of residential real property. .r--c....._~_~.. passages are deleted. added. Underlined passages are Respondent means any person aqainst whom a complaint is filed pursuant to this article. Sale means any contract to sell, exchange, or to convey, transfer or assign legal or equitable title to, or a beneficial interest in real property. Sec. 1-10.5-27. Discriminatoz7 housing practices. Except as provided in section 1-10.5-30 hereof, it shall be unlawful and a discriminatory housing practice: (a) To refuse to sell or rent after the making of a bona fide offer or, to refuse to negotiate for the sale of rental of, or otherwise to make unavailable or deny a residential dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion. (b) To discriminate against any person in the terms, conditions or privileges of sale or rental of a residential dwelling, or in the furnishinq of facilities or services in connection therewith, because of race, color, national origin, sex, handicap, familial status, or religion. To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a residential dwelling that indicates any preference, limitation, or discrimination because of race, color, national origin, sex, handicap, familial status, or religion or an intention to make such preference, limitation, or discrimination. (d) To represent to any person that a residential dwelling is not available for inspection, sale, rental, or lease when in fact it is so available to persons who are financially qualified, or to fail to bring a property listing to such person's attention, or to refuse to permit him or her to inspect the residential dwellinq because of race, color, national oriqin, sex, handicap, familial status, or religion. (e) For profit, to induce or attempt to induce any person to sell or rent any residential dwelling by a representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, added. ~..~v-~..~ passages are deleted. -6- Underlined passages are color, national origin, sex, handicap, familial status, or religion. Sec. 1-10.5-28. Discrimination in the financing of housing. (a) It shall be unlawful and a discriminatory housing practice for any lending institution, as defined herein, to deny a loan or other financial assistance to a person applyinq for the loan for the purpose of purchasing, constructing, improving, repairing, or maintaining a residential dwelling, or to discriminate against him or her in the fixing of the amount, interest rate, duration, or other term or condition of such loan or other financial assistance, because of the race, color, national origin, sex, handicap, familial status, or reliqion of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or because of the race, color, national origin, sex, handicap, familial status, or religion of the present or prospective owners, lessees, tenants, or occupants of the residential dwelling or residential dwellings in relation to which such loan or other financial assistance is to be made or given. (b) It shall be unlawful and a discriminatory housinq practice for any person or entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, sex, handicap, familial status, or religion. Sec. 1-10.5-29. Discrimination in the provision of brokeraqe services. It shall be unlawful and a discriminatory housing practice to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, orqanization, or facility relating to the business of selling or renting residential dwellinqs, or to discriminate aqainst him in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, sex, handicap, familial status or religion. added. passages are deleted. -7- Underlined passages are SeC. 1-10.5-30. Exemp2ions. (a) Nothing contained in this article shall apply to: Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three (3) such single-family houses at any one time. In the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any rights to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any single family house shall be exempted from the application of this article only if the house is sold or rented: a® Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson, or such facilities or services of any person in the business of selling or renting a residential dwelling, or of any employee or agency of any such broker, agent, salesperson, or person but this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; and b~ Without the publication, postinq or mailinq, after notice, of any advertisement or written notice in violation of this article. For the purpose of this subsection a person shall be deemed to be in the business of selling or renting residential dwellings if: a® He has, within the preceding twelve (12) months, participated as principal, other than in the sale of his own personal residence, in providinq sales e~- .... ~- ~u~ ..... ~. passages added. are deleted. --8-- Underlined passages are or rental facilities or sales or rental services in three (3) or more transactions involving the sale or rental of any residential dwelling or any interest therein; or He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in (2) (3) two (2) or more transactions involving the sale or rental of any residential dwelling or any interest therein; or He is the owner of any residential dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. Rooms or units containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as such owner's residence. A religious organization, association, or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, in advertising the sale, rental or occupancy of a residential dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. (4) A private club, not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, in limiting the rental or occupancy of such lodging to its members or from giving preference to its members. (b) Any provision of this article regarding familial status does not apply with respect to housing for older persons as defined herein. (c) Nothing in this article: !- Prohibits a person engaged in the business of furnishing appraisals of real property from taking added. passages are deleted. -9- Underlined passages are into consideration factors other than race, color, national origin, sex, handicap, familial status, or religion. Limits the applicability of any restriction regarding the maximum occupants permitted to occupy a dwelling. reasonable number of residential Requires that a residential dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. Prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined under Chapter 893, Florida Statutes· Sec. 1-10.5-31. A4ministrator - authority an4 responsibilities. (a) The authority and responsibility for administering this article shall be vested in the Administrator. (b) The Administrator shall: (1) Receive written complaints as hereinafter provided relative to alleged unlawful acts under this article. (2) Upon receiving a written complaint, he shall refer the matter to the appropriate state or federal authorities for legal action. (3) Establish, administer or review programs at the request of the Board and make reports on such programs to the Board. (4) Bring to the attention of the Board items that may require the Board's notice or action to resolve. (5) Cooperate with federal, state, local, and other public and private aqencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this article. ~__.._,. ~_A...~.. ~ passages are deleted. added. -10- Underlined passages are Sec. 1-10.5-32. Complaints. (a) A person who claims that another person has committed a discriminatory housing practice aqainst him may report that offense to the Administrator by filing a complaint. (b) A complaint must be in writing, verified or affirmed, on a form to be supplied by the Administrator and shall contain the following: (1) Identity of the respondent; (2) Date of the offense and date of filing the complaint; (3) General statements of facts of the offense including the basis of the discrimination (race, color, national origin, religion, sex, familial status, or handicap) and, if applicable, the location of the dwelling involved; (4) Name, address and signature of the complainant. (c) Each complaint shall be held in confidence by the Administrator unless and until the complainant and the respondent(s) consent in writing that it shall be public. Sec. 1-10.5-33. Additional remedies. The procedures prescribed by this article do not constitute an administrative prerequisite to another action or remedy available under other law. Further, nothing in this article shall be deemed to modify, impair or otherwise affect any right or remedy conferred by the Constitution or laws of the United States or the State of Florida, and the provisions of this article shall be in addition to those provided by such other laws. Sec. 1-10.5-34. Education and public information. The Administrator may conduct educational and public informational activities that are designed to promote the policy of this article. Sec. 1-10.5-35. Penalty. Any person who violates any provisions of this article shall be subject, upon conviction, to the appropriate state or federal penalty. ~- '- ~. ..... ~. passages added. are deleted. -11- Underlined passages are 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. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout unincorporated St. Lucie County. PART E. FILING WITH DEPARTMENT OF STATE. .The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on February 1, 1992. ..... passages added. are deleted. -12- Underlined passages are PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger ABSENT PART H. Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE CODIFICATION. 1160506 FEB-5 RlO :18 FiL~ ii ~ND RECORDEO ~)~ DOUG[.. AS OtXON CLERk,\ S1 LUCiF ri&UNTY, FL Provisions of this ordinance shall be incorporated in the County code and the word ""ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to H shall not be codified. PASSED AND DULY ADOPTED THIS 23rd day of January, 1992. ~ .... " ~ ..... ~ passages are U=~=U=U~A~A~--~. added. -13- Underlined passages are Doc Assump $ Doc TaX Int Tax. · ']LAS D1XO~ 1 SI. Lucie County $ Clerk Circuil Court $, _ By, .'rotal $, OO ~ ~ Deputy Cl~k O~Z~C~ ~0. 92-07 (~0~~ O~Z~C~ gl-2~) 1160481 AN ORDINANCE AMENDING SECTION 1-20-32 (CIVIL PENALTIES) OF DIVISION 2 (HANDICAPPED, FIRE LANE, PROPERTIES OWlqED OR LEASED BY COUNTY, ROAD RIGHTS-OF-WAY OWNED OR LEASED BY STATE, PARKING PROHIBITED) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY PROVIDING FOR DISTRIBUTION OF THE FINE IN ACCORDANCE WITH SECTION 316.008(4), FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01, 316.006, and 316.008, Florida Statutes, grant a board of county commissioners jurisdiction over the public streets, highways, roadways, and parking areas in the unincorporated areas and all parking areas located on property owned or leased by the county. 2. On December 4, 1990, this Board adopted Ordinance No. 90- 34 to add Division II (Handicapped, Fire Lane, Properties Owned or Leased by County, and Road Right-of-Way Owned or Leased by State) to Article II (Stopping, Standing, and Parking) of Chapter 1-2 (Traffic) of the St. Lucie County Code of Ordinances. The new Division II included Section 1-20-27 (Public Parking Spaces for Certain Handicapped Persons) and Section 1-20-32 (Civil Penalties) _.ruc.: through passages are deleted. added. --1-- Underlined passages are which established the requirements for parking in handicapped parking spaces and the fines for violating such requirements. 3. Section 1-20-32(1) provides for a civil penalty of one hundred two and 00/100 dollars ($102.00) for violation of Section 1-20-27 and further provides that two and 00/100 dollars ($2.00) of each such fine shall be credited to the Criminal Justice Trust Fund County pursuant to Section 943.25(13), Florida of St. Lucie Statutes. 4. The 1991 Florida Legislature amended Section 318.21, Florida Statutes, to provide that a county will receive fifty-six and four tenths percent (56.4%) of a civil penalty received by a county court after deducting two and 00/100 dollars ($2.00) to be paid to the Department of Health and Rehabilitative Services for the Child Welfare Training Trust Fund and the Juvenile Justice Training Fund. Six and 00/100 dollars ($6.00) are also deducted for court costs. Pursuant to the formula set forth in Section 318.21, the County receives fifty-one and 89/100 dollars ($51.89) from each penalty assessed for violation of Section 1-20-27. 5. Section 316.008(4), Florida Statutes, provides that a county may enact a handicap parking ordinance providing that such ordinance may provide for the deposit of such fines in a separate county account to be used in the following manner: (a) one-third (1/3) to defray expenses for the administration of the ordinance, and (b) two-thirds (2/3) to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in ~ .... ~' ~ ..... ~ passages added. are deleted. --2-- Underlined passages are the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. 6. It is appropriate for this Board to amend Section 1-20- 32 to provide for a distribution of the funds as set forth in Section 316.008(4), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-32 OF DIVISION II OF ARTICLE I OF CHAPTER 1-20 Section 1-20-32 of Division I of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-32. Civil penalties. (1) Any person who stops, parks, or stands a vehicle in violation of the term~ of Section 1-20-27 of this Ordinance shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of one hundred two and 00/100 ($102.00) dollars. Two and 00/100 ($2.00) dollars of this penalty is to shall be credited to the Criminal Justice Trust Fund of St. Lucie County pursuant to Section 934.225(13), Florida Statutes. Ten and 00/100 dollars ($10.00) of this penalty shall be used to provide funds to improve accessibility and equal opportunity to qualifie~ physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. ...... ~.. passages added. are deleted. --3-- Underlined passages are 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. SEV~RABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon March 1, 1992. PART G. PENALTIES. St. Lucie County shall have the right to sue in civil court to ...... ~.. passages added. are deleted. --4-- Underlined passages are enforce the provisions of this ordinance. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Havert L. Fenn Aye PART I. Vice Chairman Jim Minix Aye Commissioner Judy Culpepper Aye Commissioner Jack Krieger Aye Commissioner R. Dale Trefelner Aye CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word .... ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. PASSED AND DULY ADOPTED THIS 21st day of JANUARY, 1992.~/'"' ATTEST ~DE]t~U~CLERK ST. LUCIE COUNTY, 'I~h~OR'I'DA' .~ CORRECTNESS: ~~~C ATTORNEY m~ .... " ~ ..... ~ passages added. are deleted. --5-- Underlined passages are Doc Assump $ Doc Tax $ .l'ot,,I $ $, ~'='~-~ DOUGLAS D' St. Lucie County Clerk Circuit Court ~;~.~o __ l~,p,,yC~ ORDINANCE NO. 92-08 (Formerly No. 91-30) .60454 AN ORDZNANCE REGUI~TZNG THE DZSTRZBUTZON OF COI~IERCZAL HANDBZLLS ON RESIDENTIAL PREMISES; AI~INDING CHAPTER 1-14 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADDING ARTZCLE Z. GENERAL AND ARTZCLE II. REGULATZON OF COMI~IRCZAL HANDBZ?.TJS; PROVZDZNG DEFZNZTZONS; PROHZBZTZNG TEE DISTRZBUTZON OF COIOIERCZAL HANDBILLS ONANY RESIDENTIAL PRE~ZSESWHERE A "NO HANDBILLS" SIGN OR A BLUE DESIGNATOR IS CONSPICUOUSLY DISPLAYED; PROVIDING EXEMPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITYAND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Residents of St. Lucie County have complained over the distribution of unwanted commercial handbills on their residential property; and, 2. Unwanted commercial handbills distributed on residential property constitute litter and are unsightly. In addition, such distributiOn constitutes an invasion of privacy and property rights, and imposes on residents the burden of retrieving and discarding such unwanted matter; and, 3. The continued presence of a commercial handbill on residential property over time, and the accumulation of commercial handbills, are each clear indications to potential burglars, vandals, and others with a criminal intent that the resident is °~ ' '~ ..... ~ deleted ..... passages ........... =- are . added. --1-- Underlined passages are away or that the premises are uninhabited, and increase the possibility of burglary, vandalism, and other criminal activity; and, 4. The County has a substantial interest in preventing crime on residential real property, in reducing litter, and in assisting residents in the protection of their privacy rights and property rights. 5. The provisions of this ordinance are intended to balance the rights of the persons publishing or distributing commercial handbills against the rights of a private property owner to bar by notice unwanted commercial handbills. 6. The adoption of this ordinance is in the best interest of the health, safety and welfare of the citizens of St. Lucie County. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-14 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Chapter 1-14 is hereby amended to add Article II as follows: ARTICLE II. REGULATION OF DISTRIBUTION OF COMMERCIAL HANDBILLS Section 1-14-21. Distribution. All commercial handbills, as defined in this Article, shall be distributed in accordance with the requlations set forth in this Article. Section 1-14-22. Definitions. The followinq words, terms and phrases, when used in this Article, have the meaninqs ascribed to them in this Section, except ~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. --2-- where the context clearly indicates a different meaning: (a) "Blue designator" shall mean: A blue reflector con- spicuously posted on a mailbox post or other structure. (b) "Commercial Handbill" shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, bumper sticker, booklet, or any other written matter or literature, which: (1) Advertises any merchandise, product, service commodity, or thing; (2) Directs attention to any business or mercantile or commercial establishment, or other commercial activity, for the purpose of either directly or indirectly promoting the interests thereof by sale, lease, benefit, gift, or other promotion; (3) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or (4) While containing reading matter other than advertising matter, is essentially and predominantly an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person or entity so engaged as advertiser or distributor. (c) "Distribute" shall mean to deposit, place, or throw commercial handbills. (d) "Residential Premises" shall mean any dwelling, house, buildinq, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, "& .... " ~ ..... ~ passages are dele%ed. added. --3-- Underlined passages are or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. e. "Resident" shall mean the owner or other occupant lawfully entitled to possession of residential premises. Section 1-14-23. Distribution of Commercial Handbills on Residential Premises. It shall be unlawful for any person to distribute any commercial handbill upon any premises if the resident of the premises conspicuously displays a sign stating "No Handbills", or a blue designator indicating the resident's desire not to receive commercial handbills, or if the resident has otherwise notified such person in writing of the resident's desire not to receive commercial handbills. Section 1-14-24. Exemptions. The provision of this Article shall not apply to: (a) The distribution of mail by the United States Postal Service. (b) Newspapers, magazines, or other reading material for which a person has subscribed. (c) Official notices distributed by utilities and public health and law enforcement agencies. Section 1-14-25. Enforcement. Any resident of a residential premises who receives a commercial handbill in violation of Section 1-14-23 may file a written complaint within ten (10) days of the alleged violation with the St. Lucie County Code Enforcement Administrator. The ~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. --4-- written complaint shall identify the date the incident occurred, the name of the commercial handbill, and the name of its distributor; if the distributor is unknown to the complainant, the written complaint shall include the name of the publisher of the commercial handbill, and the Code Enforcement Administrator shall undertake a reasonable effort to ascertain the identify of the distributor. The Code Enforcement Administrator, upon receiving the written complaint, shall forward by certified mail, return receipt requested, a copy of the written complaint to the distributor of the commercial handbill along with a written notice that the distributor immediately cease and desist from any further distribution of the commercial handbill on the residential premises of the complainant. If the distributor is an employee of the publisher, the Code Enforcement Administrator shall mail the complaint to the publisher. If the distributor of the commercial handbill continues distribution to the residential premises of the complainant after notice to cease and desist, the Code Enforcement Administrator shall initiate enforcement proceedings before the Code Enforcement Board pursuant to Sections 1-2-19 through 1-2- 27.3 of the Code of Ordinances of St. Lucie County, Florida. In addition tO the remedy set out above, the County Attorney may institute any appropriate civil action or proceedings in any court to prevent,~ correct or abate the violation. Nothing herein shall preclude the imposition of other applicable penalties and o6._ " ~.-.--=-~ passages are deleted. added. Underlined passages are enforcement procedures pursuant to Section 403.413, Florida Statutes, as amended. 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. SEV~RABILITY 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 March 1, 1992. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Struck %brough passages are deleted. added. --6-- Underlined passages are Chairman Jim Minix AYE Vice Chairman Jack Krieger Commissioner Judy Culpepper AYE 1160484 AYE Commissioner Havert L. Fenn Commissioner R. Dale Trefelner CODIFICATION. AYE FILED ANb. Rr=4o~l~.,b PaRT G. DOUGLAS D~ SL LUCtE 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 21st day of January, 1992. BOAR~ OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA V. :! :' ~ ' Couflty~t/~ney ..... ~.. passages are deleted. added. -7- Underlined passages are 1168142 ORDINAHCE NO. 92-09 AN ORDZNANCEAMENDZNG CHAPTER 1-6.5 "CONNUNZTY DEVELOPMENT" OF THE CODE OF ORDZNANCES OF ST. LUCZE COUNTY, FLORIDA; ESTABLISHING THE RESERVE COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING BOUNDARIES FOR THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABZLZT¥; PROVIDING FOR APPLZCABZLZTY; PROVZDZNG FOR FZLZNG WZTH THE DEPARTMENT OF STATE; PROVIDZNG AN EFFECTZVEDATE; PROVZDZNG FOR CODZFZCATZON; AND SETTZNG FORTH THE VOTE ON ADOPTZON WHEP~AS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the county. 2. Callaway Land and Cattle Co., Inc. has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. Subsequent to the filing of the petition, the petitioner amended their petition to delete Parcels IV and V from the petition. 4. In accordance with Section 190.005(1)(d) and (2)(b), Florida Statutes, the Board held a public hearing on January 28, 1992, after publishing notice of such hearing in the Fort Pierce News Tribune and the Port St. Lucie News on December 30, 1991 and ~ .... " ~..~v- .......~ passages are deleted. Underlined passages are added. --1-- OR 7 8 0 I AO[O I I 9 January 7, 14 and 21, 1992. At the request of the Petitioner, the January 2, 1992, public hearing was continued to February 11, 1992. 5. The Board has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e), Florida Statutes, and has found that: (a) Ail statements contained within the petition are true and correct; amended (b) The creation of the district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (c) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (d) The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district; (e) (f) The community development services and facilities of the district will be compatible with the capacity and uses of existing local and regional community development services and facilities; and The area that will be served by the district is amenable to separate special-district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE III "THE RESERVE COMMUNITY DEVELOPMENT DISTRICT" OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO £truck thr=ugh passages are deleted. added. --2-- Underlined passages are OR 7 8 0 PA EO I 2 0 Section 1-6.5-35. The Reserve established. Section 1-6.5-36. Established; Name. Community Development District is hereby Boundaries. The boundaries of the Reserve Community Development District are as set forth in the legal description contained in the attached Exhibit A. Section 1-6.5-37. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Reserve Community Development District: W. C. Wingfield, III, John W. Holcomb, T. Scott Wingfield, Barbara Wingfield and Kimberly Holcomb. Section 1-6.4-38. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of the Reserve Community Development District: (a) (b) (c) If the district develops and constructs central sewer and water facilities and provides such services outside of the district with the consent of the County, any nondistrict property constituting an enclave of the district shall be afforded the opportunity to receive such services at a rate or rates not greater than the fully allocated costs of providing such services. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. Struck through passages are deleted. added. --3-- Underlined passages are ¢ 0780 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. 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. APPLICABILITY. This ordinance shall be applicable as stated in Paragraph A. 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 Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on February 15, 1992. e~ .... " ~ ..... .~..~ passages are deleted. added. --4-- Underlined passages are 0 7 8 0 1 2 2 PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code 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 H shall not be codified. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner ABSENT DULY PASSED AND ADOPTED THIS llth day of February, 1992. ATTF.~T.~. ~ .... '- ~ ..... ~ passages are deleted. added. --5-- Underlined passages are ° 0780 a EO i 23 BK F:ESEF::VE F'.U.E SEEi-I-IL',I III, AS DESCRII: " IN A WARF;P, NTY DEED AS F;EL-OF.:DED Ihl C. ICIAL F:EE:OF:'.DS BOOk; 631, . ,~GES 23':3,1 THR'.OUGH 22::'95, F'UBL I C RECORDS OF ST. LUCI E L-:OUNTY, FLOE:! DA, BE I NG MOE:E PARTICULAF.:Ly DESF':F"!BED AS FOLLOWS. A F'ARC:EL OF LAND LYING WITHIN SEC:TtONS '--.-'2, 26, AND 35, TOWNSHIF' 36 SOUTH, RANGE 3'9 EAST, ST. FLORIDA, MOF.:E F'AF-:TIE:ULAF::Ly DESCRIBED AS FOLLOWS-_ 27 28 LUC:IE COUNTY, F:OMMENCE AT THE NOR:THEASTERLY COF'.'.NEF.: OF "THE RESER:VE F'.U.D." AS DESCRIBED IN F-:ESOLUTION NO. 84-129 AND RECOR:DED IN O.R. BOOK'442 F~aES 667 THROUGH 672 PUBLIF: RECOR:DS OF ST LUCIE -'- - · FLOR:IDA, LYING ON 'THE NORTH LINE OF SAID 'SECT!ON ":"---' ..... ~' ....... "' F' --; THENCE SOUTH 8'9 '45' ..:,.~ -~-~o] , - ~=ON', SAID NORTH LINE OF SECTIOI'4 ";'~' A DISTANCE OF 98,4.'93 FEET TO THE NORTHEAST CORI',IER: OF SAID SECTION '22, THENCE NORTH 8'B':..'1'3'¢~9" EAS. T, .ALONG THE NORTH LINE OF SAID SECTION '.:":'- A DIS.TANCE OF 95.78 FEET TO THE INTERSECTION WITH THE I,-.IESTE~'~ LINE OF A FLORIDA POWER AND LIGHT COMF'ANY R!GF!T-OF- WAY, AS F.:EC:OF.:DED IN O.R:. BOOK: 97 PAF~E 504 F'UBLIC RECORDS OF ST. LUCZE COUNTY, FLOE:IDA; THENCE SOUTH 00 WES-FERLY LINE OF THE THE F-LOR.'fOA POWER AND LIGHT COMF'AI',iY R!GH]'- OF-WAY, AND ALSO THE WEST LINE OF A FLOE:IDA F'OWEF:.: AND LI COMPANY RIGH]'-OF-bSAy AS F.:ECOR'DED IN O.E'.. BOOt< !'20~ F'Ar:iE !9'_:' THF.:OUGH 2Q 1, F'UBL lr L-: F-:ECOF;:DS OF ST. LUC I E ]:OU~'.TY, Fl_Oil: t DA, A DISTANCE OF 10,532.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'00' 11" WEST ALONG SAID WESTERLY Lir'.iE OF THE FLORIDA POWER & I_IGHT COMF'ANY RIGHT-OF-WAy, AND ALSO A FLORZDA POWER & LIGHT COMF'ANY RIGHT-OF-WAy R'ECOR:DED IN O.F:. BO0!::; 97 PAGE 504, F'UBLIC: RECOF.:DS OF ST. LUC!E COUNTY, FLOE:IDA, A DISTANCE OF 1,923.77 FEET TO A F'O!NT ON THE WESTER'.LY LINE OF A. FLOF.:IDA F'OWER & LIGHT COMF'ANY RIGHT-OF-LdAY AS REC:OR:DED IN O.R:. BOOK 468 F'AGE 28':37, F'UBLIC F.:ECORDS°OF ST. I_UC:IE COUNTY, FLOP. IDA; THEI',ICE SOUTHWESTERLY ALONG SAID WESTERLY R:IGHT-OF-WAY LINE THE FOLLOWII'4G;COURSES AND DISTANCES: SOUTH 04'5G,26', WE. ST, 632.70 FEET; THENL-:E SOtJTI4 12 '25' 58" 'WEST, 640_ .9u) FEET; THENE:E SOUTH I 9 '2~3' L]'q" t-JEST, 6,83. 65 F~.T THEF EE SOUTI4 79 ' 27 ' 56" WEST, 55.5 ] FEET; THENCE %Qt.JTI lQ' :32~ 03" EAST, 50. OO FEE-F; -[ HEI'. CE 79,27 ' 56," EAST, 55. 39 FEET; 't HEI',IE:E SOU7 .... ~ EAST, ]q6. 6..~ FEE] , -[ttEhlE'E SOtlTll 2>1'3-t, q-l" WES]. .122.43 FEET; THENCE I}EF'F',F:'I I l,IFi ~]AI I) WEG-Fr~I;:I_Y F: I Q-HT.-Or:-- bJA'r' I_ I hie ,r.]Etl ITlt E:l'~¢ ',':52' 2-I" JE.-: t' ,~:'AF:(t--d_L.~: L W 1 'rl--t THE SIL)IJ I Ft l. ] fie [:Jl7' -I ~tl_-: S(]IJTI lEAST I Ir, If? (~IJAF' I PTF' ( ] /q ) ':'1.~:' SA l I) SE,] "1 I Obi :gq, ;I D ] ST//N,-:E OF ! ,_%L;"~. 'DO FI:.I:] ; 't t-4. E. hlE t; OR 7 8 0 PABEO i 2 4 h,lLH-"i'tt -l];'~d.J .:2" 'WEE;]', f'P,F.:ALt_EL t,J~qtt lt,tz NOI~:TI4EAf_;fE_F'LY P]GHT-OF- tdAY LINE 0F THE SOUTH FLORIDA WATEF.: MANAGEMENT DISTEtI,E:T C'~NAL NO. L-Z'-I, A DIS'lANCE OF 2,DCl.q6 FEET TO a f'OINT ON NOF:-fHWES'TEE;LY LI NE OF a PAF.;E:EL OF LAND DE%CF.'.I BED I N []. 298 F'~GE ~0t6, F'tJE~L~C: RECORDS 0F ST. LUC:~E COUNTY, FLORiDa; THENCE %OUTH 61 '5~ ~ 3q" [~EST ~LONG THE NORTH~E%TEF.:LY L~NE OF S~ D F'ARC:EL, 619.04 FEET; TtlENCE SOUTH 40'58' 5-t" WEST, ALONG THE NORTHWESTERLY LINE OF SAID PARC:EL, 958.79 FEET TO THE F'OINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF AFORESAID C:ANAL NO. C-2,1; THENE:E NORTH 43'08'22" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, 174. 16 FEET TO THE POINT OF INTERSEE:TION WITH THE SOUTHEASTERLY LINE OF A PARC:EL OF LAND DESC:RIBED IN A WARRANTY DEED REE:ORDED IN O.R. BOOK 344, PAGES 1093 - 1095, F'UBLIC REC:ORDS OF ST. LUCIE C:OUNTY, FLORIDA; THENC:E NORTH 46~44'44" EAST, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, 12~1. 19 FEET; THENE:E NORTH 43~08'32'' WEST, ALONG THE NORTHEASTERLY LINE OF SAID F'ARCEL 4055.34 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE F'LAT OF "SABAL CREEK PHASE IV" AS E:ECORDED IN PLAT BOOK 24 F'AGE 17, F'UBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS MONUMENTED, BEING THE SOUTHEASTERLY CORNER OF SAID F'LAT; THENCE NORTHEASTERLY ALONG THE MONUMENTED EASTERLY AND NORTHEASTERLY LINE OF SAID PLAT OF "SABAL C:REEK F'HASE IV" THE FOLLOWING C:OURSES AND DISTANCES NORTH 46~27'43'' EAST, 304.90 FEET; THENE:E NORTH (_-)3 ' 19' 21" EAST, 4 t9.34 FEET; THENCE NORTH 87 ~41 ' 28" EAST, 374.83 FEET; THENF:E NORTH 13'48'36" WEST, 82'9.37 FEET TO A POINT ON A C:UF.:VE C:ONC:AVE TO THE NOR. THEAST TO WHIC:H A RADIAL LINE BEARS SOUTH 0'9 '01'45" EAST, SAID C:UF.:VE HAVING A RADIUS OF 448.23 FEET; THENCE NOF.:THWESTERLY ALONG THE ARC: OF SAID C:URVE A D ISTANC:E OF 234.60 FEET THROUGH A CENTF.:AL ANGLE OF 2'9'5'9' 16" TO A F'OINT OF COMF'OUND CUF.:VATUF.:E - OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 447.24 FEET; THENCE NORTHWESTEF:LY ALONG THE ARC OF SAID CUF.:VE A DISTANE:E OF 250.64 FEET TH F.'.OUGH A C:ENTF.:AL ANGLE OF 3'-'-' '06' 34" TO A F'OINT ON THE SOUTHEF.:LY LINE, AS MONUMENTED, OF THE PLAT OF "F.:ESEF.:VE F'LANTATION PHASE II A", AS F-'.EE:OF.:DED IN F'LAT BOOt::] 26 F'AGE 13, F'UBL I E: F.'EC OF.:DS OF ST. LUC: I E E:OUNTY, FL OF.: I DA. THENC:E. DEPARTING THE NOF.:THERLY LINE, AS MONUMENTED, OF SAID F'LAT OF "SABAL C:REEK F'HASE IV", NORTHEASTERLY ALONG THE SOUTHEF..L,' " AND EASTERLY LINE, AS MONUMENTED, OF SAID PLAT OF "RESEF.:VE F'LANTATION F'HASE II A" THE FOLLOWING F:OURSES AND DISTANCES: ,153.45 FEET; THEN,-_:E NORTH EAST, .35. 3E, FEET; -Ft-iENCE hlOR]-H tdES'J' , 5(-). 0,_-) FEE]'; THEr4CE EAST, 175. (-)t-) F F_-E-F; -I' I-ENL-:F hlCIF::T H L.JEST, E, IE. 86 t-E~JT TO (1 F'O E)f' ¢I CUE'L/E L-:0NEf:!L'E !(J -IlIE t7'(',[) I ti?; (;~F- 2:, 2B-'. 7.1 7 8 0 PA6[O i 2 5 _J NOF.:IttL4ESfEt.;t._y ~LQNG ]HE AR'(: OF SAIl) P ! S~r~NL- E OF 40~.~. 92 t: RET, -rH~:OUGH & L- UNI PAL ANGLE OF 1~-~ *~-~ - - -~, 46", THENCE NOF.:'fl-4 WEST, 2'57.27 FEET TO A POINT OF E:UE:VATLIF.:E OF A L-:UF.:VE E:ONF:AVE TO -rile SOUTHWEST HAVING A RADIUS OF 3,476.52 FEET; THENCE NOF-:THWESTE~:Ly ALONG THE AR:E: £)F SA I D E:UF.:VE A D I STANL-:E OF ! 6'-3.53 FEET, THF.:OUGH A E:ENTF.:AL ANGLE OF 02'47,3B., TO A F'O~NT ON A L-:UE:VE E:ONCAVE TO THE SOUTHEAST TO WHIE:H A F-:ADIAL LINE BEAF.:S NOF.:TH 26']8'57" WEST SAID L-:UF:VE HAVING A F-:ADIUS OF 7,360.2.9 FEET; THENCE SOUTHWESTEF.:Ly ALONG THE AF.:F: OF SAID CURVE, A DISTANF:E OF 97.76 FEET, THROUGFI A E:ENTF.:AL ANGLE OF O0 '45' 40"; THENL-:E SOUTH 62 '55' 23" WEST, 77.55 FEET; THENF:E NOF.:TH 27'~'~4,37 WEST, ~ .~. O0 FEET; THENF:E NOF.:TH 62 '55,23" EAST, 77.55 FEET TO A POINT OF E:UF.:VATUF.:E OF A r:UF.:VE F:ONF:AVE TO THE SOUTHEAST HAVING A F':AD I US OF 741A.40 FEET; THENF:E NOF.:THWESTEF.:Ly ALONG THE AF.:C OF SA I D E:UF.:VE A D I STANL-:E OF 97.77 FEET, THF.:OUGH A F:ENTF.:AL ANGLE OF OA '45' 21" TO A POINT ON A F:UF.:VE L-:ONL-:AVE TO THE SOUTHWEST TO WHICH A RADIAL LINE BEARS NOF.:TH 62 '31 ' 05" EAST, SAID L-:UF.:VE HAVING A RADIUS OF 3,476.54 FEET; THENL-:E NOF:THWESTEF...Ly ALONG THE AF-'L- OF SAID L-:URVE A DISTANCE OF 101.93 FEET, THF.:OUGH A L-:ENTF.:AL ANGLE OF 01 '40' 48"; THENCE NON- TANGENT TO AFOF.:E SA I D L-:UF-:VE NORTH 2'9 ' 1 O' 07" WEST, 3'93.31 FEET; . THENCE NORTH 17 '34' 1'1" WEST', 138.62 FEET; THENL-:E NOF.:TH 74' 11' 13" EAST, 338.43 FEET; THENG:E SOUTH 6'9 '33, 18" EAST, 315.2 FEET; THENF:E SOUTH 82 '51 ' lA" EAST, i 50. O0 FEET; THENF:E NORTH 78 ' 50' 15" EAST, - 237.95 FEET; THENF:E NOF.:TH 19 ' 30 ' 3'9" EAST, 569.08 FEET; THENF:E NORTH 34'08,57,, WEST, 310.5.9 FEET TO A POINT ON THE SOUTHEASTEF.:Ly LINE, AS MONUMENTED, OF THE PLAT OF "F.:ESERVE F'LANTATION PHASE I" AS F-:EL-:ORDED IN PLAT BOOt::: 24 F'AGE 20, F'UBLIL-: REL-:OF.:DS OF ST. LUL-:IE L-:OUNTY, FLOF.:IDA. THENL-:E DEPARTING AFORESAID EASTEF.:Ly LINE OF "F-:ESERVE PLANTATION PHASE I IA", AS MONUMENTED, NOF-:THEASTEF.:Ly ALONG THE SOUTHEASTERLY LINE, AS MONUMENTED, OF SAID PLAT OF "F.:ESEF.:VE F'LANTATIOhl PHASE I" THE FOLLOWING L-:OLIF:SES AND DISTANF:ES: THENE:E NORTH 8'9'30,2.9 "' EAST, 228. '95 FEET; THEN~I:E NORTH 38 ' 1'2' 36" EAST, 300. O0 FEET; THENL-:E NOF.:TH 66' 58' 58" EAST, 35`4. 3-4 FEET; THENF:E NORTH ]4 ":"-', 4~: WEST~ ] 12. 08 FEET TO A F'O~NT ON A E:I.IF%~E ~::ONE:AVE TO THE NOF:THWEST TO WHICH A -.AD I AL L I NE B E,-,F::S SOUTH ] 7 '() ] , '24" EAST SA I I) l]:l It'~;',?[E I- IAV i hJ~':i ¢':,F-.;F~E) ] I.JS OF '-- .'- ' " ~--~ :~ - 97 FEE_T; ]'I~E--IqE:E I' I (-) F:' -I I-It~A'.-;-I-EI;.i. Y ~"1 (")r I :; -I H[-~ At-'~i L-JR I-,, ] E]T(;rI,;; E I;F t.')39. E,t:-t ~F_-E-l- , II ~'~hl~:, _E- ()l-- :S;,q "-:I,t ' 40"; -Fl-IF;r, IJ'>t_- r, lf;lP:-l'l ! ~'1" I ~I ' :';-1" ! ,'1:.;f , if.l-'. ~:;-1 t-[_--1_-I F[I lit!'; F'E)IP..fl 0l}hl-'ZF'-c~[/-~' I Illl.l ° 0780i 26 L-J] ~H 'f ["IE SOUl ttER!,_y L ! NE OF A 300. O0 INGRESS AND F-GF:ES5 EASEMEN-[ I.NOWN AS "[:ESEt-'VEE BOULEVAF.;D", AND F:EC:[]F:DED IN 0. F:. B[}Ot::: 448 PAGES 2468 - 2472, F'IJBL]C RECORDS OF ST. LUC:IE CiOUNTY, FLOR!DA, SAID F'OINI- BEING A I::*OINT IN A ,7:LIRVE CONE:AVE TO THE SO~JTHL-JF:S], TO bJHIEiH A RADIAl_ LINE BEARS NORTH q1'48' ]7" WEST, -FHEr,.IC:E DEF'ART I NG SA I D [EASTERLY PLA] L I hie AS MQh, IUMENTED SOUTHEASTERLY ALONG THE AR:C OF SAID CURVE, A DISTANG:E OF O. ] ] FEET THROUGH A CENTRAL ANGLE OF 00' 00' 06"T0 ']-HE SOtJTHEASTERLY CORNER OF SA I D I NGF.:ESS & EGR:ESS R: I GHT-OF-WAY; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY L I NE OF SA I D "RESERVE BOULEVAF.:D" AND ITS F'ROF'OSED EXTENSION OF SAID "RESERVE BOULEVARD" THE FOLLOWING COURSES AND DISTANCES: THENE:E ' SOLITH 48'11'37" EAST, 270.27 FEET TO A POINT OF CURVATURE OF A CUF.:VE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 2, 350.t]0 FEET; THENCE SOUTHEASTERLY ALONG THE ARC: OF SAID C:UF.:VE A D I STANCE OF 1U._,,J. 97 FEET THROUGH A C:ENTRAL ANGLE OF 25 ' 15' 2'9"; THENCE SOUTH 22 '56'08" EAST, 732.22 FEET TO A POINT OF CUF-:VATUF.:E. OF A C:UF.:VE C:ONC:AVE TO THE SOUTHWEST HAVING A -RADIUS OF 1, 124. 00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SA I D C:UF-:VE A DISTANC:E OF 750.83 FEET THROUGH A CENTR. AL ANGLE OF 38'16'24"; THENCE SOUTH 15 '20' 16" WEST, 434.07 FEET TO A POINT OF CUF.:VATURE OF A CURVE CONCAVE TO THE EAST HAV I NG A F.:AD I US OF 1,300.0A FEET, THENE:E SOUTHERLY ALONG THE AF:C OF SAID E:URVE A DISTANCE OF 762.03 FEET, THROUGH A CENTF.:AL ANGLE OF o--,, ¢..~ 35' 08"; THENCE SOUTH i8'14'52" EAST, 784.39 FEET TO A F'OINT OF CUR. VATURE OF A CUF.:VE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1,034.87 FEET; THENCE SOUTHEASTERLY ALONG THE AF.:F: OF SA I D CUF.:VE A DISTANCE OF 1,268.96 FEET, THROUGH A CENTRAL ANGLE OF 70 ' i 5' 23" TO THE F'O I NT OF INTEF.:SECTiON WITH THE EASTERLY RIGHT-OF-WAY LINE OF A F'F-:OF'OSED 120.00 FOOT PUBLIC RIGHT- OF-WAY. THENCE DEF'ARTING THE SOUTHEF.:Ly LINE OF SAID PROPOSED "F.:ESERVE BOULEVARD" EXTENSION, SOUTHEASTERLY ALONG THE EASTEF.:Ly LINE OF SA I D PROPOSED PUBL I F: R I GHT-OF-WAY TI4E FOLLOW I NG L-:OUE:SES AND D I STANE:ES: ' THENCE SOUTH 50'56,33', I-JEST, 65.02 FEET; T~tENC:E SOUTH 1~1~ "23' 21" WES-F, ] 0'-3. 2'9 FEET TO A F'OtF.1T OF C:L~F:VATURE OF A CURVE CONCLAVE TO THE EAST HAVING A ~'ADILIS OF 540. C>O FEE]; THEhC:E SOt. I'Ft-tEA% [E. Fq '/ I' I~J[:-I '1 ( ) (~ l"(] I ~.]f' Iii- r' t H:;%'(I'I I It: F' {"H (~ r I IF",/I 7 8 0 P, O[O 1 2 7 EOI'4CAVE !(] Jill: ~;O[JTHWEST HAVING A F'AI)!tJ% [)F i , OGO. ~ x) FEHT, TI IENCE Sou'rttEASTEF.%y ALONG THE AR',-: OF ~'"ID CIJFi:VE A DISTANC:E OF ]~.c,. 22 FEET T-IE:0LIGll A C:ENTPAL AhlGLE OF 06'D'9~ 37"- THENCE DEPAF.:-rlNG THE EAST LINE OF SAID F'F.:ClF'OSED NORTH 85'25' O'.:J" EAST, 7'34.83 FEET; -I'HENL-:E SOUTtt 1,478.88 FEE-F -FO THE F'OINT OF INTERSECTION b.ll'-l'H Tt IE WESTERLY L. INE OF P · '-"' ' ~FOF'.EoAi'D FLORIDA F'ObJEF.: AND LIGHT C:O. Iq:IGH-F-QF-WAY AS REF:OF.:DED Ihl O.F:. BOOK 1'--'0 F'AGES 1'9'-.9 - 2(~1 AND THE F'OINT OF BEGINNING - ' C:ONTAINING 79&.63 ACF.:ES MORE OF-.: LESS. LESS AND EXC:EF'TIh. IG. THEF.:EFF.:OM THE FOLLOWING F'AEF'EL UF'LAND F'F.ESEF'VATION AREA U-7 - DES I GhlATED AS A F'ARCEL OF LAND LYING IN SECTION 22, TOWNSHIF' 36 SOUTH, RANGE 39 EAST, ST. LUE:IE COUNTY, FLOF.:IDA, MOF.:E F'AF.:TIFU AS FOLLOWS: _- L,~RL~ DESF:RIBED BEGIN AT THE NORTHEASTERLY COF-:NEF.: OF THE PLAT OF RESEF.:VE PLANTATION PHASE I, AS REE:OF.:DED IN PLAT BOOK 24, F'AGE 20, F'UBLIC: F.:ECOF.:DS OF ST. LUCIE C:OUNTY, FLORIDA; SAID POINT LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF A 30¢~ FOOT ROAD RIGHT-OF-WAY HERE ~ NAFTER REFEF.:R:ED TO AS RESERVE BOULEVAF.:D, F.:EC:OF.:DED ! N OFFICIAL F.:ECORDS BOOt,'..' 629, PAGE 2523, AND OFFICIAL F.:EC:OF.:DS BOOt,:: 637~, F'AGE 2993, F'UBLIC F.:EC:OF.:DS OF ST. LUC:IE COUNTY, FLOF.:IDA; THENE:E SOUTH 48'1.1'37" EAST, ALOI'4G SAID SOUTHEF.'.Ly T LINE, A DISTANCE OF 2C~0.54.FEET; THENC:E DEPAF.:TING SAID SOUTHEF.:LY RIGHT-OF-WAY LINE ~OUTH 37 ~33' 52" I~E~, 305 21 FE~T; 'THENF:E SOUTH 48 ' 1 ~ ' F:"7,, EAST, '-:'~ ~ "~ ' ~ ' - .... ~- ~,-.... 1.=, FEET; THENCE NOF':'FH 89 ~'?-~ ' '-'8" - ].67.80 FEET; THENCE SOUTH 44"14'20" EAST, 167.21 FEET; THENC:E SOUTH Ofl~C)O'C~,.'_-)" WEST, 162.54 FEET; THENIZ:E SOLITH 45'00'A0" WEST, 158.44 FEET; THENCE SOUTH O0*O0'OC)" EAST, ';-'77. 19 FEET; THENCE SOUTH 44:59' 47" WEST, 164. '96 FEET; THENCE SOUTH 90"0C~'00" WEST, 165.6'9 FEET; THENCE NOF':TH 45'04,08,, WEST, 165.5C) FEET-;~ THEN;-:E NOr. TH O0'00'Cx_]" E~,,_,I, 171.67 FEET~'-THENE:E NOF-:TH 47 '2]'26" WEST, 652.64 FEET TO THE INTEF.'SEF-TION WITH THE ~ ..... .... ' -' ' ~.O,UTHEA,~TEF..L ~. L I NE OF o~ID PLAT OF F.:ESEF.:VE F'LANTATION PHASE I; -[HENCE NOF:TI-IEASTEITLy ALONG SAID SOLJ-FHEASTERLY F'LAT LiNE THE FOLLOWING Di STANC:ES COUPSES ' THEZNC:E NOF:tTH 14 '2'7' 2'?" blEST, 112.08 FEET 'TO A F'Q).NT ON A C:URVE F:ONC:AVE TO TIdE I',.IOI:TTHLdES-F TO Wi-! ] C:lq P', F.:AD t AL L I NE I3EARS SOUTH 1 7 ' :3.~; I B L- 1 il;;,.2E ~tP,',.' l PhS A PAD ! tlS OF 890. C~O FEE]-; Tt-IENC:E R.-I(JFzt-ri-IEAE;'FER:I_',, ALONG TIlE AF,.:C: OF SAID C:LIF;:VE F|[[{'F '1-1 tt..'OU¢31-1 A I.-_;EI',I"I-IqTAL ANGLE t-)F" 34 ' qq, 'C~'-}'"; -iF: r,ICE I--IOF:-i t { :7:~ ? t 1'2 ' 5(~" 1:_--¢'~% 'f', 2'4 E;. ::; 1 P'E~ t ~ ['1 I I I![1 F'O I NT OF BEG!NN] fiG. ' 0 7 8 0 Pt [O i 2 8 · E:L)PII1EF:E:IAL_ -TF'~_ I l~-c.S, Ot.i]tt, A% I'~[ESC:F:]BEI) IN A t4~F:F'~NTY Df~EI) ~5 I~:E,]:OF.~:DEI) I PI OFF I (:i AL PEC:ORDS BOOK 6~31 , P/~,SE'.:; 23'b6~ 'It IF'LIIJGH 2397 F'UBL I C REC:I3F.;DS OF LS-F. LLJC ] E COUNTY, ir I_ { )1:; I DA, [ ¢l~ ] hill P1CIF'I~ [:'AF.:TIC:LJLGRI_y D[~S;C:F'I RISI) GU FOI_LOWS. A F'At;:F:EL OF L~MqD LY.ING WITH!N SECTIONS 2E, AND '2_'7, SOLITH, F.:ANGE ::Y9 EAST, ST. LUE:IE COUNTY, FLOF.tIDA, F:'AI~:TICIJI_AK'I.Y DESE:F.:IBED AS FOLLOt4S: ]'OWNSH I F:' 3£, BE ING MOF.:E C:OMMENCE AT THE NOF.:THEAS'FEF.:Ly CORNER OF "THE F.:ESEF.:VE F'.U.D." AS DESCF.:IBED IN RESOLUTION NO. 84-12;'9 AND F.:EC:OF.:DED IN O.R. BOOt::; 442 PAGES 667 THF.:OLJGH 672 F'UBLIC RECORDS OF ST. LUF:IE ROUNTY, FLOF.:IDA, I_YING ON THE NOF.:TH LINE OF SAiD SEL-:TION '>2; THENCE SOUTH 89'45'33" EAST, ALONG SAID NOF.'.TH LINE OF SEF:TION 22, A DISTANC:E OF 984.94 FEET TO THE NORTHEAST ~2:ORNEF.: OF SAID SEC:TION '":'":' THENCE NORTH 8'D,'-"~',09,, EAST, ALONG -I-HE NOF.:TH LINE OF SAID SECTION 23, A DISTANCE_ OF 95.78 FEET TO THE '~.N-FEF..~EL.T"-'--' ION TO THE WESTEF.:LY LINE OF A FLORIDA POWER AND LIGHT COMPANY F.'.IGHT-OF-WAY, AS REE:OF.:DED IN O.F.'.. BOOt::; 97 F'AGE 504 PUBLIC F':ECOF-:DS OF ST. LUC:IE COUNTY, FLOF.:II)A; THENCE SOUTH 0c~'00' 11" WEST ALONG SAID WESTEF.:LY LIhlE OF THE FLOF.'.IDA POWEF.: AND LIGHT COMPANY F.'.IGHT-OF-WAY, AND ALSO THE WEST LINE OF A FLOF-'.IDA F'OWEF.'. AND LIGHT COMPANY F.'.IGHT- OF-WAY AS F.:EIZ:ORDED IN 0. F.':. BOOK 120, F'AGE 199 THROUGH 201, F"UBLIC: RECOF.:DS OF ST. LUCIE ~2:OUNTY, FLOF.:IDA, A DISTANCE OF 10,532.45 FEET TO A' F'OINT OF INTEF.:SECTION WITH THE F'F-:OF.'OSEI) WESTEF.'.LY RIGHT-OF-WAY LINE OF THE INTERSTATE - 95 INTERCHANGE PARCEL AS DELINEATED BY A DESCRIF'TION AND MAP OF SUF.:VEY OF THE 1-95 ZNTEF.:C:HANGE - F'RIMA VISTA BOULEVARD, PF.:EPAF.:ED BY DAVID W. BETHAM, F'.L.S. WITH FLOF.:IDA C:EF':TIFIE:ATION NO. 3199 WITH ST'. LUC I E WEST THOMAS J. WH I TE DEVELOPMENT CO F.:PORAT I ON, DATED JANUARY 30, ~989 WITH THE FILE NO. 95-1 THF.:OUGH 95-~ CONSISTING OF THREE F~-,ES, WITH THE LAST REVISIONS ON 2-9-89, SAID POINT BEING THE F'OINT OF BEGINNING; THENC:E CONTINUE SOUTH 00~00, 11,, WEST ALONG SAID WESTEF.:LY LINE OF THE FLORIDA F'OWEF.: AND LIGHT COMF'ANY RIGHT-OF--WAY, A DISTANCE OF 214.46 FEET; THENCE NORTH 88 '51'.34" WEST, 1,478.88 FEET; THENCE SOUTH 85~25'09" WEST, 7'94.83 FEET TO THE F'OINT OF INTEF.:SEC:TION WITH THE EASTEF.:LY RIGHT-OF-WAY LIPIE OF A PROPOSED 120.00 FOOT F'UBLIC: F.:IGHT-OF-WAY, SAID F'OINT BEING ON A C:UF.:VE C:ONCAVE TO THE SOUTHWEST AND TO WHICH A RADIAL LINE BEAF.:S NOF.:TH 78'08'28" E.AST, SAID F:UF.:VE HAVING A RADIUS OF 1 OE.¢~. C~(] FEEl'; THENCE NOF:THWESTEF.'Ly '-, - c- ' ' - ' -- ~-,LUN= SAID F'F.:OF'OSED EASTEF.:LY RIGHT-OF-WAY L_INE THE FOr_LOWING C:OUF.:SES AND I)ISTANC:ES: THENC:E, NORTt4WESTEF.:L¥ AL. ONG THE ARc: OF SAID C:UF.:VE A DISTANCE OF 123."22 FEET TFIROUGH A CEI'tTF.:AL ArKSLE i]F 05 '~ "-"-,:, :¢' 37 ". ", THENCE NOF:'rt4 FEI]T '1 (] A PI_-J ] N'T OF E:UI':.:VATUF.:E OF A ~' t IF:'.,'I~ C.:t3r.I.T:AVli. 'T(] 'I I-IE - "~ .... NL-5 . . rE~_-I . [..F~:..-~l ttAVI A RADItJS OF -II-l[~'_klL-_[~' I'tt--IF.']l II.-JC?iTE[::I Y A[_(-)I',I~% ,"'~ IlIS,'I~'I'.II_:[C OI- ;i:-,7'-'.-16-, t--[~_[--'l-, -Fl-I[.:(llh~ll ~", ~'l:r,lll;:¢',l ,'.',lq ii I; (]1 ---',~3 ' 5.-1 ' 2; ~1 "; I~'L~. :"},~ I I [: 'I ~. -Ilti~I',IC[~- I l:l' I fl ~ ltll-:' t't] !1"1 I Id- I rl'l [:-l:'~,;f'l I ! t HI U.I f Il I I I II 7 8 0 I t [0 1 2 9 SOU] ~ lEt'-I_ ',' 1_ ! NE (IF- 'ft C:IJF'VE ((]NC:AVE TO 'l'ttE NQF.:-FHEAST L1NE I)EF~[::S SOUTtt 01 '20' ]'~ "' WE!51 ~ ~:;AIt) F'tlI-TV[~ HhV ] N,.] Cq f::&P ] ti% OF J , 034. B7 FEE]; THENCE DEPART]FIG SAID EASTERLY RIGHT-OF-WAy [_ ] hie L]F THE F'E:DF'OSED F'LJBL ~ C F:Z,3H-r- F,F-bJAY r4Ni) %OtJTt. IE~%TERLY t:~l_ ONL] 'l FIE AE:C QF %~ [ 1) CURVE RND THE BOU~HEF.:Ly L~NE OF' THE SAID "F.:ESEI::VE BC~UI_EV~Iq:I)" EXTENSION, ~ D~ST~NCE DF 28.96 FEETr THROUGH A CENTRAL RNGLE OF OL ~3~' L]"~ THENCE NORTH 89*%3~33" EAST, ~[_ONG THE S~ZD SOUTHERLY LZNE OF SAZD "RESERVE BOULEM~RD EXTENSZON, FEET TO ~ F'O~NT ON THE PROPOSED WESTERLY tq:ZGIq"F-OF-W~y L~NE SAZD ZNTERSTATE - 95 ZNTERCH~NGE F'~RCELT THENCE SOUTHEASTERLY AI_ONG THE PROPOSED WESTERLY R:I GHT-OF--WAY I_ I NE OF SAID INTERCHANiBE F'ARCEL THE FOLLOWING COURSES AMI) DISTANC:ES: THENCE C:ONT I NLIE NORTH 89 '53' 33" EAST, 300. O0 FEET; -I"HENC:E SOUTH C~,:.-)'C)6'27" EAST 64.23 FEET; THENF:E SOUTH 86'06'27" EAST, 744.63 FEET TO A F'OINT OF CURVATURE OF- A CiUF.:VE C:ONC:A',/E TO THE SOUTHWEST HAVING A RADIUS OF 860.93 FEE]'; THENC:E SOUTlaEASTERLY ALONG THE AA','- OF SA I D CURVE A D ISTANC:E OF 838.57 FEET, THF.:OUGH A C:EN-I-F.:AL ANGLE OF 55~48,28'' TO A F'OINT OF F:OMF"OUND CURVATUF.:E OF A CUE:VE CONL-:AVE TO THE SOUTHWEST HAVING A RADIUS OF 1,338.40 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CUF.:VE, A DISTANCE OF OF 96.45 FEET THF.:OUGH A F:ENTRAL ANGLE OF 04:07'44" 'TO THE POINT OF INTEF.:SEC:TION WITH THE ~JESTERLY LINE OF A FLOR I DA F'OWEF.: & L I GHT COMF'ANY R I GH'I--OF-t4AY AS F.:ECOF.:DED IN O.F.:. BOOK 120, F'AGES 199 - 20~ PtJBLIC F.:EC:ORDS OF ST. LUC:IE F:OUNTY, FLORIDA, AND THE POINT OF BEGINNING. AND C:ONTAINING 39.q6 ACF.:ES, MORE OR LESS. PARC:EL I I I F-:ESEF.:VE BOULEVARD - SOUTHEASTEF::L'¢ IEXTENS I ON AS F::EC:OF.:DED I N OFF I C I AL F:E ]:OE:I.)S E:O01::: 62'9, F'AGES 252.3 THROUGH 2526,, F'UBL I C: F-:EF:OF.:DS OF ST. LUL-: I E F:OUNTY, FLOR.: I DA BE I NG MOF.:E I::'AF. T I F:ULAR'L','. DESCF-:IBED AS FOLLOWS. ' - A STRtF' OF LAND, 3,'-),'-~ ...... (-)() FEET ]r.I WIDTH, L[]E:ATFZD IN c-~,El.. .... I I rEINS C: 1 , 22 AND '27i TOWNSlilF' 36 SOUTH, RANISE 39 FAS;T, ~ST. I_IJC:IE C:QLIN-I-Y, FLORIDA, HEF:EINAF]-EK: F:EFERF:ED TC) AS THE SQt. IFtII;CASTE:FI__--. "~- L,.-~T[:N::,[ON- ¢"' Ot':' "F:ESEF:L'E Bt'.d_H_[~ Vf~l;'l}" I;:: ~ GHT-OF-.-bJAY, TI.IF C:[' I', TE]I::'I_ ~ hie OF bll I ] C:II t S [}E ~ NG [)ESF'F' .... I [d]['~ Pl(-q;:t:] PART I C:LILAF'L 'F ¢.~-'c._, FOLI.I.]tJ?;: C:CIMMENCE /:,! l llh- NO[:"It £AE;I'E,r::L_y [iIf:.'I'.[EF: (3F 'l i ti I"t. ;-,I Of-' "1.:[- · P'l._Ar.~-FF:i~[ l('lll t:'th'\E:t- I , ,"c-,.:, I:'E~ I:~F'I}[T[) }I4 F'I ,"':,'1 [~Ot'if .'-I~ t-'¢:'d',l ..',), F'lJiq 'il-: F'fTi Fli::i~-:: /~l:' ~:"]-I'. [_.Iii7 it-- (:l~llp.!-[',./, t-i ,rlt..]])Fi; -IIf[71'l~'t I.I(II.'TII ;;(.' I:.:;' LSI," I ;;{,I i"d id,IF, It11: rI I!:'ltlt]¢q::,ll]l:.l 'r' I]>: It:rl'.,llll'l [d Fill: !i-;("ItJ/ tIl:~"~ rl.["l- ~.,~ Y .~ ifil (Ii" IFIh !~,l[)"" I'1./;! Id "[.'I '.,I t.".;J !'[ ,',1.11 ,~1 l(lll I'lh'~;I 7 8 0i 3 0 I.IJC:IE C:[)UN]Y~ ["[ [;l:.'[D,'ir OF -[HE "INGI:'IZ~]E;~ L~]I.Ec~,)~ LITII_I-IY AND LANI)~CAF'~ E~SE~ENT" F'LIBL J C: F:EC:[)F.:I)S ['F S T. _UC: J E C:[llJNTY, FI_OF':.I l)~, A O i G'FANC:E OF ]50.28 FEE-[' TO THE SAID SOUTHEASTERLy EX]ENSION OF "RESERVE BOLILEVARI)", ALSO BEING THE POINT OF BEGINNING OF SAID CENTEE~LINE; SAID POINT BEIN,_--i A F'OINT IN A C:UE:VE CONCAVE TO THE SOUTHWEST HAVING A F.:ADIUS OF 40C)0.0C~ FEET, TO WHIC[t A F.:ADIAL LINE BEARS NORTH 41 '4,F~'20" EAST; THENCE SOUTHEAS-f'EF.'.L",, ALO1`...IG THE '-:ENTERLI1`4E OF SAID PROPOSED EASTERLY EXTENSION OF "RESEF::VE BOULEVAF:D" F-:IGH-F-OF-WAY, THE FOLLOWING COURSES AND DISTA1`,.IC:ES: THEI',IC:E SOUTHEASTERLY ALONG TFIE AF.:C: OF' SAID F:UF..:VE A DIS'TANCE OF 9.37 FEET THF.:OUGH A CEI'qTF.:AL A1`..IGLE OF C, 0'08'03-; THENCE SOUTH 48'] :1'37" EAST, 270.27 FEET TO A F'OINT OF C:UF.:VATURE OF A CUF.:VE CONC:AVE TO THE SOUTHWEST, HAVING A F.:ADIUS OF '-F'500.00 FEET; THENCE SOUTHEASTEF.:Ly ALONG THE AF'r- OF SAID CLIF.:VE A D I S-FANCE OF 1102. O'D FEET r THF.:OULSH 'A F:ENTRAL A1`,IGLE OF '-"'=: 15' :2'9", THENCE SOLiTH ">2 ' 56, ' ,r~8" EAST, 732.22 FEET TO A F'O I NT OF CUF.:VATUF.:E OF A-CUF.:VE CONCAVE TO THE SOUTHWEST, HAVING A F..-:ADIUS OF 1274· oO FEET; THENCE SOUTHEF.:LY ALOI'4G THE ~F._. OF SAID F:URVE A DISTANCE OF 85:1.03 FEET THF.:OUGH A F:E1`,.ITF.:AL P, 1`,.IGLE OF 38'1G'24"; THENCE SOUTH 15:20' 16" WEST, 434.07 FEET TO A POINT OF C:UF-:VATUF.:E OF A C:UF-:VE C01`,ICAVE TO THE EAST, I'-IAV:[NG A F.:ADIUS OF l150.,:)C~.FEET; THENCE SOUTHEASTEF.:Ly ALONG THE '" '-' ,-,F._. OF SAID CUI-';:VE A DISTANCE OF E.,7q. ll FEET, THF.:OUGH A CENTF.:AL A1`,IGL E OF c.c.., 35 ' 08" THENCE '-' ~ · =,E UTH :18 ' 14' 5'-'" '-" "-' ; - -" EAST, 78q.3'-9 FEET TO THE POINT OF TERMINATION. BOUND I1',1 THE 1`,IOt::::-FHI..JEST BY A NOI".--r',.~,DIAL L.'[I',.IE -INA]- BE~--,F'.S SOUTF-I 38:13'56" WEST. BOUNDED 11''4 THE S -- -,".c . OUII4E~.T BY A LINE THAT B EAST. ~--":---. NOF.:-FH 71 "q5' C:'8" CONTAINING ~'-. 45 ~,]:RES, PI~qRE OF.: I_ESS. 1168142 7 8 0 / ,4 £0131 Rec Fee $ ¢ ~,,.~, DOUGLAS DIXON Dbc Assump $~ A,C St. Lucie County Doc [~x Clerk ~r~it~Courl Int T~ $, '~ By~ ~ . 1.176253 ORDINANCE NO. 92-11 (FORMERLY 91-26) AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDINGARTICLE II (LICENSURE) OF CHAPTER 1-13.3-~MOTOR CARRIERS) BY: AMENDING SECTION 1-13.3-16 (DEFINITIONS) TO ADD A DEFINITION FOR BOARD AND DELETE DEFINITION FOR GRANTOR; AMENDING SECTION 1-13.3-17 (PERMIT REQUIRED; EXEMPTIONS) TO PROVIDE AN EXEMPTION FOR THE OPERATION OF VEHICLES UNDER A ST. LUCIE COUNTY CERTIFICATION OF PUBLIC NEED AND NECESSITY; AMENDING SECTION 1-13.3-18 (SAME - APPLICATIONS; CONTENTS; INVESTIGATION) TO PROVIDE ADDITIONAL APPLICATION REQUIREMENTS; AMENDING SECTION 1-13.3- 19' (SAME -- ISSUANCE; PRIOR NOTICE OF APPLICATION) TO CLARIFY THE STANDARDS FOR GRANTING LICENSES; AMENDING SECTION 1-13.3-20 (SAME; INSURANCE REQUIREMENTS) TO CLARIFY THE REQUIRED INSURANCE COVERAGE; AMENDING SECTION 1-13.3-22 (RENEWAL OF PERMITS; EVIDENCE OF CONTINUING COMPLIANCE) TO CLARIFY THE INSURANCE COMPLIANCE REQUIREMENT; CREATING SECTION 1-13.3-24 (OPERATOR REQUIREMENTS; FAILURE TO COMPLY) TO PROVIDE OPERATOR REQUIREMENTS AND TO PROVIDE FOR REVOCATION OR DENIAL OF PERMITS FOR FAILURE TO COMPLY WITH THE REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 7, 1986, the Board of County Commissioners adopted Ordinance No. 86-37 codified as Article II of Chapter 1- 13.3 (the "Motor Carrier Ordinance"), St. Lucie County Code of Ordinances and Compiled Laws, which established standards, requirements, and procedures for granting licenses to motor carriers. added. ~---~---"~-7--~ passages are deleted. -1- Underlined passages are 7 8 E; 72,m 2. On December 23, 1986, the Board adopted Ordinance No. 86- 74 further amending Chapter 1-13.3 of the Code. 3. It is in the best interest of the safety and welfare of persons employing the services of a motor carrier to further amend .Chapter 1-13.3 of the Code to clarify certain application and review procedures; to establish certain requirements which must be met by all motor carrier permit holders and applicants for permits; and to provide for the revocation or denial of such permits for failure to comply with these requirements. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-13.3-16 (DEFINITIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-16 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Section 1-13.3-16 Definitions. For the purpose of this chapter, the following definitions shall apply: Applicant means an individual, partnership, association, or corporation who applies for a ~~~ ^~ ~ ~ ~ public ccnvcnicncc .... perm~ ~- ~ ursuant to e terms of this article. In the case of partnerships, associations, and corporations, "applicant" shall also mean each individual with a partnership interest, each associate and the corporate officers and director. - r---.: passages are deleted added. --2-- Underlined passages are 0786 PAnEl 720-¥ Board means the St. Lucie County Board of County Commissioners. Chauffeur means a duly licensed driver registered with tko grantor St. Lucie County to operate a motor vehicle. Compensation means a return in money, property, or anything of value. ...... ~, Florida. Motor carrier means an individual, partnership, association, corporation, or other entity that owns, controls, operates, exercises dominion over, or manages any motor vehicle, as defined herein, and which holds itself out as engaged in the business of providing passenger transportation services to the public for compensation. Motor vehicle or vehicle means every vehicle or machine of eighteen-passenger capacity or less, excluding the driver, propelled by other than muscular motive power, used upon the public streets for public passenger transportation including, but not limited to: (1) Taxicabs, moaning means a motor vehicle designated to accommodate not more than five (5) passengers, exclusive of the driver, operated for compensation and the route or destination is controlled by the passenger therein. (2) Limousin~,- moaning means any motor vehicle that is engaged for the exclusive use of the passenger, which -.r"c.: through passages are deleted. added. -3- Underlined passages are OR O 7 8 6 i 7 2 ! BK provides seating accommodations for not less than six (6) and not more than eight (8) passengers, exclusive of the driver, and where the route or destination is controlled by the passenger. (c) Van~ .... .......... ~ means any motor vehicle which provides seating accommodations for not less than nine (9) and not more than eighteen (18) passengers, exclusive of the driver, operated for compensation, and the route or destination is controlled by the passenger therein. Operator means the holder of a permit issued pursuant to this article. Street means any public street, avenue, road, boulevard, alley, lane, highway, sidewalk, public park, viaduct, or other public place located within the unincorporated area of St. Lucie County. The fact that words in this chapter are phrased in the singular or plural, in any certain gender, or in any tense shall not prohibit the applications of its provisions as common sense and the context require. PART B. AMENDMENT OF SECTION 1-13.3-17 (PERMIT - REQUIRED; EXEMPTIONS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-17 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Sec. 1-13.3-17. Permit - Required; exemptions. (a) It shall be unlawful for any motor carrier to use, drive, ......... p g ............. assa es are de e ed. added. -4- Underlined passages are , ° 0786 722 or operate or to cause or permit any person to use, drive, or operate any motor vehicle upon the streets within the -~ ~ ..... ~-- unincorporated area of St Lucie County without first obtaining a permit pursuant to the provisions of this article; provided, however, that this section shall not apply to the following: (1) (2) (3) (4) (5) Discharge of any passenger picked up outside the j .......... un ncor orate area o St. Lucie County, provided that the pickup and carriage of such passenger were legally authorized; or Operation under a valid certificate of public convenience issued by the Interstate Commerce Commission; Operation of a limousine by licensed embalmers, morticians, or employees, for funerals; and funeral directors, or their purposes directly related to Operation of privately owned buses engaged in intercity transportation. Any party who holds a certificate of public convenience and necessity issued by the city commission of the City of Fort Pierce, Florida, which was originally issued prior to the effective date of Ordinance No. 86-37, and who files evidence "~-"-" ~----~ passages are deleted added. Underlined passages are OR 7 8 $ PAr E ! 7 2 3 of insurance with the grantor pursuant to the requirements of section 1-13.3-20 after September 1 of each year, but on or before October 1 of each year. (6) Operation of a motor vehicle under a valid certificate of public convenience and necessity issued by St. Lucie County. A motor carrier exempt from the requirements of this section -rantcr Board by providing fully legible shall register with the ~ copies of appropriate certificates, permits, licenses, and other authorization; its legal and trade name; and its local or Florida business address. (b) Any permits issued pursuant to the provisions of this article shall be valid for one (1) year only and shall expire on September 30 of each year. PART C. AMENDMENT OF SECTION 1-13.3-18 (SAME - APPLICATIONS; CONTENTS; INVESTIGATION.) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-18 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Sec. 1-13.3-18. Same - Applications; contents; investigation. Every application for a permit, every application for amendment to a permit, and every application for approval of transfer of a permit hereunder shall be in writing, signed and r~ and shall be filed with the sworn to by the applicant, ~-..~v~A- Board as provided for herein. The application shall be on ~ .... ~' through passages are deleted. Underlined passages are added. 7 8 E; PZO[I 7 2 a form provided by the .... ~^- Board and shall contain the following: (1) (a) If an individual, name, address and date of birth of the applicant, and names and addresses of all management personnel; (b) If a partnership or association, names, addresses and dates of birth of all partners or associates, and names and addresses of all management personnel; or (c) If a corporation, name of corporation, date and state of incorporation, verified copy of registration to do business in the state, address of corporate headquarters in Florida, or name and address of resident agent if foreign corporation, names, addresses of all corporate officers, directors, and management personnel. (d) All previous addresses for the five (5) years preceding the date of application for all individuals, partners, corporate officers, directors and management personnel. (2) The class of transportation service which the applicant desires to furnish, including whether taxicab, limousine, or other, a brief description of the kinds and types of vehicles, seating capacity of the vehicles, seating arrangements, and size and gross weight thereof. (3) The trade name under which the vehicles will be operated. (4) Evidence of insurance as required in section 1-13.3-20. (5) A record of all crimcs (cxc!uding traffic violaticns~ cf '"~ ~ .... ~~ h~s ~ ........ ~ and all business and ~ .... " ~ ..... ~ passages are deleted added. -7- Underlined passages are o,0786 w 6E1725 personal bankruptcies, within five (5) years preceding the date of the application. Partnership, association and corporate applicants shall provide this information for all partners, associates, corporate officers and directors. in~ividua!. For the applicant and all chauffeurs employed by the applicant, the followinq shall be provided: (a) ,(b) lc) (d) Name, address and date of birth; Set of fingerprints; Two (2) current passport-type photographs; Copy of current State of Florida commercial driver's license. (e) A record of all crimes resulting in convictions. One (1) photograph from each set of photographs shall be returned to the applicant upon issuance of a permit and shall be affixed to an identification badge to be worn by all chauffeurs while in the course of their employment by applicant. The grantor Board shall promulgate rules and regulations regarding such badges pursuant to section 1-13.3-22. It shall be the continuing duty of the applicant to provide the information set forth in this subsection for all chauffeurs employed by the applicant subsequent to the issuance of a permit. This information shall be provided prior to the employment of any such chauffeur. ~-..~1. ~ ~h passages are .... rcu- dele%ed. added. -8- Underlined passages are OR , 0786 726 (7) A statement indicating whether applicant has paid current annual State of Florida license tax on motor vehicles for hire for all motor vehicles to be used by applicant and whether appropriate license tag is affixed to each such vehicle. (8) Each original application or application for an amendment r~^~ the amount prescribed by shall be accompanied by a fee in ~ .... j .... ~^~ Board~ and c~ ~--~- ~ resolution of the ~ ............. ~ ............ ~ ..... '-- Ail such fees are nonrefundable. (9) A list of all motor carrier certificates, permits, or authorizations granted or denied to the applicant by a governmental entity within the preceding three (3) years, and a list of all failures by the applicant to perform on a motor carrier contract, franchise, or license within six (6) years preceding the date .of application. Partnership, association, or corporate applicants shall provide this information corporate officers and directors. (10) A description of the for all partners, associates, geographic area proposed to be served by the applicant. This should be expressed as either a fifty (50) or two hundred (200) mile radius out from the applicant's base of operations. The administrative staff of the Board shall investigate each application and report its findings and recommendations to the Board. The Board may require such further investigation or additional information as may be necessary to be adequately "~ ' th gh pa g ...... rou ssa es added. are deleted. --9-- Underlined passages are OR ,0786 [1727 informed about the applicant's proposed operations and the public need for the service. Such reports shall be a part of the record from which the Board makes his decision. PART D. AMENDMENT OF SECTION 1-13.3-19 (SAME - ISSUANCE; PRIOR NOTICE OF APPLICATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-19 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Sec. 1-13.3-19. Same - Issuance; prior notice of application. (a) The Board shall give notice of filing of any application pursuant to this article by publishing, at the applicant's expense, legal notice in a newspaper of general circulation in St. Lucie County. Such notice shall be in substantially the following form: Notice of Application for Permit to Operate Taxicab/Limousine Services Notice is hereby given that, pursuant to Article II of Chapter 1-13.3 of the Code of Ordinances of St. Lucie County, Florida, (name of applicant), whose business address is , has made application to the Board of County Commissioners for a permit to operate a taxicab or limousine service in the unincorporated areas of St. Lucie County. The board will consider the application at its regular meeting to be held in ~t~% the County Commission Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, at 9:00 a.m. on . Dated this day of Board of County Commissioners St. Lucie County, Florida (b) The ~oard shall consider an application filed under this article at a regular meeting held no sooner than fourteen (14) days following publication of the notice of filing the application. -.r---~ ~ ..... ~ passages are deleted Underlined passages are added. -10- OR , 0786 OE1728 to t~:-.~ -~"~-~^~. The Board shall issue a permit if the Board determines that the application complies with the requirements of this Article and that the issuance of a permit is consistent with the requirements of this Article. (d) Each permit issued hereunder shall be signed by the chairman or vice-chairman of the Board and attested to by the clerk. PART E. AMENDMENT OF SECTION 1-13.3-20 (SAME; INSURANCE REQUIREMENT) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Section 1-13.3-20. Same - Insurance requirement. (A) Before any permit or permits are issued to conduct operations, the motor carrier shall file evidence of insurance with the~_..~- Board providing for public liability and property damage coverages on each motor vehicle to be operated undcr said ~-^-~:~:~~~ in the following amounts: (1) Taxicab: Not less than twenty-five thousand dollars ($25,000.00) per person and fifty thousand dollars ($50,000.00) per incident as to public liability, and property damage coverage in an amount not less than twenty-five thousand dollars ($25,000.00). "& ' ~ ~ deleted - - ..........~ -.=~ passages . ....... are added. -11- Underlined passages are 078G PZ E1729 (2) L;mousine: Not less than fifty thousand dollars ($50,000.00) per person and one hundred thousand dollars ($100,000.00) per incident as to public liability and property damage coverage in an amount not less than fifty thousand dollars ($50,000.00). (3) Van: Not less than one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per incident as to public liability, and property damage coverage in an amount not less than one hundred thousand dollars ($100,000.00). (b) Evidence of insurance shall be executed and filed with the~.-...v~A- Board by the insurance carrier in a form or forms pt .... ~^- Board. ~"~ The insurance carrier or acce able to the ~ ............ . company shall qualify as an insurance company authorized to transact business in the State of Florida. At a minimum, the evidence of insurance shall show: (1) the type and amount of coverage; (2) the effective date of the coverage; and (3) the effective radius of the coverage. (c) The insurance coverage required hereunder shall be effective throughout the area served by the applicant. No permit shall be issued prior to the effective date of the coverage. Such insurance shall be kept in full force and effect by the permit ........... ~.. passages are deleted. added. -12- Underlined passages are 7 8 G 7 3 0 holder at all times· Failure to have same in full force and effect shall immediately and automatically suspend all permits issued hereunder until evidence of compliance with this section has been filed in the proper form and amounts as herein provided· Such insurance shall provide that the permit holder's insurance coverage may neither expire nor be cancelled prior to thirty (30) days after .... ~-- Board receives written notice of the expiration or the ~ ....... cancellation from the insurance carrier· (d) A motor carrier may qualify for a portion of the required insurance under this section in an amount not to exceed fifty thousand dollars ($50,000·00) by obtaining a certificate of self- insurance from the Florida Department of Highway Safety and Motor Vehicles, pursuant to Florida Statutes, Chapter 324 , aa ~ -~ : .......... Co es of the self-insurance certificate and all reports required by the Florida Department of Highway Safety and Motor Vehicles shall be delivered by the motor carrier to the Board PART F. AMENDMENT OF SECTION 1-13.3-22 (RENEWAL OF PERMITS; EVIDENCE OF CONTINUING COMPLIANCE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-22 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended as follows: Section 1-13.3-22. compliance. Renewal o£ permits; E ~vidence of continuing (a) After September 1 of each year, but before October 1 of each year, every holder of a permit issued pursuant to this article shall submit the following information for renewal of permits and ..... ~.. passages are deleted. added. -13- Underlined passages are 7 8 6I 7 3 1 as evidence of continuing compliance with the provisions of this article: ~ ~ Evidence of insurance in the amount and (1) A ccr~ifica~c coverage required by section 1-13.3-20. ~.~*-""'~. ~, ~v~ ..... ~_..~ A list of all chauffeurs_ employed by the holder of the permit after the date of issuance of the current permit and employed on the date of application for renewal of the permit· (3) A renewal fee in the amount prescribed by resolution of the Board· (b) The permit shall be renewed only · if a permit holder fails to demonstrate~ continuing compliance with the provisions of ....... ~^~ ~" ~ .... ~ ...... ~ Otherwise, the this article~, permit shall be subject to revocation as set forth in section 1- 13.3-21. PART ~. CREATION OF SECTION 1-13.3-2~ (OPERATOR REQUIREMENTS; FAILURE TO COMPLY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-13.3-24 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: Sec. 1-13.3-24. Operator requirements; failure to comply. (a) Any permit holder or applicant for a permit, including all chauffeurs employed by the permit holder or applicant, shall meet all of the following requirements: (1) Be at least eighteen (18) years of age; 12) Hold a valid State of Florida commercial driver's added. passages are deleted -14- Underlined passages are °"0786 732 added. (3) license of the appropriate classification for the vehicle driven; Have no conviction or plea of guilty or nolo contendere, within the Drecedinq five (5) years to any of the followinq: a. Any crime involving the sale or possession of controlled substances as defined in Section 893.02, Florida Statutes (1989); Any crime defined by Chapter 796, Florida Statutes (1989), related to Drostitution; Any offense relatinq to drivinq under th~ influence as set forth in Section 316.193, Florida Statutes (1989). (4) Have no conviction, or plea of guilty or nolo contender., to any criminal offense or felony involving the use of deadly weapons unless thn civil riqhts of the applicant, permit holder or chauffeur have been restored and the applicant, permit holder or chauffeur, can demonstrate rehabilitation and good moral character and fitness to the satisfaction of the Board; /~ Have no revocation or suspension, within th~ precedinq three (3) years of a State of Floridn driver's, chauffeur's or commercial driver's license; through passages are deleted. -15- Underlined passages are 078G P OE1733 (6) Have no more than two (2) traffic infractions resulting in accidents in the preceding three (3) years. (7) Have no more than four (4) convictions of movinq traffic movinq violations in the precedinq eight (8) years. (b) Failure to comply with the provisions of this section shall result in denial of a permit, revocation or suspension of a permit, a denial of a renewal of a permit, or other such remedies available to the Board. PART H. 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 I. SEVERABILITY. 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. ..........- --~.. passages are deleted. added. -16- Underlined passages are oR 078G PA~T J. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County. PA~T K. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART L. EFFECTIVE DATE. This ordinance shall take effect on April 7, 1992. PART M. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AWE PART N. CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word ""ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts H to N shall not be codified. "& .... '- ~ ..... ~ passages added. are deleted. -17- Underlined passages are 0786 735 PASSED ll~ID DULY ADOPTED THIS ATTEST: 1.176253 '92 I~i1 21 p~:Z7 S1. LUCIE CoUsi "(. FL. {' "~ .... " ~ ..... ~ passages are deleted. added. -18- Underlined passages are ~0786 ~lffl 736 Doc Assump $ . . St. Lucie . ~mty~.~ Doc Tax S ..... ~k Cir.! Co~ Iht T~ ~, .... ~, ~ O~ZH~C~ NO. 92-~6 ~ ORDINANCE AM~NDZNG SECTION Z-2-16(a)(TERNZNAL INCENTIVE PAY FOR ACCUNUL~TED ~ID ~SgD SICK Lg~) OF ~TZ~Lg (OFFICERS ~D ~PLOYE~S) OF C~TER 1-2 (~NZNZST~TZON) OF THE ST. LUCZE ~O~TY CODE OF O~ZN~CES~D CONPZ~D~HS, BY ELZNZN~TZNG SHERIFF, T~O~gCTOR, PROPERTY~P~ZSgR, ~Lg~ OF CIRCUIT CO~T, SUPERVISOR OF ELECTZONS~D ZTS~PLOYEES OF SUCH OFFICES FRON THE TE~ "CO~TY ~PLOY~ES OF ST. LUCIg co~g,, ~ usg~ z. s~z~ sgc~zoe; ~.~z~ sgc~zoe 1-2-z6 (a) (1) ~o co~c~ ~ scaz~.ga g~oa z. 1-2-16(a)(1); ~NDZNG SECTION 1-2-16(a)(2) TO C~Gg Tag N~ OF TaR PORT ~D ~Z~PO~ AU~HO~Z~ ~0 S~. LUCZE CO~ POa~ ~D ~ZRPO~ ~U~HORZ~'ZN 1-2-16(a)(2); ~NDZNG 6BC~ZON 1-2-16(a)(~) ~D THE ST. LUCZE CO~TY NOS~UZTO CONTROL DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SE~ILITY~ PROVIDING FOR ~PLI~ILITY~ PROVIDING FOR FILING WITH THE DEP~NT OF STATE} PROVIDING FOR EFFECTI~ DATE~ PROVIDING FOR~OPTION~ ~D PROVIDING FOR CODIFI~TION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On March 21, 1978, the Board of County Commissioners of St. Lucie County, passed and adopted Section 1-2-16 of Article II of Chapter 1-2. The purpose of the ordinance was to provide incentive pay for accumulated and unused sick leave. 2. In view of the fact that Section 1-2-16 of Article II of Chapter 1-2 of the St. Lucie County Code of Ordinances defines "county employees of St. Lucie County" as employees of the Sheriff, Tax collector, Property appraiser, Clerk of circuit court and Supervisor of elections and this section providing for terminal incentive pay conflicts with each offices' personnel guidelines, it is appropriate to amend this section so that they shall no longer be included in the term. 3. It is also appropriate to amend Section 1-2-16(a) to add Struck ~ ..... ~ ...... ~.. passages are deleted. Underlined passages are added. --1-- ° 0788 086 the St. Lucie County Mosquito Control District, change the name of the Port and the Airport Authority to St. Lucie County Port and Airport Authority and correct a certain scrivener's error. The amendment of Section 1-2-16 of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, as indicated is in the best interest of the public welfare of the citizens of St. Lucie County, Florida. NOW THEREFORE, BE IT O~DAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2-16 (TERMINAL INCENTIVE PAY FOR ACCUM%~-~TEDANDUNUSED SICK LEAVE) OF ARTICLE II (OFFICERS AND EMPLOYEES) OF CHAPTER 1-2 (ADMINISTRATION) OF TEE CODE OF ORDINANCES OF ST. LUCIE COUNTY. Section 1-2-16 of Article II of Chapter 1-2 of the Code of Ordinances of St. Lucie County is hereby amended to read as follows: Sec%ion 1-2-16 Terminal incen%ive pay for accumula%ed and unused sick leave (a) The term "county employees of St. Lucie County" as used in this section shall include all employees of the following: (1) Board of eC_ounty eC_ommissioners; (2) Fcrt Picruc St. Lucie County Port and Airport Authority; (3) St. Lucie County Erosion District; St. Lucie County Mosquito Control District ...... · ~.. passages are deleted. added. -2- Underlined passages are ,° 0788 P 6[I 0 +7 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. SEV~RABILITY 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. APPLICABILITY This ordinance shall be applicable throughout St. Lucie County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTH~NT 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 F. EFFECTIVE DATE. -~ruc.: thrcugh passages are deleted. added. -3- Underlined passages are 0 0788 P, 6E'I 0/ 8 This ordinance shall take effect upon adoption of the Board of County Commissioners PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner R. Dale Trefelner ABSENT Commissioner Havert L. Fenn AYE PART H. 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 H shall not be codified. Struck through passages are deleted. added. -4- Underlined passages are PASSED AND DULY ENACTED this 21st day of April, 1992. ATTEST: · i .~' D~u~y Clerk SO.aD OF COUNT~ CO~m~~S ST. LUCIE COUNTY, FL~DA U Cha~rman'~ ~PP~OWD~AS T.O Fom~ ' Count:y 1178514 ~ HAY-4 A8:38 SI. LUCIF Cr,.!'~.: ~ added. passages are deleted. --5-- Underlined passages are ~0788 P~6EI 050 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 1193025 ORDINANCE NO. 92-17 Doc Assump $ ,.,~._ $l. Lucie County Doc ]ax $ Clerk Circuit Coud Int I~ $ By,~ ~ Total $.~'~ Deput Clink AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING CHAPTER 11 (ADMINISTRATION AND ENFORCEMENT); CHAPTER 12 (DECISION MAKING AND ADMINISTRATIVE BODIES); CHAPTER 13 (BUILDING REGULATIONS AND PUBLIC WORKS CONSTRUCTION MANUAL) BY AMENDING SECTION 11.02.05(a)(1) TO CORRECT A TYPOGRAPHICAL ERROR; BY AMENDING SECTION 12.06.01 (JURISDICTION, AUTHORITY AND DUTIES)/TO PROVIDE THAT THE COMMUNITY DEVELOPMENT ADMINISTHATOR SERVE AS THE BUILDING OFFICIAL UNDER THE STANDARD BUILDING CODE; BY AMENDING SECTION 13.00.01(B)(2) (AMENDMENTS) TO PROVIDE THAT THE COMMUNITY DEVELOPMENT ADMINISTRATOR MAY GRANT EXTENSIONS TO THE NINETY (90) DAY COMPLIANCE PERIOD; BY REPEALING SECTION 13.03.02 (PRESENCE OF REQUIRED PERSONNEL) WHICH WOULD DELETE THE REQUIREMENT TO HAVE A LICENSED JOURNEYMAN PLUMBER PRESENT ON A CONSTRUCTION SITE FOR WHICH A PLUMBING PERMIT HAS BEEN ISSUED AND SECTION 13.04.04 (PRESENCE OF REQUIRED PERSONNEL) WHICH WOULD DELETE THE REQUIREMENT TO HAVE A LICENSED JOURNEYMAN ELECTRICIAN PRESENT ON ~?.T. CONSTRUCTION SITES FOR WHICH AN ELECTRICAL PERMIT HAS BEEN ISSUED; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FORAN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION· WHEREAS, the County, Florida, Board of County Commissioners of St. Lucie has made the following determination: On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. On March 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-03. On May 14, 1991, the Board of County Commissioners adopted certain amendments to the St. Lucie County Land Development Code, through Ordinance 91-09. Strikc Thrcugk is for deletion Underline is for addition 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 10. 11. On November 7, 1991, the Board of County Commissioners adopted certain additional amendments to the St. Lucie County Land Development Code, through Ordinance 91-21. In the subsequent usage of this code, is has been determined that additional changes are necessary in order to correct certain grammatical problems, to provide greater clarification or to compensate for omissions. The amendment approved on November 7, 1991 included the creation of Section 13.03.02 (Presence of Required Personnel) which provides that a plumbing contractor, master plumber (non-contractor) or journeyman plumber must be present on a construction site for which a plumbing permit has been issued during the performance of the work for which the permit was issued, and Section 13.04.03 (Presence of Required Personnel) which creates a similar requirement for the presence of an electrical contractor, master electrician (non-contractor) or journeyman electrician on construction sites for which electrical permits have been issued. The Board of County Commissioners has determined that it is in the best interest of the residents of St. Lucie County to repeal Sections 13.03.02 and 13.04.03 of the Land Development Code. On April 23, 1992, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News at least 15 fifteen (15) days prior to the hearing and recommended that the proposed ordinance be approved. On May 19, 1992, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on May 11, 1992. On June 2, 1992, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News on May 11, 1992. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. £trik-~ Thrcu~k is for deletion Underline is for addition 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FO?.?.OWS: 11.02.05 REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR PLANNED DEVELOPMENTS A. REVIEW OF PRELIMINARY SITE PLANS An application for preliminary and final site plan shall be submitted to the Community Development Administrator in a form established by the Administrator along with an applicable frcc fee as established in Section 11.12.00. 12.06.00 OFFICE of the COMMUNITY DEVELOPMENT ADMINISTRATOR 12.06.01 Jurisdiction, Authority and Duties 50 The Community Development Administrator shall serve as the Building Official as called for under the Standard Buildinq Code described in Section 13.00.01. 13.00.00 BUILDING CODE 13.00.01(C)(2) (Amendments) The Community Development Administrator 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 Community Development Administrator to be equal to the cost of demolition, removal or repair, in order to bring the building into compliance with Standard Building Code, as amended and adopted by St. Lucie County. The Bond shall be conditioned on bringing the relocated building into compliance with the Standard Building Code within ninety (90) Strik= Thrcugh is for deletion Underline is for addition 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 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 buildings. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair done. The Community Development Administrator, actinq as the Buildinq Official, may qrant reasonable extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the DeveloDment Administrator that the delay in gompletinq the required ~mprovement has been caused by matters beyond the control of the owner or house mover. 13.03.00 PLUMBING CODE 13.04.00 ELECTRICAL CODE 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. SEVERABILITY. 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 Strik= Thrcugh is for deletion 4 Underline is for addition 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable County's jurisdiction. throughout St. Lucie PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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 F. EFFECTIVE DATE. This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger NAY Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner ABSENT PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, 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 Darts B through H shall not be codified. ' £trik~- Through is for deletion 5 Underline is for addition 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PASSED AND DULY ENACTED this 2nd day of June, 1992. OR92-17.ord(g) DJM Strikc Thr_~ugh is for deletion Underline is for addition 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 '~ 38 39 40 '. 41 ) 42 · .~43 48 49 50 51 52 Doc A~..., ~ i; $~ ~,~, ~ ~, Doc Tax ORDINANCE NO. 92 - 018 Fzt.~. NO; PA-gl- 004 AN ORDINANCE CHANGING THE FUTUR~LAND USE DESIGNATION OF THE ST. LUCZE COUNTY CONPREEENSZV~ PLAN FOR CERTAIN PROPERTY ZN ST. LUCZE COUNTY, FLORIDA; PROVIDING FOR FZNDZNG~ OF CONSISTENCY; AUTHORIZING AMeNDmENTS TO THE FUTURE LAND USE NAPS OF THE COMPREHENSZVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEV~I~.BZLZTY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTNENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEP~%S, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Ft. Pierce Land Trust by Agent Michael Houston presented a petition for a change in Land Use from RU (Residential Urban) to RM (Residential Medium) for the property described in the Part A below. The St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing on the petition on August 22, 1991, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail the owners of property within five hundred (500') feet of the subject property, and has recommended that the Board approve the hereinafter described request for change in Land Use from RU (Residential Urban) to RM (Residential Medium) for the property described in Part A below. On September 24, 199, this Board, through Resolution 91-183, authorized the transmittal of this petition for further agency review in accordance with the provisions of Chapter 163, Florida Statutes. On March 24, 1992, this Board held a public hearing on the petition, after publishing notice of such hearing in the Ft. Pierce News Tribune and the Port St. Lucie News on March 16, 1992, and notifying by mail all owners of property within 500 feet of the subject property. 7 8 5 P E2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION The future land use classification set forth in the St. Lucie County Comprehensive Plan for the property described as follows: The N 1/2 of the sw 1/4 of the NE 1/4 of the SW 1/4 of Section 10, Township 36 south, Range 40 East, St. Lucie County Florida, less rights-of-way for drainage canals and public roads. ALSO described as the North 5 acres of the sw 1/4 of the NE 1/4 of the SW 1/4 of Section 10, Township 36 South, Range 40 East, less rights-of-way for public roads and drainage canals. ALONG WITH: The south 1/2 of the sw 1/4 of the NE 1/4 of the SW 1/4 of Section 10, Township 36 South, Range 40 East, ALSO described as the South 5 acres of the sW 1/4 of the NE 1/4 of the SW 1/4 of said Section 10, St. Lucie County, Florida. owned by Ft. Pierce Land Trust, as Trustee, be and the same is hereby changed from RU (Residential Urban) to RM (Residential Medium). B. FINDING OF ~ ~ I CONSISTENCY This Board specifically determines that the approval of this in the Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Polices.11.1.3.6 and 11.1.3.7 of the Capital Improvements element which ~dentify this approval as a Preliminary Development Order and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. C. CHANGES TO FUTURE LAND USE MAP~ The St. Lucie County Community Development Administrator is hereby authorized and directed to cause the changes to be made in the Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D_~. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to 7 8 5 P t]E2 0 0 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 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. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinances. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDIN~%~CE This Ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEP~TM~NT OF CO~.IUNITY ~FFAIR~ The County Attorney shall send a certified copy of this Ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE This Ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this Ordinance has been filed in that office. J.ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Jim Minix AYE Vice-Chairman Jack Krieger AYE 0785 E2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Commissioner Commissioner Commissioner Judy Culpepper AYE Havert L. Fenn AYE R. Dale Trefelner ABSENT PA~SED A~D D~Y ADOPTED this 24th day of March, 1992. BOARD OF COUNTY ST. LUClE BY: APPROVED AS TO FORM/~%ND COmm;T _SS / ) OR92-018 (e) DJM { 0785 P4 2008 Doc Tax J Clerk Circuit Cou~ Clerk ORDINANCE NO. 92-20 1186001 AN ORDINANCE REPEALING ARTICLE I (WATER AND SEWER UTILITIES REGULATION) OF CHAPTER 1-20.5 (WATERAND SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; PROVIDING FOR CONTINUATION AND AUTHORITY OF THE ST. LUCIE COUNTY WATER AND SEWER AUTHORITY AND RATIFICATION OF PRIOR ACTIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On September 8, 1987, the Board adopted Resolution No. 87-172 rescinding the jurisdiction of the Public Service Commission over private water and sewer utilities within St. Lucie County. 2. Also on September 8, 1987, the Board adopted Ordinance No. 87-46 creating Article I (Regulation of Water and Sewer Utilities) of Chapter 1-20.5 (Water and Sewer) of the St. Lucie County Code of Ordinances and establishing the St. Lucie County Water and Sewer Authority as the entity responsible for the regulation of private water and sewer utilities within St. Lucie County. 3. Section 1-20.5.23 of Ordinance No. 87-46 provides that the Water and Sewer Authority may be abolished upon the adoption of an ordinance repealing Article I of Chapter 1-20.5 of the St. Lucie County Code of Ordinances. At the same time, the Board must adopt a resolution requesting that the Public Service Commission resume jurisdiction pursuant to Chapter 367, Florida Statutes, over private water and sewer utilities within St. Lucie County. ~ .... " ~ ..... ~ passages are deleted. Underlined passages are added. --1-- · 4. With theacquisition of General Development Utilities by St. Lucie County and the County's proposed acquisition of St. Lucie West Utilities, North Hutchinson Services and Holiday Pines Service Corporation, it is in the best interest of the citizens of St. Lucie County that Article I of Chapter 1-20.5 of the St. Lucie County Code of Ordinances be repealed, that the St. Lucie County Water and Sewer Authority be abolished, and that jurisdiction over private water and sewer utilities within St. Lucie County be returned to the Public Service Commission effective October 1, 1992. 5. Continuation of the existence and authority of the St. Lucie County Water and Sewer Authority through September 30, 1992 is authorized by the broad home rule powers of Chapter 125, Florida Statutes and Chapter 367, Florida Statutes, and is in the best interest of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE I (REGULATION OF WATER AND SEWER UTILITIES) OF CHAPTER 1-20.5 (WATER AND SEWER) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES Article I of Chapter 1-20.5 is hereby repealed effective October 1, 1992, in its entirety: et k ~ ..... ~ passages are deleted. added. --2-- Underlined passages are Chapter 1-20.5 WATER AND SEWER ARTICLE I. REGULATION OF WATER AND SEWER UTILITIES SECTION 1-20.5-1. Title and Authority. ......... * 4- .~^ o4- ~"-~ ~ 4-~ 4- . Utiliti Florida ~ 4- = 4- ity added. passages are deleted. -3- Underlined passages are :~,,:.. 7 9/~. ,r..'~E0 0 2 5 -rcvi_in- service an~ U-Ch - . ....... ~ ~ ........ .~ ...... ~ prcpcrty. --Jith thcir cpcraticns; o~ .... ~ ~ ..... ~ passages are deleted. added. --4-- Underlined passages are o~ .... 1. ~N ..... ~ passages are added. -5- Underlined passages are oRn _~.r--c_ k through passages are deleted. added. --6-- Underlined passages are Struck thrcugh passages are deleted. added. --7-- Underlined passages are QRO 7 9/~ PAEO 0 ? 9 mc=',~crc. ~ .... '- "'~' ..... "' passages are deleted. added. --8-- Underlined passages are cn_cavcr= ....... ...c _oar_ to bo boncficial to ~ ....... ..... r nccc-car- ~ .......... pcrformanoc of ~.~"-'- through passages are deleted. added. --9-- Underlined passages are ....... vff- thc vf ^ "cc ~-"-~- thrcugh passages are deleted. added. -10- ~mf'l ? 0 ' Underlined passages are 4- I e~ .... ~' ~N ..... N passages are deleted. added. -11- Underlined passages are oRn _ ., r:,~u 0 3 3 ......... , ...c nccd ~A_ =crvicc in the tcrritcry _~ , ~ ~* .... '- ~ ..... ~ passages are deleted. added. -12- Underlined passages are ~,~0 7 9 i~. PAO[O 0 3 L.~ ,A~ ~"~-:t an affidavit and to thc Auth=r -...~. = .... · =.ay -c -rcscri-c~ ~ o~ .... ,. ~ ~ deleted ..... passages ..............~ ~ are . added. -13- Underlined passages are applied for. cr -;:ith mc_i~ica~icnu cr it may deny --- ccr.i~ica;c. ~-.~ ..... ~A ~ .... ~ ~N- .._bl nccdo of thc ......... rcacc-- c public acti=n. ----~-"-..'- ~N...v- ..... N passages are deleted added· -14- Underlined passages are ~-,'~' ...... T~ ~ Authcrity deco not rcccivc wri~t~..A- c-4cc~j t4cn ~ Struck tkrcu~h passages are deleted. added. -15- Underlined passages are ~-= .... .d~d ccrtificate ~ ~ ....-~" ~....~-~..~ passages are deleted. added. -16- Underlined passages are ~:~, 7 9 !~ ~[0 0 3 8 cA ~n :cccr_ancc with _cc.icn 1-20.5-~. th~-t_f~ bccn authorized tc ccrvc, .~ ............... ~--~ 4-ha ~4. ...." 4.~ ..... ~ deleted ~ ......... --.- ~ passages are . added. -17- Underlined passages are /.3~ ~ .... ~ ~ ..... ~ passages are deleted. added. -18- Underlined passages are iJ ~, ~' ..... c .... t ......t~ .......... ~ cc- ri_u.-'~n----:n-~-' -c.-ccnz.ruc.icn zhall uzcd ~^ ~ ncr ...... dc-rccia.icn cn cuch __..-~-~-~utc~.~__ _ accc~c __- ~ .... ~"-~ ~ tility from any pcrucn cr= ....... ~- ..... - ...... mcn~-i ~-"~'- tkrcugh passages are deleted. added. -19- Underlined passages are ~ncrca=c Ar dccrcaso that h = ~ .... nc~ ~ s authcriucd -~ rc cc. A ra.c ...... fl ~ ...c ==tun ....... o~ .... ,. ~ ..... ~ passages are deleted. added. -20- Underlined passages are ~4- ....u 4-~ ..... ~ deleted ..... u.. passages are . added. -21- Underlined passages are ~'A'~, ::ct%-ith:tanding anything ~..crci-.. 4-~.v ~..~ .... ....... ." ..... =, a ; -- I 4 .... .1: ~ .... '- thrcugh passages are deleted. added. -22- Underlined passages are may in lieu : .... c -Ch-. Thc Struck tkrcu~h passages are deleted. added. -23- Underlined passages are until thc cffcctivc ~_t of ~4. ~ 4.~ ..... ~ deleted ..... passages ...... are added. -24- Underlined passages are o~F1 .ruc.: through passages are deleted. added. -25- Underlined passages are ................ ~ ....... rcqu rcd ratc c -c.urn .......~ . passages added. are deleted. -26- Underlined passages are ~...~-~..~ passages are deleted. -27- Underlined passages are ..... ircmcn.u and thc official d ~ A~ .~_ .~ a.c ~ filing ~ .... ~ ~ ~ deleted ..... passages ......... ~.. are . added. -28- Underlined passages are ~ ~ ~" ~- ~--~- °-~- Dr nk ng Watcr..c. ~ ~ an- thc ~ .... " ~ ..... ~ passages are deleted. added, Underlined passages are utility. hid rcquc:t ~ .... u th ~h p g ~ rcu assa es added. are deleted. -30- Underlined passages are ~-, = ~ , ...c munio alitic: or TM .~ ~ u ~ ~ deleted ......... passages .............. are added· -31- Underlined passages are O&--.---1. ~-~. ..... ~ passages are deleted added. -32- Underlined passages are _/"" .L" A" A --~ ~A A4~ Z3'A~M-~ ~ ~ .... '- ~ ..... ~ passages are deleted. added. -33- Underlined passages are o~ ' ~ ..... ~ deleted ..... passages ...... are added. -34- Underlined passages are PART B. CONTINUATION AND AUTHORITY OF THE ST. LUCIE COUNTY WATER AND SEWER AUTHORITY; RATIFICATION OF PRIOR ACTIONS The Authority shall continue to operate through September 30, 1992 pursuant to the provisions of Ordinance No. 87-46, as amended. All actions taken by the Authority prior to the effective date of this ordinance are hereby ratified and approved. The Authority O~ .... 1. thrcugh passages are deleted. added. -35- Underlined passages are shall conclude its operations and wind up its affairs by October 1, 1992. PART C. 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 D. SEV~RABILITYANDAPPLICABILITY. 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 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 Administrative Code & 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 Office of the Secretary of State that this ordinance has been filed in that office. ..... passages added. are deleted. -36- Underlined passages are :',"'.'0 7 o I'AO!'0 0 5 S PART G. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice-Chairman Jack Krieger AYE Commissioner Judy Culpepper ABSENT Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE PART H. 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 19th day of May, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA' BY: ~ APPROVED AS TO FORM A~ ~-, '..- '92 JIJ I -8 gll '1 1 CORRECTNESS; ' ~ R~ (~.,-t. COUNTFATTORNEY Underlined passages are Struck through passages are deleted. added. -37- ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY APPRAISER IN CONNECTION. WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest of the health, safety and public 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: I I 0 ~'h ©o e~ .... ~' ~ ..... ~ passages are added. deleted. 1 Underlined passages are PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V Development Ad Valorem Tax Exemptions) to read as (Economic follows: Chapter 1-19.3' TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Requlations of St. Lucie County, Florida." o O O 0 0 Section 1-19.3-52.. Enactment and Authority. ~ursuant to S~ction 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination 'are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, voting on the question in a referendum, authorize the adoption of such ordinance. ~e~..~- ~..~ passages are deleted. added. 2 Underlined passages are · ~ection 1-19.3-53. Jurisdiction. The area subiect to this Ordinance shall be incorporated and unincorporated St. Lucie County. Sec%ion 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and general welfare require the harmonious, orderly and progressive development of new business and expansion of existing business within Florida and its incorporated municipalities and counties. In furtherance of this general purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative ~ode, are authorized and empowered to adopt, amend' or revise and enforce measures relating to economic development ad valorem tax exemptions for new business and expansion of existing business· It is the intent'of this Ordinance to secure or to ensure: The establishment of criteria for granting such exemptions to certain types of businesses or industries or for denying exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Commissioners. No precedent shall be implied or inferred by the qranting of an exemption to a new or expanding business. Applications for exemptions shall be considered by the Board of.County Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. Any exemption granted shall apply up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tanqible personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an ............. gh passages added. are deleted. 3 Underlined passages are 0 0 0 .51- existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. Any exemption shall be up to a full ten (10) year period from the time the exemption is granted. No exemption shall be granted on the land which new or expanded businesses are to be located. No exemption shall be granted on school or water management district taxes, or on taxes levied for payment of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. 0 0 0 Section 1-19.3-55. Definition of Terms. The following words, phrases and terms shall have the same meanings attributed to them in current Florida Statutes ~nd the Florida Administrative Code, except where the context clearly indicates otherwise: 1. Applicant - Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board - The St. Lucie County Board of Commissioners. 3. Business - Any activity engaged in by any person, corporation or company with the object of private or public gain, benefit, or advantage, either direct or indirect. 3.1 New Business - a. A business establishing 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, Underlined passages are e~ .... ~ ~ ..... ~ passages are deleted. added. 4 N 0 b~ compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturing plant; A business establishinq 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined .by s. 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business enq~qed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b; or An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or more full-time employees of such corporation; provided that such business or office -first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 0 0 0 0 ~ .... ~' ~ ..... ~ passages are deleted. added. 5 Underlined passages are 3.2 d. Any business located in an area designated enterprise zone that first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existing Business a. A business establishinq 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturinq plant; or Any business establishinq 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resultinq in a net increase in emploYment of not less than 10 percent or 0 0 0 0 Struck added. tkrcu~h passages are deleted. 6 Underlined passages are an increase in productive output of not less than 10 percent. No business enqaqed in retail operations as defined herein shall be eliqible for an exemption pursuant to this subsection b. c. Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business enqaqed in retail operations - a business enqaqed in a sale to a consumer or to any person of an item of tanqible personal property for any purposes other than for resale. Department - The Florida Department of Revenue. Improvements - Physical chanqes made to raw land, and structures placed on or under the land surface. All personal property acquired to facilitate an expansion of an existinq business provided that the personal property is added or increased on or after the day the ordinance is adopted. However, persona] ~roDert¥ acquired to replace existing property shall not be considered to facilitate a businesses .expansion. Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state durinq the ............. ~h passages are deleted. added· Underlined passages are taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation). Section 1-19.3-56. ~eneral. The Econom~c Development Ad Valorem Tax ExemPtion is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To aDDlV 0 0 0 for such an exemption a business locating or expanding in the corporated or unincorporated area of St'. Lucie County must file an application (Florida Department of Revenue Form DR-41~,- See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be qranted by the Board. The exemption granted under this Ordinance shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizinq this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, Struck tkrcugh passages are deleted. Underlined passages are added. 8 0 ,,] · the Property Appraiser shall report to the Board concerning the fiscal impact of granting exemptions. The Property Appraiser's Report shall include the following: The total revenue available to the County for the current fiscal year from ad valorem tax sources. The amount of revenue foregone by the County for the current fiscal year because of economic development ad valorem tax exemptions previously granted. 3. An estimate of the amount of revenue which would be foregone for the current fiscal year if the exemption is granted to the new or expanding business. 4. A determfnation that the business meets the definition of a new or expanding business as defined in this Ordinance Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. After consideration of the report of the Property Appraiser, the Board may choose to adopt an Ordinance granting the tax exemption to a new or expanding business. The Ordinance shall be adopted in the same manner as any other ordinance of the County. The Ordinance shall include the following information; !. The name and address of the new or expanding business. 2. The amount of revenue available from ad valorem tax sources for the current fiscal year, revenue foregone for the current fiscal year because of economic development ad valorem tax exemptions currently in effect, and the amount of estimated revenue which ~ould be ioreqone because of the exemption granted to the new or expanding business. The expiration date of the exemption. (Up to ten years from date of Board adoption of the Ordinance granting the exemption) A finding that the business meets the definition of a new business or an expansion of an existing business. 0 0 0 N 0 ~ .... ~- ~ ..... ~ passages added. are deleted. Underlined passages are 9 ~? The Board's authority to revoke an exemption if the business no longer satisfies the criteria for the exemption. Section 1-19.3-58. Fees. Fees charged to offset the cost of processing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be. adopted by the Board by resolution. Section 1-19.3-59. Eligible Business or Industry. Any business or industry, as defined in Section 1-19.3-55, Paragraph 3.1 and 3.2, that does not qualify as an ineligible business or industry as defined in Section 1-19.3-60. When considering the issue of whether or not a business or industry is an eligible business as defined herein, the Board shall consider the anticipated number of employees, average wage, type of industry or business, environmental impacts, volume of business or production or any other information 'relating to the issue of whether the proposed development would significantly improve economic development in St. Lucie County prior to accepting the Economic Development Ad Valorem Tax Exemption Application. The criteria for determining the length of an exemption and the percentage amount of an exemption may be formulated by the Board by resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who. establish permanent domicile pursuant to Florida Statutes. o 0 0 0 0 e~ .... ~' ~ ..... ~ passages are deleted added· 10 Underlined passages are Section 1-19.3-60. Ineligible Business or Industzwf. Any business or industry in violation of any federal, state, or local law or requlation governinq environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to qrant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is subject only to ~udicial review pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. 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. o o o 0 0 ~..~' thrcugh passages are deleted. added. 11 Underlined passages are 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 only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART G. Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word .... ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. o 0 0 0 W ...... ~.. passages added. are deleted. 12 Underlined passages are PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ATTEST: BOARD OF COUNTY COMMISSI~ON~K~?,? ST. LUCIE COUNTY, FLORIDA APPR~AS TO FORM COUNTY ATT~ 0 0 0 -~°~ ....~.." through passages are deleted.. added. 13 Underlined passages are N.t2lmO , , ECONO 'DEVELOPMENT AD VALORE~ _ :.2 KEMPTION Chapter 196. Florida Statutes '~Oolsir,0~lll flll~to take~lthlffKt.the Board of County Commissione~, the governing board of the municipality, or both, no later than Ma~h 1 of the year the e~emDtlon Is Business Neme and Mailing A'*clress: Please give name and telephone number of Owner or Person in Charge of this business: Telephone Number Exact Location (Legal Description and Street Address) of Property for which this return is filed: 4. Date you began, or will begin, business at this facility: S. a. Description of the improvements to real property for which this exemption is requestecl:, 0 0 b. Date of commencement of construction of improvements: E. a, Description of the tangible personal Property for which this exemption is requestecl ancl '*ate when property was, or Is to be, purchasecl: TAXPAYER'S OF TAXPAYER'S § APPRAISER'S DATE CONDITION F.~TIMATE OF = OF ORIGINAL '~ · ~ FAIR MARKET: ; USE ONLY C~5 OR ITEM AGE PURCHASE COST ~ ~ o VALUE o c i b. Average Value of Inventory on han,~: e Any.aeldltlonal Personal property not listed above for which an exemption is ctalme'* must be returnecl on form DR-4.0$ (Tangible Personal PropertY Tax Return) ancl a copy ettachecl to this form. ?. Do you desire exemption as a "flew Business" [] or as an "Expansion of an Existing Business" ~ Describe the Type or Nature of Your Business: 9. TraOe Level (Check as many as apply): Retail [] Wholesale [] Manufacturing [--] Professional [] Service [] Office ~ Other Number of full-time employees to be emDIoye'* in FIoH'*a If an expansion of an existing business: (1) Net Increase in EmPloyment,, 11. Total sales in FIori'*a from this facility-One (1) location only or. divl~kd Dy Total sales everywhere from this facility-One (1) location only For office space owned and used by a corporation newly clomicllecl in Flodcla: Date of incorporation in Florfcla: Number of Full*time employees at this location: If requesting an exemption clue to location in a slum or blighted area, please furnish such aclditional information as requlrecl by the County Commission, City Commission, or Property APpraiser. I hereby request the acloption of an orclinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florl'*a ·tatutes. I agree to furnish such other reasonable information as the Board of County Commlssioner~, the governingauthorlty of the municipality, or the Prop- IMl~,~Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is tnae0correct, ~ complete to the best of my knowle'*ge ancl belief. (if prepared by someone other than the taxpayer, his '*e~laration is based on all information of which he ~ any knowle'*ge.) DATE: SIGNED: (Preparer) SIGNED: {[Taacpa ye r) (Preparer's Address) TITLE: L (Preparer°s Telephone NumPer) PROPERTY APPRAISER'S uSE ONLY Total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources: Revenue lost to the county or or municipality for the current fiscal year by virtue of exemptions previously granted under this section: Estimate of the revenue which would be lost to the county or municipality '*uring the current fiscal year if the exemption applied for were granted had the P~t~41rerty for which the exemption is requested otherwise been subject to taxation: Estimate of the taxable value lost to the county or municipality if the exemption applie0 for were granted: ~l~rovements to real property Personal Property., I ~ave Determined thai the property listed above meets the definition, as defined by Section 1 96.012C14) or (1 5), Florida Statutes. as a New Business a~'-~em~vsion of an Existin~ Business ~ ~ or Neither ~_~ . II'ATE; .... SIGNED: ~'I'~LU~N TO BE FILED NOT LATER TIIAN MARCH 1 ,., ' ' . &TTACHHENT 1 ~te~ae r t y AD praiser) ',. O~ BOOK 082~ PAGE 261 4 ~ - :~ GENERAL INFORMATION · Under the consitutional amendment passed by the voters of Florida on October 7, 1980. tax exemptions can be granted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow exemptions for that city or county. Section ]96.1995, Florida Statutes, requires that a referendum be held if: (1) Thc Board of County Commissioners or governing authority of a municipality, (city or county commission) votes to hoic such a referendum, or (2) If lhe county, or city commission receives a petition signed by ten percent of the registere~ voters of the county or city. This referendum question can then be placed before the voters of a city or county at any' regular election or special election called for voting on the tax incentive referendum or for any, other purpose. If thc voters authorize exemptions, a company must first meet the definitions of a new or expanding business: New Business A manufacturer which establishes ten or more full-time iobs. (b) A business with more than 50% of its sales outside the ~tate of Florida which establishes 25 or more .iobs. (c) Office space of a new Florida corporation housing 50 or more full-time employees of the 'corpc.- ration. (The above are applicable if the business is on a site clearly separate from any, other facility owned by tht same company.) (d) Anv business located in a slum or blighted area as defined by Section 163.355. Florida Statutes. Expansiofi of an Existine Business lal A manufacturer that adds a minimum of ten new employees and increases employment by 1097 or increases productive output by a minimum of 10%. (b) A business with more than 50% of its sales outside the State that adds a minimum of 25 new em- Floyees and increases employment by 10% or increases productive output by,' a minimum of 105. The expansion must be on the same or a colocated site of the business' current operations. l;f a business meets one of the above definitions as anew or expanding business, it must then file this applica- tion with the county or city commission or both. ~fter the city or county commission receives this application, it must submit the application to the county property appraiser for review. After the property appraiser makes the report as to the fiscal irffpact of granting the ,~emption, the county or city commission shall then adopt an ordinance in the usual manner-granting the exemption. if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also. a business must pay, taxes that were voted by the voters of a ciD' or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tan~ble persona/property. The Dad on which the new or expanding business is to be located will still be taxed and *.r, 's must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that ~overnmental body. A city can only exempt its taxes' a county can only exempt its taxes. All other taxes must be paid: This exemption shall first apply to the 1981 assessment rolls. STATUTORY DEFINITIONS ~l~etion i;3.3~.0(7), Flori~ta Statutes. "Slum 8rea" means an area in which there is a pre- ~omlnance of Puildings or improvements. wl~etner resit~entlal or nonresiOential, which by reason of dilapidation, deterioration, age or ob$olescenance InaOecluate provision for ventila- tion. light, air, sanitation, or open spaces, nigh eenslty of population and overcrowding, the ex- Istence o1 conditions which enoangaer lite. or pro- ~tetlncluency, or crime and is Oelrlmental to the ~ubliC health, safety, morals Or welfare. '*Blighted area" means an area in which ii, ere are a substantial numPer of slum, deteri- ~Bl'ated, or deteriorating structures and conditions ~Ch endanger life or property Dy fire or otner ~ or one or more o¢ the following factors · eqllch substantially impairs or arrests the sound ~rowth of a COunty or municipality and is a menace to the puPliC health, safety, morals, or ~el/are In Its present condition and use: ~) Predominance of detective or inadequate Street tayou~.; ~1~). Faulty lot layout in relation to size, · Quacy, accessibility or usefulness: 41:) Unsanitary or unsafe conditions: ~1~ deterioration of site or other improve- ments; ~e) Tax or special assessment clelinQuency ex- · a'ed in9 the fair value of the land; and ~f) Diversity of ownership or defective or un- usual conditions of title which prevents the free ~a~bility of land within the deteriorated or · e~tion 196.011(1), Florida Statutes - Failure to ~ear. Section 196.012{14) ant] (15), Florida Statutes, j4{a) "New Pusiness" means: ~.~ A ~ou~ioess estaPtisning 10 or more jobs to eWlplOy 10 or more full-time employees in F~i~rit;~, which manui'actures, processes, com- ~ounos. fabricates, or produces for sale items of (2) Any business estaplishing 25 or more lops to employ 25 or more full-time employees in Florida, the sales factor of which, as defined Dy s. 2~4.71 (3), for the facility with respect to which It requests an economic Oevelopmen! valorem tax exemption is less than 0.50 for each year the exemption ts clalmeb; or (3) Any office space in FloriOa owned eno use0 by a corporation newly domiciled in F'loriOa {d} Any business located in an area designated slum or Plighted area pursuant to s. 163.355. For the purpose Of this section, the terms slum area in s. 3.63.340('/) eno (8). (~5) "Expansion Of an existing business" means: (a) A business establishing 10 or more )ODS to employ )0 or more full-time employees in tangible personal property at a fixed location and which comprises an industrial or manufact- uring plant;or {.iD) Any business establishing 25 or more jobs to employ 25 or more full-time employees in Florida, whose sales factor as deflneo Dy S. 234.7](3) for the facility with resPeCt to which tax exemption is less than 0.50 lor each year the On a slte colocated with a commercial or inOust- less than ~0 percent or an increase in proOuctive output of not leSS than 10 percent. Section 214.71{3), FloriCla Statutes - Sales Factor (3) The sales factor is a fraction the numer- ator of which is the total sales of the taxpayer in this state Ouring the taxable year or period and period. Dad to a purchaser within this state, regardless of the f.o.o, point or other conditions of the sale. 2. When citrus fruit is delivered Dy a cooPer- ative for a grower-member, by a grower-mempe' to a cooperative, or DY a grower-particiPant to a Florida Processor, the sales factor for such grow- ers for such citrus fruit delivere¢l to such proces-' sar shall be the same as the sales factor for the (D) Sales of a financial organization, including. ~ affiliateP group (determined unOer S. 150~.(a) ~:fDO ~10o~[ UP i111 lib Ilill IIIII lib IIIII IHIi IIIii !1111 IIIHI i ORDINAI~CE NO. 92-25 AN ORDINANCE ~M~IENDING SECTION 1-20-32 (CIVIL PEN~%~TIES) OF DIVISION 2 (ILM~DIC..~PED, FIRE LANE, PROPERTIES OWNED OR LEASED BY COUNTY, ROAD RIGHTS-OF-WAY OWNED OR LEASED BY STATE, PARKING PROHIBITED) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC), OF TEE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY INCREASING THE FINE FROM ONE HUNDRED T~O AND 00/100 ($102.00) TO T~O HUNDRED FIFTY ~.~D 00/100 DO~ ($250.00) AND CLARIFYING TEE DISTRIBUTION OF TEE FINE IN ACCORDANCE WITH SECTION 316.008(4), FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 125.01, 316.006, and 316.008, Florida Statutes, grant the Board of County Commissioners jurisdiction over the public streets, highways, roadways, and parking areas in the unincorporated areas in St. Lucie County and all parking areas located on property owned or leased by the County. 2. On December 4, 1990, this Board adopted Ordinance No. 90- 34 to add Division II (Handicapped, Fire Lane, Properties Owned or Leased by County, and Road Right-of-Way Owned or Leased by State) to Article II (Stopping, Standing, and Parking) of Chapter 1-2 (Traffic) of the St. Lucie County Code of Ordinances. The new Division II included Section 1-20-27 (Public Parking Spaces for ~.O o~ 13o . O, mo ~ .... " ~ ..... ~ passages are deleted. added. Underlined passages are Certain Handicapped Persons) and Section 1-20-32 (Civil Penalties) which established the requirements for parking in handicapped parking spaces and the fines for violating such requirements. 3. Section 1-20-32(1) provides for a civil penalty of one hundred two and 00/100 dollars ($102.00) for violation of Section 1-20-27 and further provides that two and 00/100 dollars ($2.00) of each such fine shall be credited to the Criminal Justice Trust Fund of St. Lucie County pursuant to Section 943.25(13), Florida Statutes. 4. Section 316.008(4), Florida Statutes, provides that a county may enact a handicap parking ordinance providing that such ordinance may provide for the deposit of such fines in a separate county account to be used in the following manner: (a) one-third (1/3) to defray expenses for the administration of the ordinance, and (b) two-thirds (2/3) to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. 5. On January 21, 1992, this Board adopted Ordinance No. 92- 07 which amended Section 1-20-32 (Civil Penalties) of the St. Lucie County Code of Ordinances to provide for distribution of the fine for handicapped parking violations in accordance with Section 316.008(4), Florida Statutes by providing for ten and 00/100 dollars ($10.00) of the one hundred two and 00/100 dollars ($102.00) fine to be used to provide funds to improve accessibility Struck thrcugh passages are deleted. added. --2-- Underlined passages are 0 and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs 6. The 1991 Florida Legislature amended Section 318.21, Florida Statutes, to provide that a county will receive fifty-six and four tenths percent (56.4%) of a civil penalty received by a county court after deducting two and 00/100 dollars ($2.00) to be paid to the Department of Health and Rehabilitative Services for the Child Welfare Training Trust Fund and the Juvenile Justice Training Fund. Six and 00/100 dollars ($6.00) are also deducted for court costs. Pursuant to the formula set forth in Section 318.21, the County receives fifty-one and 89/100 dollars ($51.89) from each penalty assessed for violation of Section 1-20-27 from which two and 00/100 dollars ($2.00) is deposited into the Criminal Justice Trust Fund pursuant to Section 943.25(13), Florida Statutes. 8. It is appropriate for this Board to amend Section 1-20- 32 to increase the total funds available for the physically disabled accessibility and awareness program from ten and 00/100 dollars ($10.00) per violation to one hundred fifty and 00/100 dollars ($150.00) per violation by increasing the civil penalty for violation of Section 1-20-27 from one hundred two and 00/100 dollars ($102.00) to two hundred fifty and 00/100 dollars ($250.00) and to further clarify the distribution of the funds made available for the program. NOW, THEREFO~E, BE IT ORDAINED by the Board of County 0 o~ ' ~ ~ d 1 d ............. ~.. assa es are e ete added. --3-- Underlined passages are Commissioners of St. Lucie County, Florida: PART A. A~ENDI~NT OF SECTION 1-20-32 OF DIVISION II OF ARTICLE I OF CHAPTER 1-20 Section 1-20-32 of Division I of Article I of Chapter 1-20 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: Section 1-20-32. Civil penalties. (1) Any person who stops, parks, or stands a vehicle in violation of the terms of Section 1-20-27 of this Ordinance shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty of =zz two hundred ~e fifty and 00/100 ($102.00250.00) dollars. Two and 00/100 ($2.00) dollars of this penalty shall be credited to the Criminal Justice Trust Fund of St. Lucie County pursuant to Section 934.225(13), Florida Statutes. .Ch ..... 150.00) of this m One hundred fifty and 00/100 dollars ($~n penalty shall be used to provide funds for a physically disabled accessibility and public awareness proqram ...... · ............ ~ ~--= ...... z ........ ~ ....... as follows: (a) One-third (1/3) to defray expenses for administration of the proqram. (b) Two-thirds (2/3) to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct ~ .... ~- ~ ..... ~ passages are deleted. added. --4-- Underlined passages are O o 0 H public awareness programs in the county concerning physically disabled persons. PART B. CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucia 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. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucia County's jurisdiction. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon December 1, 1992. O O 0 added. passages are deleted. --5-- Underlined passages are PART G. PENALTIES. St. Lucie County shall have the right to sue in civil court to enforce the provisions of this ordinance. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Havert L. Fenn AYE Commissioner Judy Culpepper AYE Commissioner Jack Krieger AYE Commissioner R. Dale Trefelner AYE PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word ""ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to I shall not be codified. 0 PASSED AND DULY ADOPTED THIS 20th day of October, 1992. ATTEST: DE added. are deleted. Underlined passages are -6- APPROVED AS TO FORM AND CORRECT~ES/S~ ~ ///~ COUNT~ORNEY 0 0 0 0 e~ .... " ~ ..... ~ passages are deleted. added. --7-- Underlined passages are ORDINANCE NO. 92-24 AN ORDINANCE AMENDING CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY CREATING ARTICLE V (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS) RELATING TO ST. LUCIE COUNTY, FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR CERTAIN NEW AND EXPANDING BUSINESS PROPERTIES; PROVIDING DEFINITIONS AND REQUIREMENTS; PROVIDING PROCEDURES FOR APPLICATION FOR EXEMPTION; SPECIFYING DUTIES OF THE PROPERTY ..APPRAISER IN CONNECTION WITH SUCH PROPERTY; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY AND APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 196.1995, Florida Statutes, provides the Board of County Commissioners may hold a referendum granting Economic Development Ad Valorem Tax Exemptions under Section 3, Article VII of the State Constitution. 2. This Board believes that amending Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, by creating Economic Development Ad Valorem Tax Exemptions for a new or expanding business is in the best interest/of the health, / safety and public 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: ~.0 omo oon~ o~ O, added. passages are deleted. Underlined passages are PART A. AMENDMENT OF CHAPTER 1-19.3 (TAXATION) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA. Chapter 1-19.3 (Taxation) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended by creating Article V (Economic Development Ad Valorem Tax Exemptions) to read as follows: Chapter 1-19.3 TAXATION ARTICLE V. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Section 1-19.3-51. Short Title. This Ordinance shall be known as County Ordinance No. 92-24, "Economic Development Ad Valorem Tax Exemption Regulations of St. Lucie County, Florida." 0 0 * 0 Section 1-19.3-52. Enactment and Authority. Pursuant to Section 3, Article VII of the State Constitution and in accordance with Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, incorporated municipalities and counties individually or in combination are authorized and empowered to adopt, amend or revise and enforce an ordinance relatinq to economic development ad valorem tax exemptions, after the electors of such municipality or county, votinq on the question in a referendum, authorize the adoption of such ordinance. . passages are deleted. added. Underlined passages are Section 1-19.3-53. Jurisdiction. The area subject to this Ordinance shall be incorporated and unincorporated St. Lucie County. Section 1-19.3-54. Purpose and Intent. The public health, safety, comfort, economy, order, convenience and general welfare require the harmonious, orderly and progressive development of new business and expansion of existing business within Florida and its incorporated municipalities and counties. In furtherance of this general purpose counties by Chapters 125, 163, 192, 196 and 214, Florida Statutes and Florida Department of Revenue Rules, Chapter 12D-7, Florida Administrative Code, are authorized and empowered to adopt, amend or revise and enforce measures relating to economic development ad valorem tax exemptions for new business ~nd expansion of existing business. It is the intent of this Ordinance to secure or to ensure: The establishment of criteria for granting such exemptions to certain types of businesses or industries or for denying exemptions on a rational, nonarbitrary, nondiscriminatory basis by the Board of County Commissioners. No precedent shall be implied or inferred by the qranting of an exemption to a new or expandinq business. Applications for exemptions shall be considered by the Board of County Commissioners on a case-by-case basis for each application, after consideration of the Property Appraiser's report on that application. Any exemption granted shall apply up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business and all tangible personal property of such new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property which additions are made to facilitate the expansion of an added. passages are deleted. Underlined passages are 3 0 existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. Any exemption shall be up to a full ten (10) year period from the time the exemption is granted. No exemption shall be granted on the land which new or expanded businesses are to be located. No exemption shall be granted on school or water management district taxes, or on taxes levied for payment of bonds or taxes authorized a vote of the electors of the County pursuant to Sections 9 or 12, Article VII, of the State Constitution. 0 0 0 Sec%ion 1-19.3-55. Definition of Terms. The following words, phrases and terms shall have the same meanings attributed to them in current Florida Statutes and the Florida Administrative Code, except where the context clearly indicates otherwise: 1. Applicant - Any person or corporation submitting an Economic Development Ad Valorem Tax Exemption application to the Board. 2. Board - The. St. Lucie County Board of Commissioners. 3. Business - Any activity engaged in by any person, corporation or company with the object of private or public gain, benefit, or advantage, either direct or indirect. 3.1 New Business - a. A business establishing 10 or more jobs to employ 10 or more full-time employees in this manufactures, processes, Underlined passages are County, which Struck thrcugh passages are deleted. added. 4 0 be compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturing plant; A business establishing 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s. 220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b; or An office space in this state owned and used by a corporation newly domiciled in this County; provided such office space houses 50 or more full-time employees of such corporation; provided that such business or office first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. 0 ~ .... '~ through passages are deleted. added. 5 Underlined passages are 3.2 d. Any business located in an area designated enterprise zone that first beqins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. Expansion of Existinq Business a. A business establishinq 10 or more jobs to employ 10 or more full-time employees in this County, which manufactures, processes, compounds, fabricates, or produces for sale items of tanqible personal property at a fixed location and which comprises an industrial or manufacturing plant; or Any business establishinq 25 or more jobs to employ 25 or more full-time employees in this County, the sales factor of which, as defined by s.220.15(5), Florida Statutes, for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed provided that such business increases operations on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or be ~ .... '- tkrcugh passages are deleted. added. 6 Underlined passages are O O an increase in productive output of not less than 10 percent. No business engaged in retail operations as defined herein shall be eligible for an exemption pursuant to this subsection b. c. Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. 3.3 Business engaged in retail operations - a business engaged in a sale to a consumer or to any person of an item of tangible personal property for any purposes other than for resale. Department - The Florida Department of Revenue. Improvements - Physical changes made to raw land, and structures placed on or under the land surface. All personal property acquired to facilitate an expansion of an existinq business provided that the personal property is added or increased on or after the day the ordinance is adopted. However, persona] property acquired to replace existing property shall not be considered to facilitate a businesses expansion. Sales Factor - A fraction the numerator of which is the total sales of the taxpayer in this state during the ~r'-c.- ...... ~h passages are deleted· added. Underlined passages are taxable year or period and the denominator of which is the total .sales of the taxpayer everywhere during the taxable year or period. (See Section 220.15(5), Florida Statutes for specifics of computation). Section 1-19.3-56. General. The Economic Development Ad Valorem Tax Exemption is a local option tax incentive for new or expanding business which may be granted or refused at the sole discretion of the Board. To apply 0 for such an exemption a business locating or expanding in the corporated or unincorporated area of St. Lucie County must file an application (Florida Department of Revenue Form DR-418 - See Attachment 1) with the Board. Satisfactory proof that the business meets the criteria for exemption as a new business or expansion of an existing business as defined by this Ordinance must accompany the Application. The Application shall be filed on or before 1 March of the year in which an exemption is requested. Exemption from County tax may only be granted by the Board. The exemption granted under this Ordinance shall not accrue t~ improvements to real property made by or for the use of new or expanding businesses when such improvements have been included on the tax rolls prior to the referendum authorizing this Ordinance. Section 1-19.3-57. Procedure. Before the Board acts on an application, it must be submitted to the Property Appraiser for review. After careful consideration, e~ .... ~' ~ ..... ~ passages are deleted. added. 8 Underlined passages are 0 the Property Appraiser shall report to the Board concerning the fiscal impact of granting exemptions. The Property Appraiser's Report shall include the following: 1. The total revenue available to the County for the current fiscal year from ad valorem tax sources. 2. The amount of revenue foregone by the County for the current fiscal year because of economic development ad valorem tax exemptions previously granted. 3. An estimate of the amount of revenue which would be foreqone for the current fiscal year if the exemption is 0 H granted to the new or expanding business. A determination that the business meets the definition of a new or expanding business as defined in this Ordinance Upon request, the Department will provide the Property Appraiser such information as it may have available to assist in making this determination. After consideration of the report of the Property Appraiser, the Board may choose to adopt an Ordinance granting the tax exemption to a new or expanding business. The Ordinance shall be adopted in the same manner as any other ordinance of the County. The Ordinance shall include the followinq information; 1. The name and address of the new or expanding business. 2. The amount of revenue available from ad valorem tax 0 sources for the current fiscal year, revenue foregone for the current fiscal year because of economic development ad valorem tax exemptions currently in effect, and the amount of estimated revenue which would be foregone because of the exemption granted to the new or expanding business. The expiration date of the exemption. (Up to ten years from date of Board adoption of the Ordinance granting the exemption) A finding that the business meets the definition of a new business or an expansion of an existinq business· o~ .... ,, through passages are deleted· added· 9 Underlined passages are 5. The Board's authority to revoke an exemption if the business no longer satisfies the criteria for the exemption. Section 1-19.3-58. Fees. Fees charged to offset the cost of processing the Economic Development Ad Valorem Tax Exemption Application or any Exemption Ordinance shall be adopted by the Board by resolution. Section 1-19.3-59. Eligible Business or Industry. Any business or industry, as defined in Section 1-19.3-55, Paragraph 3.1 and 3.2, that does not qualify as an ineligible business or industry as defined in Section 1-19.3-60. When considering the issue of whether or not a business or industry is an eliqible business as defined herein, the Board shall consider the anticipated number of employees, average wage, type of industry or business, environmental impacts, volume of business or production or any other information relating to the issue of whether the proposed development would siqnificantly improve economic development in St. Lucie County prior to accepting the Economic Development Ad Valorem Tax Exemption Application. The criteria for determininq the lenqth of an exemption and the percentaqe amount of an exemption may be formulated by the Board by resolution. The criteria shall provide for incentives for businesses that employ St. Lucie County residents who establish permanent domicile pursuant to Florida Statutes. 0 ............. u-- passages are e ete . added. 10 Underlined passages are Section 1-19.3-60. Ineligible Business or IndustzT. Any business or industry in violation of any federal, state, or local law or regulation governing environmental matters such as air, water, and noise pollution. Section 1-19.3-61. Appeals. The decision of the Board not to grant an Economic Development Ad Valorem Tax Exemption to a particular business or industry is subject only to judicial review pursuant to the Florida Rules of Appellate Procedure. Section 1-19.3-62 - 1-19.3-70. Reserved. 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. 0 0 0 H 0 01 ~ .... ~' ~ ..... ~ passages are deleted. added. 11 Underlined passages are 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 only upon approval by the voters on November 3, 1992 of the ballot question authorized by the Board in Resolution No. 92-175. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Jim Minix AYE Vice Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner 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 to G shall not be codified. 0 e~ .... ,. th gh p g ~ ~ rou assa es added. are deleted. 12 Underlined passages are PASSED AND DULY ADOPTED THIS 6th day of October, 1992. ST. LUCIE COUNTY, F~O~" '-- '' APPROVE~ AS TO FOI~M AND CO~T.ESS:~) 0 0 0 ~ .... ~' ~ ..... ~ passages are deleted. added. 13 Underlined passages are ORDINANCE NO. 92-26 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY CREATING SECTION 1-20-5 (MOVING VIOLATION PENALTY SURCHARGE) TO PROVIDE FOR THE ASSESSMENT OF A SURCHARGE IN ADDITION TO ANY OTHER PENALTY FOR MOVING VIOLATIONS OF THE STATE UNIFORM TRAFFIC CONTROL LAW TO FUND THE ST. LUCIE COUNTY INTERGOVERNMENTAL RADIO COMMUNICATIONS PROGRAM; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County is cooperating with the St. Lucie County Sheriffs Department, the St. Lucie County/Fort Pierce Fire District, the Port St. Lucie Police Department, the Ft. Pierce Police Department and the St. Lucie County School District to develop an intergovernmental radio communications program whereby all public safety agencies within St. Lucie County are able to share a common radio communications system. 2. Pursuant to Section 316.655(6), Florida Statutes (1992) St. Lucie County may assess a $12.50 surcharge for each moving traffic violation (the "surcharge") to fund the St. Lucie County Intergovernmental Radio Communications Program ( the "Program") I~. O, t'rlO ~"m'(~:--~'~'~'-~If] passages are deleted. added. --1-- Underlined passages are provided that the Program is approved by the Division of Communications of the Florida Department of General Services. 3. On July 2, 1992 the County's Program was approved by the Division of Communications of the Florida Department of General Services. 4. The imposition of a surcharge to fund the County's Intergovernmental Radio Communications Program is in the best interest of the health, safety and welfare of the citizens 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 1-20-5 (MOVING VIOLATION PENALTY SURCHARGE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS. Section 1-20-5 (Moving violation penalty surcharge) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby created to read as follows: Sec. 1-20-5. (Moving violation penalty surcharge). In addition to any other penalty for violation of the state uniform traffic control law, a twelve and 50/100 dollars ($12.50) O o 0 0 N surcharge shall be assessed for each moving traffic violation pursuant to Section 316.655(6), Florida Statutes (1992). This surcharge shall be used to fund St. Lucie County's participatiOn in an intergovernmental radio communication program as approved by the Division of Communications of the Florida Department of General Services. k~-~{--:I~,~,l,~fI passages are deleted. added. --2-- Underlined passages are PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County code and the word ""ordinance" may be changed to "section", "article" or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B to H shall not be codified. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Judy Culpepper AYE Vice Chairman R. Dale Trefelner AYE Commissioner Havert L. Fenn AYE Commissioner Cliff Barnes AYE Commissioner Denny Green AYE O 0 o 0 0 PASSED AND DULY ADOPTED THIS 24th day of November, 1992 ATTEST: COMMI S.~0N~.Rs BOARD OF C~UNTY CORRE N ~ ...~ ~ ~ ~¥...? ,:~ TO EY N~..,[.:i~,,~..olfl passages are deleted. added. --4-- Underlined passages are 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. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of the ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect on January 1, 1993. O O O 0 N N~:I~,~,~,~If~ passages are deleted. added. --3-- Underlined passages are Douglas Dixon, Ci~ '~ of the Circuit Court - SJ Lucie County File Number: 12 J8879 OR BOOK O8~O PAGE 2 Recorded: 10-12-92 11:45 A.M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 37 311 . 39 41 ~2 43 45 46 47 48 49 5O 51 52 ORDINANCE NO. 92 - 028 FILE NO: PA-92-001 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Sue Ethel Hayes presented a petition for a change in Future Land Use Classification from RU (Residential Urban) to COM (Commercial); On March 12, 1992 the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board approve the hereinafter described request for a change in Future Land Use Classification from RU (Residential Urban) to COM (Commercial) for the property described in Part A below; On March 24, 1992, this Board held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail the owners of property within five hundred (500') feet of the subject property. On March 24, 1992 this Board, through Resolution No. 92-056, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and On September 22, 1992 this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News on ,OR BOOK O810 PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 September 1, 1992 and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION The future land use classification set forth in the St. Lucie County Comprehensive Plan for the property described as follows: The South 1/2 of Southeast 1/4 of Southeast 1/4 of Section 20. Township 35 South. Range 40 East, less the East 560 feet and less the North 96 feet and less right-of-way for Edwards Road, all being and lying in St. Lucie County, Florida. owned by Sue Ethel Hayes, be and the same is hereby change from RU (Residential Urban) to COM (Commercial). B. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. C. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development Administrator is hereby authorized and directed to cause these changes to be made in the Future Land Use maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. CONFLICTING PROVISIONS 2 ,OR BOOK O810 PAGE 2963 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 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. E. SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Administrator shall send a certified copy of this Ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION 3 OR BOOK 08 lO PAGE 2 9 6 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 After motion and second, the vote on this resolution was as follows: Chairman Jim Minix Vice-Chairman Jack Krieger Commissioner Judy Culpepper C6mmissioner R. Dale Trefelner Commissioner Havert L. Fenn AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 22nd day of September, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY '~Chairma~ ~ ATTEST: DEPUTY CL~R~ APPROVED AS TO FORM AND ///~~L~ORR'F-J~3TNESS:/'''~3 0RD92-28 (k) DJM 4 Douglas Dixon, C1, k of the Circuit Court - S' Lucie County .File Number: 1~J8880 OR BOOK O8_ O PAGE 2965 Recorded: 10-12-92 11:45 A.M. 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 ' 36 J 37 38 39 ~0 41 ~2 43 45 ~6 ,17 48 49 5O 51 52 O~DINANCE NO. 92 - 029 FILE NO: PA-92-002 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: Brian L. and Kathleen E. Charboneau presented a petition for a change in Future Land Use Classification from AG-2.5 (Agricultural - 2.5) to RS (Residential Suburban); On March 12, 1992, the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail the owners of property within five hundred (500') feet of the subject property, and has recommended that the Board deny the hereinafter described request for change in Future Land Use Classification from AG-2.5 (Agricultural - 2.5) to RS (Residential Suburban) for the property described in the attached Exhibit A; On March 24, 1992, this Board held a public hearing on the petition, after publishing notice at least fifteen (15) days prior to the hearing and notifying by mail the owners of property within five hundred (500') feet of the subject property, at which hearing the petitioner amended thief request for change in Future Land Use Classification from AG-2.5 (Agricultural - 2.5) to RS (Residential Suburban) to now be from AG-2.5 (Agricultural - 2.5) to RE (Residential Estate) for the property described in the attached Exhibit A; .OR BO~K O 8 10 ~AGE 2 9 6 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O On March 24, 1992, this Board, through Resolution 92-057, authorized the transmittal of this petition, as amended, to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and On September 22, 1992, this Board held a public hearing on the petition, after publishing notice of such hearing in the Port St. Lucie News on September 1, 1992, and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION The future land use classification set forth in the St. Lucie County Comprehensive Plan for the property described as fol lows: SEE ATTACHED EXHIBIT A owned by Brian L. and Kathleen E. Charboneau, be and the same is hereby changed from AG-2.5 (Agricultural - 2.5) to RE (Residential Estate). B. FINDING OF CONSISTENCY This Board specifically determines that the approved change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.2.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order is issued. C. CHANGES TO FUTURE LAND USE MAPS The St. Lucie County Community Development Administrator is hereby authorized and directed to cause the changes to be made 2 OR BOOK 08 10 nAGE 2 9 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 in the Future Land Use Maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. 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. Eo SEVERABILITY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect the remaining portions of this Ordinances. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified' copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Administrator shall send a certified copy of this Ordinance to the Department of Community Affairs, The Rhyne Building, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 3 OR BOOK 08 1 C PAGE 2 9 6 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION After motion and second, follows: Chairman Jim Minix AYE Vice-Chairman Jack Krieger AYE Commissioner Judy Culpepper AYE Commissioner Havert L. Fenn AYE Commissioner R. Dale Trefelner AYE the vote on this Ordinance was as PASSED AND DULY ADOPTED this 22nd day of September, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY APPROVED AS TO FORM~ND / 0RD92-29 (k) 4 · LeU~f Descripgion~ - I~RCEL ~] 23 22 3~0000 000/V 94.98 ACRES LEGAL DESCRIPTION: 22 35 39 N 1/2 OF SW 1/4 AND NE 1/4 OF SW 1/4, DESCRIBED ~ ~WS~ BEG AT ~ COR OF SD ~ 1/4 OF SE 1/4; TH RUN ROAD, TH NELY ~ C/L OF EXISTING ROA~ ~ TO THE W R/W OF GENTILE RD, TH NLY ON SD W R/W 779..2 FT, TH W 273 ~, TH N 360 FT TO S R/W OF C~, TH W ~G S R/W OF C~ 570 ~ TO POB. P~CEL ID: 23 22 331 0001 000/9 4.96 AC~S LEG~ DESCRIPTION: 22 35 39 N 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SW 1/4 (4.96 AC) (OR 433-110) P~CEL ID: 23 22 331 0002 000/6 4.95 AC~S LEG~ DESCRIPTION: 22 35 39 S 1/2 OF THE NE ~/4 OF THE SW 1/4 OF' SW ~/4 (4.95 AC) (OR 433-110) P~CEL ID: 23 22 334 0001 000/8 4.94 AC~S LEG~ DESCRIPTION: 22 35 39 N 1/2 OF THE sE 1/4 OF SW 1/4 OF SW 1/4 (4.94 AC) (OR 433-110) P~CEL ID: 23 22 3~4 0002 000/5 4.19 AC~S LEG~ DESCRIPTION: 22 35 39 S 1/2 OF SE 1/4 OF SW 1/4 OF SW 1/4- LESS S 49.5 ~ FOR C~ R/W (4.19 AC) (433-110) P~CEL ID: 23 22 431 0000 000/9 22.9'~ ACRES LEG~ DESCRIPTION: 22 35 39 THE SW 1/4 OF SW 1/4 OF SE 1/4 LESS THE S 42.5 FT FOR C~ R/W ~D BEG AT ~ COR OF SW 1/4 OF SW 1/4 OF SE 1/4, R~ N ~G 1/4 SEC LI 688.79 ~ TO PROJ C/L OF DIRT ROAD TO THE E, TH ON A BACK ~G OF 95 39'40" R~ ELY ~ C/L OF SD DIRT RD 823.62 ~ TO W R/W LI OF GENTILE ROAD, TH R~ SLY ~ SD R/W LI 762.50 ~ TO N LI OF THE SE ~/4 OF SW 1/4 OF SE 1/4 TO POB ~D THAT P~T OF ~ 1/4 OF SE 1/4, BEING MO~ ~TICU~Y DESCRIBED AS 48.0 ~ TO S R/W LI OF ~S~ ~ ~49; TH CONT S-1227.0 ~ TO POB; TH R~ NELY 767.00 ~ ~ THE W R/W LI OF GENTILE ~ (THIS LI' C~C~TES 824.81 ~); TH R~ SLY'~ W R/W LI OF GENTILE ~, 13.50 FT; TH R~ S~Y ~ C/L OF EXISTING RD, 767.00 ~ (THIS LI C~C~TES 825.93 ~); TH R~ N, 27.00 ~ TO POB. P~CEL ID: 23 22 701 0001 000/4 1.20 AC~S LEG~ DESCRIPTION: FT. PIERCE TROPIC~ ESTATES-~IT O~-~ ~RECORDED P~T IN SEC 22-35-39 BLK 1 ~S 1 & 7 (1.20 AC) (OR 434- P~CEL ID: 23 22 701 0002 000/1 .24 AC~S LEG~ DESCRIPTION: ~. PIERCE .TROPI~ ESTATES~UNIT ONE-~ ~CORDED P~T IN SEC 22-35-39 BLK 1 ~T 2 (0.24 AC) (OR 440-389) P~CEL ID: 23 22 701 0003 000/8 .24 AC~S LEG~ DESCRIPTION: ~. PIERCE TROPIC~ ESTATES-UNIT ONE-~ ~CORDED P~T IN SEC 22-35-39 BLK ~ ~T 3 (0.24 AC) (OR 440-389) P~CEL ID: 23 22 701 0004 000/5 2.55 AC~S LEG~ DESCRIPTION: FT. PIERCE TROPI~ ESTATES-~IT ONE-~ ~CORDED P~T IN SEC 22-35-39 BLK 1 ~TS 4,5,6,8,9,10 & 11 (2.55 AC) (OR 428-1961) P~CEL ID: 23 22 701 0020 000/3 3.16 AC~S LEG~ DESCRIPTION: ~. PIERCE TROPIC~ ESTATES-UNIT ONE-~ ~RECORDED P~T IN SEC 22-35-39 BLK 2 LOTS 3~4,5,6,7,8,9 & 10 (3.16 AC) (OR 428-1961) P~CEL ID: 23 22 701 0022 000/7 2.11 AC~S LEG~ DESCRIPTION: FT. PIERCE TROPIC~ ESTATES-~IT ONE-~ ~RECORDED P~T IN SEC 22-35-39 ELK 3 ~TS 1,4,5, & 8 (2.11 AC) (OR 428-1961) -P~CEL ID: 23 22 701 0023 000/4 2.07 AC~S LEG~ DESCRIPTION: ~. PIERCE TRO~IC~ ESTATES-UNIT ONE-~ ~CORDED P~T IN SEC 22-35-39 ELK 3 ~TS. 2,3,6 & 7 (2.07 AC) (OR 434-1383) . P~CEL ID: 23 22 701 0030 000/6 LEG~ DESCRIPTION: FT. PIERCE TROPIC~ ESTATES-UNIT ONE-~ ~CORDED P~T IN SEC 22-35-39 ELK 4 ~TS 1 & 2 (OR 705-1797) 0 O) 0 EXHIBIT ,,A,, 'PARCSL ID: 23 22 7~- 0034 0~v,4 .52 ACRESX~,' -~GAL DESCRIPTION:.' FT. PIERCE TROPICAL ES~kTES-UNIT ONE-AN ' UNRECORDED PLAT IN SEC 22-35-39 BLK 4 LOT 5 (0.52 AC) (OR 434-387) .. PARCEL ID: 23 22 701 0038 000/2 .52 ACRES --! ?!' LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN ' UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOT 1 (0.52 AC) (OR 434-1948) PARCEL ID: 23 22 701 0039 000/9 1.04 ACRES LEGAL DESCRIPTION: FT. PIERCE 'TROPICAL ESTATES-UNIT ONE-AN UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOTS 2 & 7 (1.04 AC) (OR 428-' 1961) PARCEL ID: 23 22 701 0044 000/7 .52 ACRES · LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN UNRECORDED PLAT IN SEC 22-35-39 BLK 5 LOT 8 (0.52 AC).(OR 434-1948) PARCEL ID: 23 22 701 0048 000/5 2.09 ACRES LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN UNRECORDED PLAT IN SEC 22-35-39 BLK 6 LOTS 3,4,5 & 6 (2.09 AC) (OR 434-1383) PARCEL ID: 23 22 701 0054 000/0 '"' LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN UNRECORDED PLAT IN SEC 22-35-39 BLK 7 LOTS 1 & 2 (OR 717-0956) PARCEL ID: 23 22 701 0056 000/4 .54 ACRES .-- :.. LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATE-S-UNI~ ONE-AN ".'":'i~i!~': UNRECORDED PLAT IN S~C 22-35-39 BLK 7 LOT 3 (0.54 AC)(OR 428-1961) !iii!ii: PARCEL ID: 23 22 701 0062 000/9 8.24 ACRES .... LEGAL DESCRIPTION: FT. PIERCE TROPICAL ESTATES-UNIT ONE-AN ':. i-' UNRECORDED PLAT IN SEC 22-35-39 E 30 FT-LESS S 42.5 FT- & N 40 FT :': ":' & W 30 FT-LESS S 42.5 FT- & N 50 FT OF S 242.5 FT-LESS E 30 FT & LESS W 30 FT- & N 50 FT OF S 592.5 FT-LESS E 30 FT & LESS W 30 FT- & N 50 FT OF S 942.5 FT-LESS E 30 FT & LESS W 30 FT- & W 50 FT OF E 682 FT OF S 323.93 FT OF N 363.93 FT & W 50 FT OF E 682 FT OF S 300 FT OF N 713.93 FT & W 50 FT OF E 682 FT OF S 300 FT OF N 1063 FT . 0 0 * 0 0 0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 45 46 47 48 49 50 51 ORDINANCE NO. 92 - 031 FILF. NO: PA-92-004 'AN ORDINANCE CHANGINO THE FUTURE LAND USE DESIONATION OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDINO FOR FINDINOS OF CONSISTENCY; AUTHORI ZING AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; PROVIDINO FOR CONFLICTINO PROVISIONS; PROVIDINO FOR SEVERABILITY; PROVI DING FOR APPLI CABI LI TY; PROVI DI NO FOR FI LI NO WI TH THE FLORIDA DEPARTMENT OF STATE; PROVIDINO FOR FILINO WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDINO FOR AN EFFECTIVE DATE; AND PROVIDINO FOR ADOPTION. WHEREAS, the Board of County Commissioners of St. County, Florida, 'has made the following determinations: Lucie o Luan K. Furlong presented a petition for a change in Future Land Use Classification from AG-2. 5 (Agricultural, ldu/2. Sac) to RE (Residential Estate, ldu/ac); On April 23, 1992 the St. Lucie County Local Planning Agency held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and has recommended that this Board approve the hereinafter described request for a change in Future Land Use Classification from AG- 2.5 (Agricultural, ldu/2. Sac) to RE (Residential Estate, ldu/ac) for the property described in Part A below; On May 26, 1992, this Board held a public hearing on the petition, after publishing notice at least 15 days prior to the hearing and notifying by mail the owners of property within 500 feet of the subject property. On May 26, 1992 this Board, through Resolution No. 92-095, authorized the transmittal of this petition to the Florida Department of Community Affairs for further agency review in accordance with the provisions of Chapter 163, Florida Statutes; and I,.-~. · · 0 I oo O, mo q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 On November 10, 1992 this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News on November 3, 1992 and notifying by mail all owners of property within 500 feet of the subject property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE CLASSIFICATION The future land use classification set forth in the St. Lucie County Comprehensive Plan for the property described as follows: The North 178.94 feet of the followinE described parcel: 22 35 39 BeE. at SE Cor of NE 1/4 of SE 1/4 Run W A1E S. LI of NE 1/4 of SE 1/4 828 Ft. M/L to PT 900 Ft. E. of E R/W Gentile Rd. TH Nely 660 Ft to S LI of N 1/2 of NE 1/4 of SE 1/4, TH E 807 Ft to E Sec. LI, TH S 660 Ft to PCB-Less Rd R/W & Less S 3 AC & Less W 250 Ft & Less N 236.59 Ft of S 296.56 Ft & Less N. 76 Ft. owned by Luan K. Furlong, be and the same is hereby change from AG-2.5 (Agricutlural, ldu/2.5ac) to RE (Residential Estate, ldu/ac). B. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time asa Final Development Order is issued. C. CHANGES TO THE FUTURE LAND USE MAPS The St. Lucie County Community Development Administrator is hereby authorized and directed to cause these changes to be made in the Future Land Use maps of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. o 0 0 0 0 0 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 D. CONFLI CTI NG PROVi SI ONS 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. E. SEVERABI LI TY If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not effect 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 effect its applicability to any other person, property or circumstances. F. APPLICABILITY OF ORDINANCE This ordinance shall be applicable as stated in Paragraph A. G. FILING WITH THE DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS The Community Development Administrator shall send a certified copy of this Ordinance to the Department of Community Affairs, 2740 Centerview Drive, Tallahassee, Florida, 32399. I. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), Florida Statutes, or until the Administration Commission issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). 0 0 0 0 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 After motion and second, the vote on this resolution was as f o l 1 ows: Chairman Jim Minix Vice-Chairman Jack Krieger Commissioner Judy Culpepper Commissioner R. Dale Trefelner Commissioner Havert L. Fenn AYE AYE ABSENT AYE AYE PASSED AND DULY ADOPTED this 10th day of November, 1992. ATTEST: BOARD OF COUNTY COMMIS_S.~DNERS ST. LUCiE COUNTY, APPROVED AS. TO FORM AND COUNTY' AT~Y ORD92-31 dw 0 0 0 0 0