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ORDINANCE NO. 97-001
AN ORDINANCE AMENDING THE ST. LUClE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 3.01.03 (Q) (7) ,
CO594ERCIAL NEIGHBORHOOD, CONDITIONAL USES, BY ADDING AS
A CONDITIONAL USE THE CONSTRUCTION AND OPERATION OF SELF-
SERVICE CAR WASHES, WITH RESTRICTIONS, IN THE CO594ERCIAL
NEIGHBORHOOD ZONING DISTRICT; AND BY CREATING SECTION
7.10.22, SUPPLEMENTAL STANDARDS FOR SELF-SERVICE
CARWASHES TO BE LOCATED IN A COMMERCIAL NEIGHBORHOOD
ZONING DISTRICT; 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.
WHEREAS, the Board of County Commissioners of St. hucie County, Florida, ha~'mad~
following determination:
1. On August 1, 1990, the Board of County Commissioners of St. Ifucie
County, Florida, adopted the St. Lucie County Land Development code..
2. The Board of County Commissioners has adopted certain amendmentsi~to~
the St. Lucie County Land Development Code, through the followi6~
Ordinances
the
91-03 - March 14, 1991 91-09 - May 14, 1991
91-21 - November 7, 1991 92-17 - June 2, 1992
93-01 - February 16, 1993 93-03 - February 16, 1993
93-05 - May 25, 1993 93-06 - May 25, 1993
93-07 - May 25, 1993 94-07 - June 22, 1994
94-18 - August 16, 1994 94-21 - August 16, 1994
95-01 - January 10, 1995 96-10 - August 6, 1996
On January 16, 1997, 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 and the Tribune at least 10 days pdor to the
hearing and recommended that the proposed ordinance be approved.
On February 18, 1997, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News and
the Tribune on February 11, 1997.
5. At the February 18, 1997, Public Hearing on this proposed Ordinance, the Board of County
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Ordinance #97-001B Page 1
Draft #2 PRINT DATE: 02/19/96
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Commissioners directed that the proposed amendment to permit car washes as a
Permitted Use, with conditions, be changed to a Conditional Use, with certain Supplemental
Standards and that these amendments should be presented at the March 4, 1997 Public
Hearing on this Ordinance.
On March 4, 1997, this Board held its second public hearing on the proposed.
ordinance, after publishing a notice of such hearing in the Port St. Lucie News and
the Tribune on February 25, 1997.
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. LUClE COUNTY LAND DEVELOPMENT CODE CAUSING THE
CODE TO READ AS FOLLOWS, INCLUDE:
3.01.03
Q.~,
CHAPTER III
ZONING DISTRICTS
ab.
ZONING DISTRICTS
CN COMMERCIAL, NEIGHBORHOOD
PARAGRAPH 1 through 6 - NO CHANGE
Conditional Uses
Car Washes (Self-Service only) - subject to the supplement provisions of Section
7.10.22. (999)
Day care - adult (8322)
- child (83s~)
Postal services. (4311)
PARAGRAPH 8 - NO CHANGE
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Ordinance #97-001B Page 2
Draft #2 PRINT DATE: 02/19/96
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CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.10.00 SUPPLEMENTAL STANDARDS
7.10.22
CAR WASHES, SELF-SERVICE
In the CN (Commercial1 Neiqhborhood) Zoninq District, self-service car washes may be authorized
as a conditional use, subiect to the meeting the standards of review set out in Section 11.07.00
and the following supp emental criteria:
A~
The car wash operation is considered to be a drive-throuqh facility and is subject to the
site plan submission requirements of Section 11.02.00. No application for conditional use
will be considered complete until all minimum site plan criteda have determined to be met.
The property on which the car wash is to be located shall be a minimum of 10,000 square
feet in size.
C__:.,
The car wash, and all related activity areas shall be screened from all adjoining side and
rear properties with an eight (8) masonry wall, or a wall constructed of similar materials.
The wall shall be located a minimum of five (5) feet inside the side and rear property line.
The wall shall be of similar composition, construction, and color and shall not include
chain link fence, with or without slates or wooden screeninq materials. If any side
property line is adiacent to any street right-of-way line, no screeninq wall will be required
alon.cl that property line.
The five (5) foot landscape buffer that is located on the outside of the masonry wall shall
be landscaped with 1 tree for every 30 linear feet and with one 1 shrub or vine for every
5 linear feet of wall length. At least five (5) feet of the area inside of the required wall
along the side and rear property lines shall be landscaped with 1 shrub or vine for every
5 linear feet of wall lenqth. All landscaping shall be irrigated in accord with the provisions
of Section 7.09.03 of this Code.
A strip of land at least fifteen (15) feet in depth shall be located between any abutting
street right-of-way and the car wash, and its related activity areas, shall be landscaped
to include one (1) tree for each thirty (30) linear feet of abutting dqht-of-way or maior
fraction thereof. In addition, a hedge, wall or other durable landscaping barrier shall be
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Ordinance #97-001B Page 3
Draft #2 PRINT DATE: 02/19/96
ORDINANCE NO. 97-02
AN ORDINANCE AMENDING ORDINANCE NO. 96-23
(WHICH AMENDED CHAPTER 1-7 "COURTS" OF THE
CODE OF ORDINANCES OF ST. LUCIE COUNTY TO
PROVIDE FUNDING FOR THE ST. LUCIE COUNTY
JUVENILE ASSESSMENT CENTER AND THE ST. LUCIE
COUNTY TEEN COURT THROUGH COUNTY
DELINQUENCY PREVENTION FINES; PROVIDED FOR
ADDITIONAL MANDATORY FINES TO BE ASSESSED
AGAINST EVERY PERSON CONVICTED OF, OR
ADJUDICATED DELINQUENT FOR, OR HAS HAD AN
ADJUDICATION WITHHELD FOR, A VIOLATION OF A
CRIMINAL STATUTE, CERTAIN TRAFFIC OFFENSES, A
HANDICAPPED PARKING VIOLATION, OR A VIOLATION
OF CERTAIN MUNICIPAL OR COUNTY ORDINANCE;
PROVIDED FOR THE ADMINISTRATION BY THE CLERK
OF THE CIRCUIT COURT; PROVIDED FOR
DISBURSEMENT OF FUNDS TO THE SHERIFF AND THE
TEEN COURT; PROVIDED FOR SEVERABILITY AND
EFFECTIVE DATE) BY AMENDING BOTH WHEREAS
CLAUSE PARAGRAPHS DUE TO THE DECISION OF THE
STATUTORY REVISIONS COMMITTEE TO ADD A NEW
FLORIDA STATUTE SECTION 39.019 FOR THE TEEN
COURT TO OPERATE UNDER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On August 6, 1996, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance No. 96-23 which amended Chapter 1-7 "Courts" of the Code of
Ordinances of St. Lucie County to provide funding for the St. Lucie County Juvenile Assessment
Center and the St. Lucie County Teen Court.
£~!:z ~,rzugh passages are deleted. Underlined passages are added.
2. Due to the decision of the Statutory Revisions Committee to add a new Florida
Statute Section 39.019 for the Teen Court to operate under, it is necessary to amend Ordinance
No. 96-23 to incorporate Section 39.019, Florida Statutes, to both Whereas clause paragraphs of
Ordinance No. 96-23.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
1. Ordinance No. 96-23 is hereby amended to read as follows:
WHEREAS, the Board of County Commissioners'of St. Lucie County, Florida, is
authorized by Section 775.0833, and 39.019, Florida Statutes (County Delinquency prevention
fines), to adopt a mandatory additional court cost of three dollars ($3.00) to be used by the
Sheriff for the implementation and operation of a juvenile assessment center with said court costs
to be assessed in specific cases and is 'further authorized to assess an additional mandatory court
cost of three dollars ($3.00) for the operation and administration of a Teen Court, with said court
costs to be assessed in specific cases; and,
the assessments collected pursuant to Section 775.0833, and 39.019, Florida Statutes,
appropriate, designated accounts for disbursement to the Sheriff and the Teen Court.
WHEREAS, the Clerk of the St. Lucie County Court is authorized to collect and deposit
in
PART A. ARTICLE I OF CHAPTER 1-7 "COURTS" OF THE CODE OF
ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS
FOLLOWS:
SECTION 1-7-11
Assessment of court costs to be used for the implementation and
operation of a juvenile assessment center.
e~v~,,....,, ,,.,,...,..e..,, passages are deleted. Underlined passages are added.
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A. The court shall assess court costs of $3.00 per case, in addition to any other
authorized cost or fine, on every person who, with respect .to charge, indictment, prosecution
commenced or petition of delinquency filed in the county or circuit, pleads guilty, nolo contendre
to, or is convicted of, or adjudicated delinquent for, or has had adjudication withheld for, a felony
or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law,
or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor
under state law.
B. The clerk of the circuit and county court shall Collect the three dollar ($3.00) court
costs assessed by the court and deposit those funds in an appropriate, designated account
established by the clerk. The clerk shall withhold five percent (5%) of the assessments collected
for the costs of administering the collection of assessments. The clerk shall release funds to the
sheriff upon request. The clerk shall also, at the request of the sheriff, receive and deposit in the
designated account, any additional funds attained by the sheriff for the implementation and
operations of the juvenile assessment center, and release those funds to the sheriff upon request.
SECTION 1-7-12 Assessment of court costs to be used for the operation and
administration of Teen Court.
A. The Court (both county and circuit) shall assess court costs of three dollars ($3.00)
per case, in addition to any other authorized cost or fine, against every person who pleads'guilty
or nolo contendre to, or is convicted of, regardless of adjudication, a violation of a state criminal
statute or a municipal ordinance or county ordinance or who pays a fine or civil penalty for any
violation of chapter 316, Florida Statutes. Any person whose adjudication is withheld pursuant
to the provisions of section 318.14 (9) or (10), Florida Statutes, shall also be assessed such cost.
tCta4kq~hr~ passages are deleted. Underlined passages are added.
The assessment shall not be deducted from the proceeds of that portion of any fine or civil
penalty which is received by a municipality in the county or by the county in accordance with
sections 316.660 and 318.21, Florida Statutes. The assessment shall specifically be added to any
civil penalty paid for a violation of chapter 316, Florida Statutes, whether such penalty is paid
by mail, paid in person without request for hearing, or paid after hearing and determination by
the court. However, the assessment shall not be made against a person for a violation of any
state statutes, county ordinance, or municipal ordinance relating to the parking of vehicles, with
the exception of the handicapped parking laws.
B. The clerk of the court shall establish a Teen Court Trust Fund, to be used to fund
the operation and administration of the Teen Court, under the direction of the Court Administrator
and the supervision of the Chief Judge of the Nineteenth Judicial Circuit. The clerk of the court
shall collect and deposit the assessments collected pursuant to this section and shall remit the
same to the Teen Court monthly, less 5 percent, which is to be retained as fee income of the
office of the circuit court.
PART B. SEVERABILITY
If any word, phrase, clause, section or portion of this ordinance shall be held invalid or
unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a
separate and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
passages are deleted.
Underlined passages are added.
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PART C. EFFECTIVE DATE
This ordinance shall become effective March 1, 1997 or upon receipt of official
acknowledgement from the Secretary of State that said ordinance has been filed, whichever is
later.
PASSED AND DULY ADOPTED this 18th day of February, 1997.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~ CHAIRMAN
APPROVED AS TO FORM CO EC ESS:,
passages are deleted. Underlined passages are added.
DRAFT DATE: 07/25/97
ST. LUCIE COUNTY, FLORIDA
CABLE TELEVISION ORDINANCE
TABLE OF CONTENTS
Section
Section 1-5.5-1 - 1-5.5-5
Pa2e
Reserved ............................................ 2
Section 1-5.5-6. Short Title ................................................... 2
Section 1-5.5-7.
Section 1-5.5-8.
Section 1-5.5-9.
Section 1-5.5-10.
Section 1-5.5-11.
Section 1-5.5-12.
Section 1-5.5-13.
Section 1-5.5-14.
Section 1-5.5-15.
Section 1-5.5-16.
Section 1-5.5-17.
Section 1-5.5-18.
Section 1-5.5-19.
Section 1-5.5-20.
Incorporation in Code .......................................... 2
Intent and Purpose ............................................ 3
Grant of Authority; Applicability ................................. 3
Definitions.., ................................................ 5
Application for Grant, Renewal, Modification or Transfer of Franchises. 12
Grant of Franchises; Evaluation ................................. 17
Renewals .................................................. 20
Changes in Ov~nership and/or Control ............................ 20
Application(s) for Consent to Transfers of Control .................. 21
Consent Not a Waiver ........................................ 23
Fee and Forfeiture ........................................... 23
Acceptance by Transferee ..................................... 23
Franchise Characteristics Rights and Obligations ................... 24
Conflict of Laws ............................................. 25
Secfon 1-5.5-21'
Section 1-5.5-22.
Section 1-5.5-23.
Section 1-5.5-24.
Section 1-5.5-25.
Section 1-5.5-26.
Section 1-5.5-2'/.
Section 1-5.5-28.
Section 1-5.5-29.
Section 1-5.5-30.
Section 1-5.5-31.
Section 1-5.5-32.
Section 1-5.5-33.
Section 1-5.5-34.
Section 1-5.5-35.
Section 1-5.5-36.
Section 1-5.5-37.
Section 1-5.5-35.
Section 1-5.5-39.
Section 1-5.5-40.
Section 1-5.5-41.
Franchise iqonexclUsive .........
Overlapping Applications .......
~6
DuratiOn ........... ' ' '
Use of public Streets and Ways ............... 28
Operation and Relocation, etc., of FranChisee' s Property. · ...........
performance of Work by County Upon Failure of Franchisee to Do So. · 32
32,
Construction Report Required .......... 33
Annual ................
Joint Use of Poles .. 33
Franchise payments ..... 35
Reports and Records....... '. '. '. '. '. '. '. '. '. ............................. 39
indemnification .... 40
Insurance .......... 41
Fund/Corporate Guarantee ................... 44
Security ...........................................
Construction Bond
System Design Provision; Minimum Facilities and Services ...........
Service to Schools and Libraries ................................
Government Channels and Facilities .............................
Construction Procedures .....................
Technical Standards; ..
Construction Practices ..
Construction Permit Required ................................
Customer Service Requirements.
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49
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Section 1-5.5-42.
Section 1-5.5-43.
Section 1-5.5-44.
Section 1-5.5-45.
Section 1-5.5-46.
Section 1-5.5-47.
Section 1-5.5-48.
Section 1-5.5-49.
Section 1-5.5-50.
Section 1-5.5-51.
Section 1-5.5-52.
Section 1-5.5-53.
Section 1-5.5-54.
Section 1-5.5-55.
Section 1-5.5-56.
Section 1-5.5-57.
Section 1-5.5-58.
Section 1-5.5-59.
Section 1-5.5-60.
Section 1-5.5-61.
Administration of Customer Service ............................. 60
Subscriber Privacy ........................................... 64
Discrimination Prohibited ..................................... 64
County's Right of Revocation .................................. 65
Procedures for Revocation or Suspension ....... ~ ................. 66
Appeal .................................................... 68
Requirements Upon Termination or Expiration ..................... 68
Continuity of Service Mandatory ................................ 68
Rates and Charges ........................................... 69
Performance Evaluation ....................................... 69
Power of Board to Regulate.
Enforcement by the County.
Rights Reserved to Franchisee .................................. 70
County Cable System Ownership Authorized ...................... 70
Miscellaneous Provisions ...................................... 71
Hearing Rules ............................................... 71
Procedure for Correction of Errors in Issuance of Franchises .......... 71
Theft of Services and Tampering ................................ 71
Force Majeure .............................................. 73
Reservation of Rights ......................................... 74
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ST. LUCIE COUNTY, FLORIDA
ORDINANCE NO. 97-03
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
CREATING ORDINANCE NO. 97-03 OF ST. LUCIE
COUNTY, PROVIDING THE TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION SYSTEMS AND
THE APPLICATION, PROCEDURES AND REQUIREMENTS
RELATING TO THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR
THAT IN ANY MANNER WHATSOEVER USE THE
COUNTY'S PUBLIC RIGHTS OF WAYS IN ANY
UNINCORPORATED AREAS OF THE COUNTY AND TO
ENSURE THAT USE OF THE COUNTY'S PUBLIC RIGHTS OF
WAYS IS IN THE PUBLIC INTEREST AND IN
CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
A SAVINGS CLAUSE AND EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII of the 1968 Constitution of the State of Florida and
Section 125.01 Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida
is authorized to regulate cable television franchising within the unincorporated area of St. Lucie
County; and
WHEREAS, the Board of County Commissioners has determined it is in the public interest
of the County to permit the operation of one or more cable television systems in the unincorporated
area of the County; and
WHEREAS, it is the Board's understanding and belief that one or more cable operators are
occupying the public rights-of-way in the unincorporated area of the County for the purpose of
operating cable systems without having obtained a cable television franchise from the County; and
WHEREAS, pursuant to Section 621 of The Communications Act of 1934, as amended, (47
U.S.C. § 541) and Florida Statutes, a cable operator may not provide cable service without
obtaining a franchise from the franchising authority; and
WHEREAS, it is the intent of the Board to exercise its authority as a local franchising
authority to the fullest extent allowed by law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT:
PART A. CREATION OF CHAPTER 1-5.5 (CABLE TELEVISION FRANCHISE
ORDINANCE OF 1990).
Chapter 1-5.5 of the St. Lucie County Code of Ordinances is hereby created to read as
follows:
CABLE TELEVISION FRANCHI~qE ORDINANCE
ARTICLE I. IN GENERAl.
Section 1-5.5-1 - 1-5.5-5 Reserved.
Section 1-5.5-6. Short Title.
This Ordinance shall be known and may be cited as the St. Lucie County Cable Television
Franchise Ordinance.
Section 1-5.5-7. Incorporation in Code.
The 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 intentions.
Section 1-5.5-8. Intent and Purpose.
A. It is the intent of the County and the purpose of this Ordinance to promote the public
health, safety, and general welfare by providing for the grant of one or more franchises for the
construction and operation of a cable system within the unincorporated area of the County; to
provide for the regulation, to the extent provided for by law, of each cable system within the County
in the public interest; to provide for the payment of fees and other valuable consideration by a
Franchisee to the County for the use of Streets by its cable system; to promote the widespread
availability of quality cable service and programming to County residents and businesses, the
County, and other public institutions; to encourage the development of cable and other
communications technologies and cable systems as a means of communication between and among
members of the public, County businesses, the County, and other public institutions; to promote
competitive cable rates and services; to promote the safe and efficient use of County Streets; to
enhance and maximize the communicative potential of Streets used by cable systems; and to
encourage the provision of a diversity of information sources and services to County residents,
businesses, the community, the County and other public institutions by cable technology.
B. Recognizing the continuing development of communications technology and uses,
it is the policy of the County to encourage competition, experimentation and innovation in the
development of cable system uses, services, programming and techniques that will be of general
benefit to the community to the extent all such experiments and innovations are consistent with
applicable laws.
Section 1-5.5-9.
mo
Grant of Authority; Applicability,
This chapter is enacted under the home rule power of the County to promote the
public health, safety and general welfare by providing regulations for the installation, use and
operation of cable television systems in the County. This chapter shall apply to and be enforced
within the unincorporated areas of the County. However, should any area within the
unincorporated area become annexed or otherwise part of an incorporated municipality, this chapter
shall cease to have any effect immediately upon receipt of written notice by the Board of County
Commissioners that said municipality is exercising its regulatory authority over cable television.
B. The County may grant one or more Franchises in accordance with this Ordinance.
C. No person may construct or operate a cable system or any other communications
transmission facilities over, on, or under public streets in the unincorporated areas of the County
without a Franchise granted by the County unless otherwise authorized by law, and no person may
be granted a Franchise without having entered into a Franchise agreement with the County pursuant
to this Ordinance.
D. Unless otherwise authorized by applicable law, any Franchise granted pursuant to
this Ordinance is solely for the provision of cable service and shall not be construed to authorize
the provision of telephone, non-cable video or other telecommunications service. Subject to
applicable law, a Franchisee shall submit an application to the County for the privilege of providing
other telecommunications services including, but not limited to, telephone service, and/or non cable
video service prior to initiating the offering of such services. Failure to do so shall be considered
a material violation of this Ordinance.
E. A Franchise granted pursuant to this Ordinance does not authorize installation or
operation of a cable television or cable communication services within any municipality.
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Section 1-5.5-10. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and their derivations
shall have the meaning set forth herein. When not consistent with the context, words used in the
present tense include the future, words in the plural number include the singular number and words
in the singular number include the plural number. The word "shall" is mandatory and "may" is
permissive. Words not otherwise defined herein or in any Franchise agreement that might be
granted hereunder shall be given the meaning set forth in the Communications Act of 1934, as
amended, 47 U.S.C. 151 et seq., and as that Act may hereinafter be amended, and, if not defined
therein, their common and ordinary meaning.
A. "Activated Channel" means those channels engineered at the headend of a cable
system for the provision of services generally available to residential subscribers of the cable
system, regardless of whether such services actually are provided, including any channel designated
for public, educational, or governmental use. Channels on which signals flow in the direction from
the headend to the subscriber are referred to as "downstream channels". Where the signal flows
to the headend for redistribution, it shall be referred to as an "upstream channel".
B. "Access channel" means any channel on a cable system set aside without charge by
the Franchisee for public, educational and/or local governmental use.
C. "Affiliate" means any person who owns (which shall be construed to mean 10%
ownership or greater or as defined by FCC rules and regulations) or controls, is owned or controlled
by or is under common ownership or contract with a Franchisee.
D. "Applicant" means any person submitting an application within the meaning of this
Ordinance.
5
E. "Application" means any proposal, submission or request to (1) construct and
operate a cable system within the County; (2) transfer a Franchise or control of the Franchisee; (3)
renew a Franchise; (4) modify a Franchise; or (5) seek any other relief from the County pursuant
to this Ordinance, a Franchise agreement, the Communications Act, or other applicable law. An
application includes an applicant's initial proposal, submission or request, as well as any and all
subsequent amendments or supplements to the proposal and relevant correspondence.
F. "Basic Cable Service" or "Basic Service" means any service tier which includes
the retransmission of local television broadcast signals, and public, education, or governmental
access.
G. "Board" means the Board of County Commissioners of St. Lucie County.
H. "Cable Service" means (i) the one-way transmission to subscribers of video or other
programming service; and (ii) subscriber interaction, if any, which is required for the selection or
use of such video programming services.
I. "Cable Communications System" or "System", also referred to as "Cable
Television System", "Cable System", "CATV System" or "Community Antenna TV System",
shall mean a facility, consisting of a set of closed transmission paths and associated signal
generation, reception, and control equipment that is designed to provide cable television service
which includes video programming and which is provided to multiple subscribers within the
County, but such terms do not include:
(i) A facility that serves only to retransmit the television signals of one or more
television broadcast stations;
(ii) A facility that serves only subscribers without using any public right-of-way;
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(iii) A facility of a conunon carrier which is subject, in whole or in part, to the
provisions of Title II of the Communications Act, except that such facility will
be considered a cable system to the extent it is used in the transmission of video
programming to subscribers unless the extent of such use is solely to provide
interactive on demand services;
(iv) An open video system that complies with Sec. 653 of the Telecommunications
Act of 1996;
(v) Any facilities of any electric utility used solely for operating its electric utility
systems.
Subject to applicable law, the foregoing definition of "cable system" shall not be
deemed to circumscribe the valid authority of the County to regulate the activities of any other
communications system or provider of communications services including but not limited to
telephony and open video systems.
J. "Communications Act" means the Communications Act of 1934, 47 U.S.C. 15i
et seq., as that Act has and may hereinafter be amended.
K. "Control of a Franchisee, or Applicant" means possession of the ability to direct
or cause the direction of the management or policies of a Franchisee, or Applicant, or the operation
of a Franchisee's system, whether through actual operational control in whatever manner exercising
ownership of voting securities, by contract or understanding, or in any other manner.
M. "County" means St. Lucie County, Florida.
N. "Easement Dedicated for Compatible Use" means (1) an easement open for the
use of a cable operator pursuant to the Communications Act and (2) easements and dedications
7
provided for cable television facilities pursuant to Chapter 177 Florida Statutes and of this
Ordinance.
O. "Fair Market Value" means the price that a willing buyer would pay to a willing
seller for a going concern but with no value allocated to the Franchise itself.
P. "FCC" means the Federal Communications Commission and any duly established
successor.
Q. "Franchise" means the right expressly granted by the County to a Franchisee in a
Franchise agreement to construct, maintain and operate a cable system under, on and over Streets,
roads and any other public ways, rights-of-ways or easements within all or specified areas of the
County. The term does not include any franchise, permit, license or other authorization that may
be required by this Ordinance or other laws, ordinances or regulations of the County for the
privilege of transacting and carrying on a business within the County or for disturbing or carrying
out any work on any Street.
R. "Franchise Agreement" means a contract entered into in accordance with the
provisions of this Ordinance between the County and a Franchisee that sets forth the terms and
conditions under which the Franchise will be exercised.
S. "Franchisee" means any person granted a Franchise pursuant to this Ordinance who
has entered into a Franchise agreement with the County.
T. "Franchise Fee" means the fee paid by the Franchisee to the County in
consideration of the use of public streets and rights-of-way.
U. ''Franchise Territory" or ''Franchise Area" means that specific geographical area
in which the Franchisee is authorized to provide cable communications services.
W. "Gross revenues" means all revenues recognized directly or indirectly by the
Franchisee from any source whatsoever to the extent that such revenues are derived from the
operation of the cable system to provide cable services in the County. Gross revenues includes, but
is not limited to, fees charged subscribers for basic service; fees charged subscribers for any
optional, premium, per-channel or per-program services; fees charged subscribers for any tier of
service other than basic service; installation, disconnection, reconnection and change-in-service
fees; leased access fees; fees, payments or other consideration from programmers for carriage of
programming on the system (exclusive of marketing and promotion support); revenue from remote
converter, modem or other equipment rentals or sales; revenues from studio and studio equipment
rental; revenues from transmission of data; advertising revenues allocable to the unincorporated
areas of the County based on a percentage of subscriber base in the County divided by the
Subscriber base of the system. Such percentage will then be multiplied by the cable systems' total
advertising revenue to determine the allocable gross revenue stemming from advertising revenues
from home shopping channels, provided that where certain home shopping channel revenue is
allocable to more than one Franchise area due to common zip codes, the Franchise will allocate the
percentage of revenue to the County which is equivalent to the percentage of the County's
population divided by the total population for the allocable Franchise areas in question. Gross
revenues shall be the basis for computing the Franchise fee imposed pursuant to Section 1-5.5-30
hereof. Gross revenues shall not include any taxes on services furnished by the Franchisee which
are imposed upon any subscriber or user by the state or County or other governmental unit and
collected by the Franchisee on behalf of said governmental unit and which the Franchisee passes
on in full to the applicable tax authority or authorities. However, the Franchise fee shall not be
9
included within the definition of gross revenues unless and until applicable law as determined by
a final non-appealable decision by a court of competent jurisdiction allows the County to so include
the Franchise fee in gross revenues.
AA. "Institutional Network" means a voice, data and/or video communications system
constructed, operated and/or maintained by the Franchisee for the County, the transmissions on
which are generally available only to, and intended to be sent and received by, persons other than
cable subscribers generally.
BB. "Interconnection" means the electronic connection of two or more cable systems
for the purpose of sharing Access channel programming.
CC. "Law" means all duly enacted and applicable federal, state and county laws,
ordinances, codes, rules, regulations and orders.
DD. "Leased Access Channel" or "Leased Channel" means a channel designated in
accordance with Section 612 of the Cable Act, 47 U.S.C. § 532, for commercial use by persons
unaffiliated with the Franchisee.
EE. "Overbuild" means a cable system constructed to serve subscribers in an area of
the County served by an existing cable system.
FF. "Person" means an individual, partnership, association, joint stock company, trust,
corporation or governmental entity, or any lawful successor, transferee or assignee of said
individual, partnership, association, joint stock company, trust corporation or government entity or
personal representative thereof or other legal entity, but shall not mean the County unless otherwise
required by applicable law.
GG. "Programmer" means a person or entity who or which produces or otherwise
10
provides program material or information for transmission by video, audio, digital, or other signals,
either live or from recorded tapes or other storage media, to subscribers by means of the Cable
Communications System.
HI-I. "Public Ways" is an abbreviated term intended to encompass all public rights-of-
way of any description whatsoever in the unincorporated area subject to the control of the County.
II. "Section" means Section, Subsection, or provision of this Ordinance.
JJ. "Service Area" means that portion of the County, as set forth in the Franchise
Agreement, within which the Franchisee has the obligation to install, operate and maintain a cable
system.
KK. "State of the Art" shall mean that technology or those services made available on
an operational, non-experimental basis to subscribers in any community in the State of Florida by
a Franchisee by any system controlled by a parent, affiliate or subsidiary of Franchisee within the
State of Florida.
LL. "Street" or "Streets" means the surface, the air space above the surface and the area
below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway,
thoroughfare, parkway, sidewalk, bridge, tunnel, park,' waterway, dock, bulkhead, wharf, pier,
court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public
place, including public utility easements dedicated for compatible uses, or any other property in
which the County holds any kind of property interest or over which the County exercises any type
of lawful control, and any temporary or permanent fixtures or improvements located thereon, as
may be ordinarily necessary and pertinent to construct and operate a cable system.
MM. "Subscriber" means any person who lawfully receives cable service delivered over
11
the cable system with the Franchisee's express permission.
NN. "Subscriber Base" means the total number of residential and commercial
subscribers within the County.
OO. "System Malfunction" means any cable system equipment, facility or signal failure
or malfunction that results in the loss of satisfactory service on one or more channels to one or more
subscribers. A malfunction is major if it affects ten (10) or more subscribers.
PP. "Transfer of a Franchise" means any transaction in which (1) an ownership or
other interest in a Franchisee or its cable system is transferred from one person or group of persons
to another person or group of persons so that control of a Franchisee is transferred; or (2) the rights
and/or obligations held by a Franchisee under a Franchise agreement are transferred or assigned to
another person, group of persons or business entity.
QQ. "Two-Way Capability" means the incorporation into a cable system of all
appropriate design and engineering characteristics and features so that two-way transmission,
including but not limited to address ability, over the system can be implemented and activated.
RR. "Video Channel" or "Channel" means a portion of the electromagnetic frequency
spectrum which is used in a cable system and which is capable of delivering a television channel,
including the associated audio signal, as television channel is defined by the FCC by regulation or
otherwise.
Section 1-5.5-11. Aoolication for Grant, Renewal~ Modification or Transfer of Franchises
A. A written application shall be filed with the Board for (a) grant of a new Franchise;
(b) renewal of a Franchise in accordance with Section 626 of the Communications Act, 47 U.S.C.
546; (c) modification of a Franchise agreement; (d) a transfer of a Franchise; or (e) any other relief
12
from the County pursuant to this Ordinance or a Franchise agreement.
B. To be acceptable for filing, a signed original of the application shall be submitted
together with seven (7) copies, be accompanied by the required non-refundable application filing
fee as set forth in subsection (I) hereof, conform to any applicable request for proposals, and
contain all reasonably required information. All applications shall include the names and addresses
of persons authorized to act on behalf of the applicant with respect to the application.
All applications accepted for filing shall be made available by the County for public
Co
inspection.
D.
An application for the grant of a new Franchise may be filed pursuant to a request
for proposals issued by the County or on an unsolicited basis. The County, upon receipt of an
unsolicited application, may issue a request for proposals. If the County elects to issue a request
for proposals upon receipt of an unsolicited application, the applicant may submit an amended
application in response to the request for proposals, or may inform the County that its unsolicited
application should be considered in response to the request for proposals, or may withdraw its
unsolicited application. An application which does not conform to the reasonable requirements of
a request for proposals may be considered nonresponsive and denied on that basis.
E. An application for the grant of an initial Franchise shall contain, at minimum, the
following information:
1. Name and address of the applicant and identification of the ownership and
control of the applicant, including: the names and addresses of all persons with five percent (5%)
or more ownership interest in the applicant, including the names and addresses of parents or
subsidiaries holding such ownership interests directly or indirectly; the persons who control the
13
applicant; all officers and directors of the applicant; and any other cable system ownership or other
communication ownership interest of each named person;
2. An indication of whether the applicant, or any person controlling the applicant,
or any officer, or director or person with five percent (5%) or more ownership interest in the
applicant, has been adjudged bankrupt, had a cable Franchise or Franchise revoked, or been found
by any court or administrative agency to have violated a security or antitrust law, or to have
committed a felony, or any crime involving moral turpitude; and, if so, identification of any such
person and a full explanation of the circumstances;
3. A demonstration of the applicant's technical, legal and financial ability to
construct and/or operate the proposed cable system, including identification of key personnel;
4. A statement prepared by a certified public accountant or duly authorized
financial officer of the applicant regarding the applicant's financial ability to complete the
construction and operation of the cable system proposed;
5. A description of the applicant's prior experience in cable system ownership,
construction and operation, and identification of communities in which the applicant or any person
controlling the applicant or having more than a ten percent (10%) ownership interest in applicant
has, or has had, a cable Franchise or Franchise or any interest therein;
6. Identification of the area of the County to be served by the proposed cable
system, including a description of the service area's boundaries;
7. A description of the physical facilities proposed, including channel capacity,
performance characteristics, headend, and access facilities; upon request, the applicant shall make
information on technical design available for inspection;
14
8. Where applicable, a description of the construction of the proposed system,
including an estimate of plant mileage and its location, the proposed construction schedule, a
description, where appropriate, of how services will be converted from existing facilities to new
facilities, and information on the availability of space in conduits including, where appropriate, an
estimate of the cost of any necessary rearrangement of existing facilities;
9. For informational purposes, the proposed rate structure, including projected
charges for each service tier, installation, converters, and other equipment or services, and the
applicant's ownership interest in any proposed program services to be delivered over the cable
system;
10. A demonstration of how the applicant's proposal will reasonably meet the future
cable-related needs and interests of the community, including a description of how the proposal will
meet the needs described in any recent community needs assessment conducted by or for the
County;
11. Pro forma financial projections for the first five (5) years of the Franchise
term, including a statement of projected income, and a schedule of planned capital additions, with
all significant assumptions explained in notes or supporting schedules;
12. If an applicant proposes to provide cable service to an area already served by
an existing cable Franchisee, the identification of the area where the overbuild would occur, the
potential subscriber density in the area which would encompass the overbuild, and the ability of the
Streets to accommodate an additional system;
13. Any other information as may be reasonably necessary to demonstrate
compliance with the requirements of this Ordinance and information that the Board may request
15
application commitments,
requirements.
F.
of the applicant that is relevant to the Board's consideration of the application; and
14. An affidavit or declaration of the applicant or an authorized officer certifying
the truth and accuracy of the information in the application, acknowledging the enforceability of
and certifying that the proposal meets all federal and state law
An application for modification of a Franchise agreement shall include, at minimum,
the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the impact of the
requested modification on subscribers and others, and the financial impact on the applicant if the
modification is approved or disapproved;
3. A statement whether the modification is sought pursuant to Section 625 of the
Communications Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification
meets the standards set forth in 47 U.S.C. § 545.
4. Any other reasonable information necessary for the Board to make an informed
determination on the application for modification; and
5. An affidavit or declaration of the applicant or authorized officer certifying the
truth and accuracy of the information in the application, and certifying that the application is
consistent with all federal and state law requirements.
G. An application for renewal of a Franchise shall comply with the requirements of
Section 1-5.5-16 hereof.
H. An application for approval of a transfer of a Franchise shall comply with the
16
requirements of Section 1.5-5.16 hereof.
I. To be acceptable for filing, an application shall be accompanied by a nonrefundable
filing fee in the following amount, as appropriate:
1) For a new or initial Franchise:
2) For renewal of a Franchise:
3) For a transfer of a Franchise
(other than a pro forma transfer):
4) For a pro forma transfer of a Franchise:
5) For modification of a Franchise
agreement pursuant to 47 U.S.C. § 545:
6) For any other relief:
$7,500
$5,000
$2,500
$1,000
$2,500
$1,000
The purpose of the filing fee is to defray the County's cost in processing an application.
The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a
Franchise within the meaning of Section 622(g) (2) (D) of the Communications Act, 47 U.S.C. §
542 (g)(2)(D), and may not be deducted from the Franchise fee imposed in a Franchise agreement.
Section 1-5.5-12. Grant of Franchises~ Evaluation.
A. The Board may grant a Franchise for a period not to exceed fifteen (15) years to
serve all or a specified area of the County.
B. The Board may grant a Franchise for all or any defined portion of the County. The
Service Area in the Franchise Territory may be either a part of or the entire Franchise Territory as
defined in the Franchise Agreement.
C. The Board may make the grant of a Franchise conditioned upon the completion of
construction within a reasonably prescribed time or upon the performance of other specific
17
obligations which are to be set forth in the Franchise agreement, specifying that failure to comply
with the condition will cause the Franchise to become null and void without further action by the
Board.
D. In evaluating an application for a Franchise, the Board may consider, among other
things, the following factors:
1. The economic impact upon private property within the franchise area;
2. Public need for such franchise, if any;
3. The capacity of public rights of way to accommodate the cable system;
4. The present and future use of the public's rights of way to be used by the cable
system;
5. The potential disruption to existing users of the public's rights of way to be used
by the cable system and the resulting inconvenience which may occur to the public
The legal, technical and financial ability of the franchise applicant to perform;
Other societal interests as are generally considered in cable television
7.
franchising; and
8.
Such other additional matters, both procedural and substantive, as the Board
may in its sole discretion determine to be relevant, including but not limited to the extent to which
the proposal of the applicant will meet the anticipated cable related needs and interests of the
community and serve the public interest. Evaluation by the County shall not be based on the
content of the programming the applicant proposes to provide.
E. The Board shall hold a public hearing to consider an application or applications. The
applicant(s) shall be notified of the hearing and shall be given an opportunity to be heard. Based
18
upon the application(s), the testimony presented at the public hearing, any recommendations of the
County Administrator or staff, and any other information relevant to the application (s), the Board
shall decide by Resolution whether to grant or deny a Franchise application(s) and decide the terms
and conditions of any Franchise(s) granted.
F. If the Board grants a franchise, the franchise shall file an acceptance of the Franchise
accompanied by any and all bonds, certified of insurance or other obligations as required in a
Franchise Agreement within forty-five (45) calendar days from the date of the County resolution
making the grant. This period may be extended for good cause by the Board. If the acceptance is
not filed with the County within forty-five (45) calendar days from the date of the County
resolution making the grant, or if the period is not extended by the Board, the Franchise grant will
be null and void without further action by the Board. In this case of a renewal, the Board may, at
its option, grant Franchisee a short term extension(s) until a Franchise agreement is reached. The
grant of such a short term extension(s) will not confer on Franchisee the right to an automatic
acceptance, transfer, modification or renewal.
G. Following at least ten (10) days prior notice to the applicant and the public, the
Board Commission shall hold a public hearing at which time it will receive comment on the
proposed Franchise agreement.
H. After complying with the above requirements, the Board shall approve or disapprove
the proposed Franchise agreement by resolution, or may direct that it be subject to further
negotiation.
I. The Board may, in its sole discretion, waive any or all of the above application
requirements for cable operators providing service within the~ County prior to January 1, 1997,
19
provided that such operators (a) agree to comply with all provisions of this Ordinance and (b) enter
into a Franchise Agreement with the County no later than one hundred twenty (120) days from the
effective date of this Ordinance.
Section 1-5.5-13. Renewals.
A. Franchise renewal proceedings should be conducted in accordance with applicable
Federal law, including but not limited to, Section 626 of the Cable Act, 47 U.S.C. 546 and
applicable state law. To the extent such additional requirements of this Ordinance or rules and
regulations hereafter adopted by the Board are consistent with applicable law, such requirements
shall apply.
B. If renewal of a Franchise is lawfully denied, the Board may acquire ownership of
the cable system or effect a transfer of ownership of the system to another person upon approval
of the County Commission. Any such acquisition or transfer shall be at fair market value,
determined on the basis of the cable system valued as a going concern but with no value allocated
to the Franchise itself.
C. If renewal of a Franchise is lawfully denied and the Board does not purchase the
cable system or approve or effect a transfer of the cable system to another person, the Board may
require the former Franchisee to remove its facilities and equipment at the former Franchisee's
expense. If the former Franchisee fails to do so within a reasonable period of time, but in no event
not to exceed one hundred eighty (180) days, the Board may have the removal done at the former
Franchisee's and/or surety's expense.
Section 1-5.5-14. Chan~es in Ownership and/or Control.
A. The restrictions, requirements and procedures contained in this Ordinance apply if
20
the transaction proposed is an assignment of Franchisee's Franchise to a separate legal entity. The
terms "Assignor" and "Assignee" respectively should be used in lieu of "Transferor" and
"Transferee" as used herein, if the transaction proposed is an assignment of the Franchise.
B. Any Franchise granted hereunder shall be a privilege to be held by the Franchisee
for the benefit of the public. Said Franchise cannot under any circumstances be assigned, or control
thereof transferred by any means whatsoever including, but not limited to, voluntary or involuntary
sale, consolidation, foreclosure, receivership, or other means without the prior written consent of
the Board.
C.
The word "control" as used herein shall mean the acquisition or transfer by any
person or group of persons of ten percent (10%) or more of the voting shares of Franchisee.
Section 1-5.5-15. Application(s) for Consent to Transfers of Controi~
A. Whenever the holder of a Franchise desires to effect a transfer of control or
ownership of the Franchise to another legal entity, the Transferor and the proposed Transferee shall
jointly apply to the Board for Consent to transfer control or assignment of Franchise. Such
applications must be signed; if a corporation, by an officer authorized to sign for the purpose; if a
partnership, by a general partner; if a proprietorship or joint venture, by a responsible principal.
Applications shall be filed in the office of the County Administrator of St. Lucie County.
B. An application for a transfer of a Franchise shall meet the requirements of Section
1-5.5-11 hereof, and provide complete information on the proposed transaction, including details
on the legal, financial, technical and other qualifications of the transferee, and on the potential
impact of the transfer on subscriber rates and service. Except in the case of a pro forma transfer,
the application shall provide, at a minimum, the information required in subsections 1-5.5-11(E)
21
(1)-(E)(5), and (E)(14) with respect to the proposed transferee. The information required in Section
1-5.5-1 l(E)(6)-8(E) (13) shall also be provided whenever the proposed transferee expects material
changes to occur in those areas. All information required hereunder represents information
expressly required as part of the applicant's requests for approval or transfer.
C. An application for approval of a pro forma transfer of a Franchise shall be
considered granted on the sixty-first (61st) calendar day following the filing of such application
with the County unless, prior to that date, the Board notifies the Franchisee to the contrary. An
application for approval of a pro forma transfer of a Franchise shall clearly identify the application
as such, describe the proposed transaction, and explain why the applicant believes the transfer is
pro forma. Unless otherwise requested by the Board within thirty (30) calendar days of the filing
of an application for a pro forma transfer, the applicant shall be required only to provide the
information required in Subsections 1-5.5-11(E)(1), (3) and (14) with respect to the proposed
transferee.
D. In making a determination on whether to grant an application for a transfer of a
Franchise, the Board shall consider the legal, financial, technical and other qualifications of the
transferee to operate the system; whether the incumbent cable operator is in compliance with its
Franchise agreement and this Ordinance and, if not, the proposed transferee's commitment to cure
such noncompliance; and whether operation by the transferee would adversely affect cable services
to subscribers, or otherwise be contrary to the public interest.
E. No application for a transfer of a Franchise shall be granted unless the transferee
agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise
agreement, and that it will assume the obligations of the previous Franchisee under this Ordinance
22
and the Franchise agreement.
F. The applications will be referred to the County Administrator or the Administrator's
designee for processing, evaluation, and a report containing recommendations will be submitted to
the Board. No Application(s) for Consent shall be granted until after public hearing.
G. A public hearing will be conducted no later than one hundred and twenty (120) days
from the date the complete Application(s) for Consent is received by the County Administrator.
The Board shall publish notice of receipt of the Application ten (10) days prior to the public
hearing.
H. The Board shall reach a determination whether to grant or deny the application no
later than one hundred and twenty (120) days after receipt of the completed application.
Section 1-5.5-16. Consent Not a Waiver.
The consent of the County to any transfer of control, ownership or assignment of a
Franchise shall not constitute a waiver or release of any of the rights of the County under this
Ordinance or the Franchise Agreement, whether arising before or after the date of the transfer,
which it has at law. Any consent by the County shall be construed to subject the new Franchisee
to all of the terms and conditions of the original Franchisee.
Section 1-5.5-17. Fee and Forfeiture.
No application for Consent to assignment or transfer of control of a Franchise will be
granted until all fees and forfeitures due the County hereunder have been paid, and all lawful claims
which the County may have against the Transferor have been settled.
Section 1-5.5-18. Acceptance b.y Transferee.
No assignment or transfer of control shall be effective until the new Franchisee has become
23
a signatory to the Franchise Agreement.
Section 1-5.5-19. Franchise Characteristics Rights and Obligations.
A. A franchise authorizes use of County Streets for installifig cables, wires, lines,
optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as
necessary and pertinent to operate a cable system within the unincorporated areas of the County,
but does not expressly or implicitly authorize the Franchisee to provide service to, or install cables,
wires, lines, underground conduit, or any other equipment or facilities upon private property
without owner consent (except for use of compatible easements pursuant to Section 621 of the
Communications Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits
without a separate agreement with the owners.
B. A franchise is nonexclusive, and will not expressly or implicitly preclude the
issuance of other franchises to operate cable systems within the County, or affect the County's right
to authorize use of County Streets to other persons to operate cable systems or for other purposes
as it determines appropriate.
C. The County reserves the right to reasonably designate where a Franchisee's facilities
are to be placed within the Streets.
D. A franchise shall be a privilege which is in the public trust. No transfer of a
franchise shall occur without the prior consent of the County and unless application is made by the
Franchisee and County approval obtained pursuant to this Ordinance.
E. A franchise granted to an applicant pursuant to an application submitted pursuant
this Ordinance to construct, operate and maintain a cable television system within a specified
Franchise Territory, shall be deemed to constitute both a right and an obligation on the part of the
24
Franchisee to provide the services and facilities of a cable television system as required by the
provisions of this Ordinance and the Franchise. All relevant representations made by the
Franchisee in its application and/or public hearings before the Board of County Commissioners
shall be deemed to be material and made for the purpose of inducing the County to grant the
Franchise in the form accepted.
F. Notwithstanding anything to the contrary, and unless enforcement of this provision
is prohibited by applicable law, in the event that an applicant granted a cable television franchise,
its parent, affiliate or subsidiary elects to offer to subscribers video programming services or
telecommunications services through any means or method not included within the definition of
a cable system, including but not limited to an "open video system", Franchisee shall remain subject
to all terms and conditions of the cable television Franchise granted by the County.
Section 1-5.5-20. Conflict of Laws.
A. It is intended that any Franchise granted pursuant to this Ordinance shall be
consistent with applicable State, Federal and local law. In the event the provisions of this
Ordinance conflict with any applicable State or Federal law, including but not limited to, the lawful
rules and regulations of the FCC and/or other State or Federal agencies having jurisdiction, the
statutory requirements and lawful rules and regulations shall be controlling.
B. All local laws and Ordinances applicable within St. Lucie County in conflict with
the Provisions of this Ordinance, are hereby repealed to the extent of such conflict. Any Franchise
granted hereunder is hereby made subject to the general Ordinance provisions of St. Lucie County
now in effect or hereafter made effective.
C. The provisions of this Ordinance shall apply to a Franchise agreement as if fully set
25
forth in the Franchise agreement, and the express terms of this Ordinance will prevail over
conflicting or inconsistent provisions in a Franchise agreement unless such Franchise agreement
expresses an explicit intent to waive a requirement of this Ordinance.
D. Subject to applicable law, except as may be specifically provided in this Ordinance
or under the terms of a Franchise agreement and subject to the Cable Act, the failure of the County,
upon one or more occasions, to exercise a right or to require compliance or performance under this
Ordinance or a Franchise agreement shall not be deemed to constitute a waiver of such fight or a
forfeiture of a fight to compel compliance or performance.
E. Franchisee shall at all times be subject to all lawful exercise of the police power of
the County.
Section 1-5.5-21. Franchise Nonexclusive.
A. Any Franchise granted shall be nonexclusive. The Board reserves the fight to grant,
at any time, and consistent with this Ordinance, such additional Franchises for cable television
systems, as it finds may promote the public convenience, safety, and general welfare of the
residents of St. Lucie County. All such Franchises shall be granted consistent with applicable law.
B. To the extent expressly required by law, the County shall not grant a cable franchise
on terms and conditions more favorable or less burdensome than those to which existing franchisees
are subject.
Section 1-5.5-22. Overlarmine Applications.
In the event a Franchise Application is filed proposing a Service Territory which overlaps
in whole or in part an existing service area, a copy thereof shall be served by the applicant by
registered mail upon the current licensed Franchisee. Proof that a copy of the Franchise
26
Application has been served upon the current Franchisee shall be provided to the Board. No
application for overlapping Territory shall be processed until proof of service has been furnished
to the Board, and no such application shall be granted without full public hearing on the request.
Section 1-5.5-23. Duration.
Subject to the conditions specified herein, the terms of any Franchise and all rights,
privileges, obligations and restrictions pertaining thereto shall be subject to negotiation and
specified in the Franchise Agreement unless terminated sooner as hereinafter provided. However,
no such Franchise shall be granted for a term longer than fifteen (15) years. The effective date of
the Franchise shall be the date of the execution of the Franchise Agreement by the Board following
acceptance by the Franchisee. Any Franchisee desiring a renewal shall submit a proposal as
specified in 1-5.5-14.
Section 1-5.5-24. Use of Public Streets and Ways.
A. The Board shall authorize the Franchisee, subject to the provisions of this Ordinance
and any Franchise Agreement, to erect, install, construct, reconstruct, and maintain, on, over, under,
upon, across, and along the public streets and ways within a specified areas of the Franchise
Territory such wires, cables, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers,
appliances, attachments, poles, towers and other property and equipment as are necessary and
appropriate to the operation of the cable television system; provided however, that prior to the
exercise of any such rights the Franchisee shall in each case file an application for a construction
permit with the County Administrator or such County agency as designated in such form and
including such data and drawings as the Board shall specify, and Franchisee may not proceed with
the work described in the application before Franchisee has received written approval and a formal
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construction permit has been issued. The County Administrator or his designee shall make a
determination whether to grant or deny the franchisee's request for the permit no later than thirty
(30) days from receipt of a completed application and all information in connection therewith
requested by the County Administrator or his designee.
B. All work shall be in accordance with Florida Statutes and the St. Lucie County Code
of Laws and Ordinances.
C. Neither this Ordinance nor any Franchise granted hereunder shall expressly or
implicitly authorize the Franchisee to provide service to, or install cables, wires, lines, underground
conduit, or any other equipment or facilities upon private property without owner consent (except
for use of compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C.§ 541(a)(2)),
or to use publicly or privately owned conduits without a separate agreement with the owners.
D. All privileges prescribed by a Franchise shall be subordinate to any prior lawful
occupancy of the Streets, and the County reserves the right to reasonably designate where a
Franchisee's facilities are to be placed within the Streets.
Section 1-5.5-25. Operation and Relocation~ etc.~ of Franchisee's Property.
A. The Franchisee shall, at its expense, protect, support, temporarily disconnect,
relocate in the same street or other public place, or remove from the street or other public place, any
property of the Franchisee when required by the Board, by reason of traffic conditions, public
safety, street vacation, freeway and street construction, change or establishment of street grade,
installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of
structures or improvements by public agencies; provided, however, that the Franchise shall in all
such cases have the privileges and be subject to the obligations to abandon any property of the
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Franchisee in place. Franchisee shall be entitled to reimbursement of expenses to the extent and
on the same terms and conditions as any utility.
B. Franchisee shall, at its own expense and in a manner approved by the County,
promptly restore or repair to previous or better condition any damage or disturbance caused to the
public way as a result of Franchisee's operations or construction on its behalf.
C. Any pavements, sidewalks, curbing or other paved area taken up or any excavations
made by a Franchisee shall be done under the supervision and direction of the Board under permits
issued for work by the proper officials of the County, and shall be done in such manner as to give
the least inconvenience to the inhabitants of the County and shall be done in the manner least
disruptive_to the affected property. A Franchisee shall, at its own cost and expense, and in a manner
approved by the Board, replace and restore any such pavements, sidewalks, curbing or other paved
areas to as good a condition as before the work involving such disturbance was done, and shall also
prepare, maintain and provide to the County Engineer full and complete plans, maps and records
showing the exact locations of its facilities located within the public Streets, ways, and easements
of the County. These maps shall be available in any form requested by the County Engineer.
D. Except to the extent required by law, a Franchisee shall, at its expense, protect,
support, temporarily disconnect, relocate, or remove, any of its property when required by the
Board by reason of traffic conditions, public safety, Street construction, Street resurfacing or
widening, change of Street grade, installation of sewers, drains, water pipes, power lines, signal
lines, tracks, or any other type of municipal or public utility improvements; provided, however, that
the Franchisee shall, in all such cases, have the privilege of abandoning any property in place.
E. A Franchisee shall, on the request of any person holding a building moving permit
29
issued by the County, temporarily raise or lower its wires to permit the moving of buildings. The
expense of such temporary removal or raising or lowering of wires shall be paid by the person
requesting same, and the Franchisee shall have the authority to require such payment in advance,
except in the case where the requesting person is the County, in which case no less than five
calendar (5) days advance notice to arrange for such temporary wire changes.
F. A Franchisee shall upon notice to the County of not less than seven (7) days, have
the authority to trim the trees or other natural growth upon and overhanging the Streets so as to
prevent the branches of such trees from coming in contact with the wires, cables and other
equipment of the Franchisee, except that, at the option of the County, such trimming may be done
by it or under its supervision and direction at the expense of the Franchisee.
G. A Franchisee shall use, with the owner's permission, existing underground conduits
(if applicable) or overhead utility facilities whenever feasible. Upon request of the County, copies
of agreements between a Franchisee and third party for use of conduits or other facilities shall be
filed with the County provided that the Franchisee shall have the right to redact proprietary and
confidential information in such agreements as it pertains to financial arrangements between the
parties.
H. All wires, cable lines, and other transmission lines, equipment and structures shall
be installed and located to cause minimum interference with the rights and convenience of property
owners. The County may issue such rules and regulations concerning the installation and
maintenance of a cable system installed in, on, or over the Streets, as may be consistent with this
Ordinance and the Franchise agreement.
I. All safety practices required by law shall be used during construction, maintenance
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and repair of a cable system. A Franchisee shall not place facilities, equipment or fixtures where
they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or
obstruct or hinder in any manner the various utilities serving the residents of the County or their
use of any Street or any other public right of way.
J. A Franchisee shall, at all times:
1. Install and maintain its wires, cables, f'mtures and other equipment in accordance
with the requirements of the County's Building Code and Electrical Safety Ordinances and any
other applicable Building or Electrical Safety Code, and in such manner that they will not interfere
with any installations of the County.
2. Keep and maintain in a safe, suitable, substantial condition, and in good order
and repair, all structures, lines, equipment and connections in, over, under, and upon the Streets,
sidewalks, alleys and public ways or places of the County, wherever situated or located.
K. On Streets where electrical or telephone utility wiring is located underground, either
at the time of initial construction of a cable system or at any time thereafter, a Franchisee's cable
shall also be located underground at the Franchisee's expense, except that a Franchisee shall be
reimbursed for expense to the same extent as are utilities. Between a Street and a subscriber's
residence, a Franchisee's cable must be located underground if both electrical and telephone utility
wiring are located underground. The County shall encourage, to the extent feasible, that the public
utility and the Franchisee cooperate in opening up trenches and making such trenches available to
all parties with the understanding that the costs of opening and refilling of such trenches would be
shared equally by all users of such trenches.
L. In the event the use of any part of a cable system is discontinued for any reason for
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a continuous period of twelve (12) months, or in the event such system or property has been
installed in any Street without complying with the requirements of this Ordinance or a Franchise
agreement, or the Franchise has been terminated, canceled or expired, the Franchisee, within thirty
(30) days after written notice by the Board, shall provide the Board with a plan for curing such non-
compliance or shall commence removal from the Streets of all such property as the Board may
require.
M. The Board may extend the time for the removal of Franchisee's equipment and
facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment
and facilities may be deemed abandoned.
N. In the event of such removal or abandonment, the Franchisee shall restore the area
to as good a condition as prior to such removal or abandonment
Section 1-5.5-26. Performance of Work by County Upon Failure of Franchisee to Do So.
Upon failure of the Franchisee to commence, pursue or complete any work required by law
or by the provisions of this Ordinance or by its Franchise to be done in any street or other public
place, within the time prescribed, and to the satisfaction of the Board, the Board may, at its option,
cause such work to be done and the Franchisee shall pay to the County the cost thereof in the
itemized amounts reported by the Board to the licensee within thirty (30) days after receipt of such
itemized report.
Section 1-5.5-27. Annual Construction Report Required.
The Franchisee shall file annually during the term of its Franchise, on or before the
anniversary date of the issuance of its Franchise, an annual Franchisee's construction report, which
shall certify all completed construction. This report shall be in a format acceptable to the Board.
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Section 1-5.5-28. Joint Use of Poles.
A. In order to minimize the setting of poles, any Franchisee shall seek to conclude joint
use agreements with utilities and other owners of pole lines on the public rights-of way so as to
utilize existing poles, conduits and other facilities whenever possible. However, no location of any
pole, conduit, or wiring holding structure of the Franchisee shall be a vested interest. Joint use of
poles shall be in accordance with Florida Statutes and the St. Lucie County Code of Laws and
Ordinances and applicable federal law.
B. The Franchisee shall not install its own utility pole without the prior written approval
of the Board or its designee.
C. The County shall be permitted to make use of the poles or other wire holding
structures or other conduits of the Franchisee for any use that is not competitive with Franchisee
without charge or remuneration to the structures of the Franchisee if such use would not unduly
hamper or interfere with the Franchisee's use thereof, provided that Franchisee has adequate space
available without removing any attachment made prior to receipt of the request from the County.
Section 1-5.5-29. Franchise Payments.
A. Franchisee, or any person operating a cable system pending issuance of a franchise
by the County, as compensation for the privilege of the use of the County's streets to construct
and/or operate a cable system, shall pay to the County a franchise fee in an amount up to a
maximum of either (1) five percent (5%) of the Franchisee's gross revenues derived directly or
indirectly from the operation of its cable system within the County during the term of its franchise;
or (2) in the event the Communications Act or other applicable law is amended to permit the
County to assess a franchise fee of a greater amount than that specified in (1) above, the Franchisee
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agrees to immediately enter good faith negotiations with respect to increasing the amount of the fee
payment.
B. A Franchisee shall pay the franchise fee due to the County on a quarterly basis.
Payment for each quarter shall be made to the County not later than thirty (30) calendar days after
the end of each calendar quarter, provided however, that payment for the fourth quarter (October,
November and December) shall not be due until seventy-five (75) days after the end of the quarter.
C. A Franchisee shall file with the County, on a quarterly basis with the payment of the
franchise fee, a financial statement setting forth the computation of gross revenues used to calculate
the franchise fee for the preceding quarter and a detailed explanation of the method of computation.
The statement shall be certified by a certified public accountant or the Franchisee's chief financial
or other duly authorized f'mancial officer. The Franchisee will bear the cost of the preparation of
such financial statements.
o
0
0
0
D. Subject to applicable law, no acceptance by the County of any franchise fee payment
shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such
acceptance of payment be construed as a release of any claim the County may have for additional
sums payable.
E.
assessment.
The franchise fee payment is not a payment in lieu of any other tax, fee or
F. The County may, from time to time, and upon reasonable notice, inspect, copy and
audit any and all books and records of the Franchisee relevant to the determination of Gross
Revenues and the computation of franchise fees due, and may recompute any amounts determined
to be payable under the franchise. The cost of the audit will be borne by the Franchisee if, as a
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result of the audit, the County determines that the Franchisee has underpaid the franchise fees owed
in an amount equal to or exceeding two percent (2%) of the Franchise fees actually paid. A
Franchisee shall make all books and records necessary to satisfactorily perform the audit readily
available to the auditors in St. Lucie County, for inspection and copying or in the alternative,
Franchisee shall pay all costs necessary for the County to perform the audit at a location outside of
St. Lucie County.
G. In the event that a franchise fee payment is not received by the County on or before
the due date set forth in subsection B above, or is underpaid, the Franchisee will pay a late charge
of eighteen percent (18%) per annum of the amount of the unpaid or underpaid franchise fee
payment, provided, however, that such rate does not exceed the maximum allowed under Florida
law. Any interest and/or late charges paid by Franchisee is intended to be a charge incidental to the
enforcing of a Franchise within the meaning of Section 622 (g)(2)(D) of the Cable Act, 47 U.S.C.§
542 (g)(2)(D), and may not be deducted from the Franchise fee imposed by this Ordinance or any
franchise agreement.
H. When a grant terminates for whatever reason, the Franchisee or Franchise shall file
with the County within ninety (90) calendar days of the date its operations in the County cease a
financial statement, certified by a certified public accountant or the Franchisee's chief financial
officer, showing the gross revenues received by the Franchisee since the end of the previous fiscal
year. Adjustments will be made at that time for franchise fees due to the date that the Franchisee's
operations ceased.
Section 1-5.5-30.
mo
Reports and Records.
Within six (6) months of the close of its fiscal year, a Franchisee shah provide the
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County with an annual report that includes the following information:
1. A summary of the previous year's activities in development of the system,
including but not limited to, services initiated or discontinued, number of subscribers for each tier
or type of service (including gains and losses), homes passed, and miles of cable distribution plant
in services. The report shall include an explanation of any increase or decrease in the number of
subscribers by more than ten (10%) percent. The summary shall also include a comparison of any
construction, including system upgrades, during the year with any projections previously provided
to the County, as well as rate and charge increases and/or decreases for the previous fiscal year.
2. A financial statement and a statement of sources of revenues at the system level.
The statement shall be audited if Franchisee has audited statements performed in its normal course
of business. If not, the statement shall be certified by the Franchisee's chief financial officer or
other duly authorized financial officer of the Franchisee. The statement shall include notes that
specify all significant accounting policies and practices upon which it is based. A summary shall
be provided comparing the current year with previous years since the beginning of the Franchise.
3. A copy of updated maps depicting the location of all cable plant, showing areas
served and locations of all trunk lines and feeder lines in the County. At such time as such maps
become available in digitized form, same will be provided to the County at Franchisee's expense.
4. A summary of subscriber or resident complaints, identifying the number and
nature of complaints and their disposition. Where complaints involve recurrent system problems,
the nature of each problem and the corrective measures taken shall be identified. More detailed
information concerning complaints shall be submitted upon written request of the Board.
5. A summary of the number of outages, number of planned outages, number of
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outages during prime viewing hours (8:00 p.m. - 11:00 p.m. daily), and a number of outages by
duration.
6. If the Franchisee is a corporation, a list of officers and members of the board
of directors; the officers and members of the board of directors of any parent corporation; and if
the Franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy
of its most recent annual report.
7. If the Franchisee is a partnership, a list of the partners, including any limited
partners, and their addresses; and if the general partner is a corporation, a list of officers and
members of the board of directors or the corporate general partner, and the officers and directors
of any parent corporation; and where the general partner or its parent corporation's ownership
interests are publicly traded, a copy of its most recent annual report.
8. A list of all persons holding ten percent (10%) or more ownership or otherwise
cognizable interest in the Franchisee pursuant to 47 C.F.R. 76.501.
9. A copy of the Franchisee's rules and regulations applicable to subscribers of the
cable system.
10. A report on the number of senior citizen, economically disadvantaged or
handicapped subscribers receiving any rate discounts, the number of multiple dwelling buildings
and units therein receiving any discount, and the amount of any such discounts for specific services
if Franchisee offers separate rates or discounts for those categories of subscribers.
11. A full schedule and description of services, service hours and location of the
Franchisee's customer service office or offices available to subscribers, and a schedule of all rates,
fees and charges for all services provided over the cable system.
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12. A report on the number of total subscribers served by the Franchisee in the cable
system, with a breakdown by the types of services received by the subscribers.
B. Upon request of the County, a franchisee shall provide the following documents to
the County as received or filed, without regard to whether the documents are filed by the Franchisee
or an affiliate:
1. Annual report of the Franchisee or its parent or any affiliate of Franchisee which
controls Franchisee and issues an annual report;
2. Copyright filings reflecting the operation of the system;
3. FCC Forms 325 and 395A for the system, or their successor forms;
4. Any and all pleadings, petitions, applications, communications, reports and
documents (collectively referred to as "filings") submitted by or on behalf of the Franchisee to the
FCC, SEC or any state or federal agency, court or regulatory commission which filings may impact
the Franchisee's operation of the Franchisee's cable system or that may impact the County's rights
or obligations under this Ordinance of the Franchise Agreement issued pursuant to this Ordinance
and any and all responses, if any, to the above mentioned filings.
5. Any and all notices of deficiency, forfeiture, or documents instituting any
investigation, civil or criminal proceeding issued by any state or federal agency regarding the
system, Franchisee, or any Affiliate of Franchisee, provided, however, that any such notice or
documents relating to an Affiliate of Franchisee need be provided only to the extent the same may
directly or indirectly affect or bear on Franchisee's operations in the County. For example, a notice
that an Affiliate which has a management contract for the County's system was not in compliance
with FCC EEO requirements would be deemed to affect or bear on operations in the County.
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6. Any request for protection under bankruptcy laws, or any judgment related to
a declaration of bankruptcy.
7. Notwithstanding anything to the contrary, the Franchisee agrees to provide the
County, within thirty (30) days of filing or receipt of such, any document that may adversely impact
the construction, operation or maintenance of the Franchisee's cable system.
C. A Franchisee shall make a complete set of books and records available for
inspection, copying and audit by the County in St. Lucie County, for purposes of ascertaining
compliance with requirements of this Ordinance and the Franchise agreement. Such inspection,
copying and audit shall be upon reasonable notice and during normal business hours.
D. Upon written request by the Franchisee and to the extent allowed by applicable law,
information of a proprietary nature submitted by the Franchisee to the County pursuant to this
Ordinance or a Franchise agreement will not be made available for public inspection to the extent
permitted by law.
Section 1-5.5-31. Indemnification.
A. By acceptance of any Franchise granted hereunder, Franchisee agrees to indemnify,
defend and hold harmless the County, its officers, boards, commissioners, agents and employees
for damages at law or equity of any nature whatsoever arising out of or through, or alleged to arise
out of or through the negligent or malicious acts or omissions of the Franchisee, its servants,
employees and agents.
B. The Franchisee shall defend in the name of the County, and pay all expenses
incurred by the County in defending itself, with regard to all damages and penalties the County may
legally be required to pay as a result of the negligent or malicious acts or omissions of the
0
39
Franchisee, its servants, employees and agents. Damages and penalties shall include but not be
limited to damages arising out of the award of a franchise to that franchisee or the terms and
conditions thereto, the construction, installation, operation or maintenance of its cable
communication system, whether or not any such act or omission is authorized, allowed or
prohibited by this Ordinance or the Franchise granted hereunder. Expenses shall include all
incidental expenses including, but not limited to, attorneys fees. The Board shall notify Franchisee
of any actions, claims, or suits, of any nature whatsoever, arising out of or through or alleged to
arise out of or through or in any way connected with the grant of a franchise to the Franchisee or
through the operation of the Franchisee's business as a cable television communications services
operator for which the indemnification provisions of this Ordinance are applicable.
Section 1-5.5-32. Insurance.
A. The Franchisee shall obtain and maintain at its sole cost and expense liability
insurance, insuring the County and the Franchisee against all claims for penalties or damages
charged against the County or Franchisee resulting from the act of granting the Franchise to the
designated Franchisee, the acts or omissions of Franchisee, its servants, employees, agents, or
independent contracts, the installation, construction, operation, maintenance or expansion of its
cable communications system herein authorized. Franchisee shall maintain such insurance with St.
Lucie County as an additional insured party throughout the term of the Franchise and any renewal
term in the amounts specified in the Franchise but in no event less than the amounts specified
below:
1. $ 500,000 for property damage in any one accident.
2. $ 500,000 for personal bodily injury to anyone person.
40
3. $1,000,000 for personal bodily injury in anyone accident.
4. Workers Compensation and employee liability insurance meeting all
requirements of Florida law.
5. Automobile insurance covering all owned, non-owned and hired vehicles used
in. connection with Franchisee's cable communications system and services.
B. Copies. Within thirty (30) days after the effective date of the Franchise, the
Franchisee shall furnish the County with certificates of insurance. In no event shall Franchisee
commence construction or undertake any business activity authorized by the Franchise issued
hereunder until all insurance policies are in full force and effect.
C. Additional Insured, Endorsements. The insurance policies required herein shall
name the County, its officers, boards, commissions, agents and employees as additional insured.
Each policy shall contain a statement to the effect: "It is understood and agreed by the surety that
this insurance policy may not be canceled by the surety until thirty (30) days after written notice
to St. Lucie County by registered mail of such intention to cancel or not renew."
D. All insurance carders providing coverage under (A.) above shall be duly licensed
to operate in the State of Florida, shall be sureties with a minimum rating of A-1 in Best's Key
Rating Guide, and shall be subject to approval by the Board.
Section 1-5.5-33. Security Fund/Corporate Guarantee.
A. A franchise agreement shall provide that, prior to the franchise becoming effective,
the Franchisee shall post with the County a cash security deposit or in the alternative a corporate
guarantee in a form acceptable to the County in an amount not less than One Hundred Thousand
Dollars ($100,000) to be used as a security fund to ensure the Franchisee's faithful performance of
41
and compliance with all provisions of this Ordinance, the franchise agreement, and other applicable
law, and compliance with all orders, permits and directions of the County, and the payment by the
Franchisee of any claims, liens, fees, or taxes due the County which arise by reason of the
construction, operation or maintenance of the system. The amount of the security fund or corporate
guarantee shall be the amount that the Board determines, under circumstances existing at the time,
that is necessary to protect the public, to provide adequate incentive to the Franchise to comply with
this Ordinance and the franchise agreement, and to enable the Board to effectively enforce
compliance therewith. The franchise agreement shall provide for the procedures to be followed
with respect to the security fund or corporate guarantee.
B. The terms of a Franchise Agreement may permit a franchisee to file and maintain
with the County a bond with an acceptable surety and the amount no less than One Hundred
Thousand Dollars ($100,000) in lieu of a security fund to indemnify the County against any losses
it may suffer in the event the Franchisee fails to comply with one or more of the provisions of its
franchise. Said bond shall be obtained at the sole expense of the Franchisee and remain in effect
for the full term of the franchise plus an additional six (6) months thereafter. The Franchisee and
its surety shall be jointly and severally liable under the terms of the bond for any damages or loss
suffered by the County as a result of the Franchisee's nonperformance, including the full amount
of any compensation, indemnification or cost of removal of any property of the Franchisee in the
event of default, a reasonable allowance for attorneys' fees and costs, up to the full amount of bond.
The bond shall provide for thirty (30) days' prior to written notice to the County of any intention
on the part of the Franchisee to cancel, fail to renew, or otherwise materially alter its terms. Neither
the filing of an indemnity bond with the County, nor the receipt of any damages recovered by the
42
County thereunder, shall be construed to excuse faithful performance by the Franchisee or limit the
liability by the Franchisee under the terms of its franchise for damages, either to the full amount
of the bond or otherwise.
C. The rights reserved to the County with respect to the security fund or an indemnity
bond are in addition to all other rights of the County, whether reserved by this Ordinance or
authorized by other law or the franchise agreement, and no action, proceeding or exercise of a right
with respect to such security fund or indemnity bond will effect any other right the County may
have.
D. The security fund shall be maintained at the amount specified in subsection (A) of
this section, even if amounts have to be withdrawn.
E. If the Franchisee fails to pay to the County any compensation within the time fixed
herein or any penalties, or fails to repay the County within ten (10) days, any damages, costs or
expenses which the County is compelled to pay by reason of any act or default of the franchisee in
connection with the franchise, or fails, after three (3) notice such failure by the County to comply
with any provision of the franchise agreement which the County reasonably determines can be
remedied by demand on the security fund, the County may immediately withdraw the amount
thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the County
shall notify the licensee of the amount and the date thereof.
F. Within ten (10) days after notice to it that any amount has been withdrawn from the
security fund deposited pursuant to subsection (A) of this section, the Franchisee shall pay to, or
deposit with, the County a sum sufficient to restore such security fund to the amounts specified in
subsection (A) of this section. Failure to replenish the security fund shall subject the Franchisee
43
to penalties and the Franchisee shall pay interest on the amount by which the security fund has been
reduced at three (3) percent above the then prevailing prime rate.
G. The rights reserved to the County with respect to the security fund are in addition
to all other rights of the County, whether reserved by the franchise or authorized by law, and no
action, proceeding or exercise of a right with respect to such security fund shall affect any other
right the County may have.
H. The security fund deposited pursuant to this section shall become the property of the
County in the event that the franchise granted herein is canceled or terminated by reason of the
default of the franchisee. The franchise, however, shall be entided to the return of such security
fund, or portion thereof, without interest, as remains on deposit with the County at the expiration
of the term of the franchise, provided that there is then no outstanding default on the part of the
franchisee.
Section 1-5.5-34. Construction Bond.
A. Within thirty (30) days after the granting of a Franchise and prior to the
commencement of any construction work by the Franchisee, the Franchisee shall file with the
County a Construction Bond or Letter of Credit in the amount specified in the Franchise agreement
in favor of the County. Such amount shall be reasonably related to the value of the work being
undertaken.
B. Such Bond or Letter of Credit shall be in a form approved by the County.
C. The Board shall authorize release of the Bond no sooner than six (6) months and no
later than twelve (12) months after completion of construction.
D. The County, at its sole option, may waive this requirement, or permit consolidation
44
of the Construction Bond or Letter of Credit with the Performance Bond or Letter of Credit as
specified, respectively in Sections 1-5.5-34 and 1-5.5-35.
Section 1-5.5-35. System Design Provision~ Minimum Facilities and Services.
A. The cable television system shall be constructed in accordance with the design
requirements contained in the Franchise Agreement.
B. The following minimum requirements for facilities and services shall apply to all
Franchises granted by the County. The County may require in a Franchise agreement that a
Franchisee exceed these minimum requirements where it determines, under circumstances existing
at the time of the application, that the additional requirements are necessary to meet the County' s
cable related needs and interests or to serve the public interest.
1. Any cable system that commences initial construction, after the effective date
of this Ordinance shall have a minimum capacity of at least 750 MHZ, delivering no less than 80
video channels available for immediate use. A Franchise agreement may provide for a larger
minimum channel capacity requirement.
2. The County may require in a Franchise agreement that a Franchisee provide
access channels, facilities and other support for public, educational and/or governmental use.
3. Upon written request from the County, a cable system shall cablecast County
Commission meetings live to all subscribers located within the County at no cost to the County.
4. A cable system shall provide leased access channels as required by federal law.
5. A Franchisee shall make available to its subscribers equipment capable of
decoding closed circuit captioning information for the hearing impaired. A Franchisee may impose
a reasonable charge for such equipment.
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6. Unless a Franchise agreement or applicable law provides otherwise, standard
installation shall consist of a drop, not exceeding one hundred twenty-five (125) feet from the cable
plant to the nearest part of a subscriber's residence. Residential drops in excess of one hundred
twenty-five (125) feet may be charged according to the Franchisee's rate schedule.
C. The County may require as a condition of any Franchise agreement that the
Franchisee construct and maintain its cable system in conformance with the State of the Art as
defined in Section 1-5.5-10 herein.
D. A Franchisee that commences initial construction after the date hereof shall make
cable service available to all residents and business within the unincorporated area of the County.
Section 1-5.5-36. Service to Schools and Libraries.
Franchisee shall provide no less than Basic Cable Service and when available online access
to each public school, libraries and County office located within the area served by the Franchisee.
There shall be no charge for Basic Cable Service or installation thereof. The Franchisee at its
option may provide similar services to private schools upon the same terms as for public schools.
Section 1-5.5-37. Government Channels and Facilities.
A. Applications for an initial or renewed Franchise may and, at the Board's request,
shall include proposals for the provision of access channels in connection with
public/education/government use and the provision of equipment, facilities and support sufficient
to meet community needs.
B. Pursuant to the terms and conditions of a franchise agreement, a Franchisee shall
provide the County, without charge, no less than two operative television channels over the system,
with one channel to be provided solely for the County and other governmental bodies designated
46
by the Board in order to transmit over said systems civic programs, lectures, shows,
announcements, Commission or Board meetings, educational, amusement or recreational
information, and all other lawful news or information of public interest which the County desires
at any and all times and one channel to be dedicated exclusively to educational uses, including but
not limited to, school programs.
C. A Franchisee shall provide, at the request of the Board, use of Franchisee's studio
equipment and technical services for production of live and video-taped municipal programs,
subject to reasonable availability and scheduling requirements of the Franchisee.
D. To the extent it is possible, a Franchisee shall provide, at the request of the Board,
trained personnel to assist the County in the production of live and video-taped municipal programs
at locations other than Franchisee's studio as designated by the County Administrator.
E. Applications for an initial or renewed Franchise may and, at the Board's request,
shall include proposals for the provision of an Institutional Network interconnecting County
government, educational institutions, and/or other public facilities.
F. Applications for an initial or renewed Franchise may and, at the County's request,
shall include a proposal for the interconnection of Franchisee to any or all other cable systems
operating within the County or in areas adjacent to the County.
G. A Franchisee shall provide the County at a location to be specified by the agency,
free of charge, an emergency override capability and alert warning system by which St. Lucie
County officials may interrupt by audio and visual (crawl) all programs simultaneously to either
broadcast emergency information directly or to tune to a specified channel.
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Section 1-5.5-38. Technical Standards~ Construction Procedures.
A. Any cable system within the County shall at minimum meet the technical standards
of the FCC or other applicable federal or state technical standards, including any such standards as
hereinafter may be amended or adopted by the FCC or other federal or state agency having such
authority. All television signals transmitted on a cable system shall include any closed circuit
captioning information for the hearing impaired. Antennas, supporting structures, and outside
plants used in the system shall be designed to comply with all generally accepted industry practices
and standards and with all federal, state, county
regulations.
B.
and/or utility laws, ordinances, rules and
All construction, installation and maintenance shall comply with all applicable
federal, state and county construction codes, including but not limited to, the National Electrical
Safety Code, the National Electric Code, the South Florida Building Code, and all applicable laws
and accepted industry practices, and as hereinafter may be amended or changed.
C. At the times required by FCC rules, the Franchisee shall perform at its expense proof
of performance tests designed to demonstrate compliance with the requirements of this Ordinance,
the Franchise agreement, and FCC requirements. The Franchisee shall provide the proof of
performance test results to the Board within thirty (30) days after completion and upon written
request from the County. The Board shall have the right upon at least five (5) days written notice
to the Franchisee to inspect the cable system facilities during and after their construction to ensure
compliance with the requirements of the Franchise agreement, this Ordinance, and FCC standards.
D. The Board may require any other tests as specified in a Franchise agreement or
applicable law or regulation, to be performed at the expense of the Franchisee. The Franchisee
48
shall provide the test results to the County within thirty (30) days of completion of the proof of
performance or other tests.
E. The Franchisee shall provide the County reasonable advance written notice when
a proof of performance test required in subsections (C) and (D) above is scheduled so that the
County may have an observer present.
F. A Franchisee shall not design, install or operate its facilities in a manner that will
interfere with the signals of any broadcast station, the facilities of any public utility, the cable
system of another Franchisee, or individual or master antennas or other system used for receiving
television or other broadcast signals.
Section 1-5.5-39. Construction Practices.
A. Good Engineering Practices. All plant and equipment, including but not limited to
the antenna sites, towers, headend and distribution systems, subscriber terminals, structures, poles,
wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected,
constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance
with good engineering practices, performed by experienced maintenance and construction personnel
so as not to interfere with or unnecessarily hinder or obstruct pedestrian or vehicular traffic or
endanger the public safety.
In addition, Franchisee shall exercise reasonable care in the performance of work authorized
by this Ordinance so as to avoid damage to the facilities of public utilities and shall be liable for all
such damage to the extent required by law. In the event of such damage, Franchisee shall report
same immediately to the affected utility and shall timely reimburse said utility for all reasonable
costs of repair of said damage. Franchisee shall be responsible for contacting all affected utilities,
49
and, in addition, the Underground Notification Center Liaison for Excavators (UNCLE), to arrange
for contacting all affected utilities prior to commencing conslxuction, installation, repak and similar
work.
The Franchisee shall at all times employ due care and shall install and maintain methods and
devices for preventing failures and accidents which might cause damage, injury or nuisance to the
public.
Section 1-5.5-40. Construction Permit Required.
A. The Franchisee shall apply to the County Engineer for construction permits for new
construction work to be performed in the County's public rights-of-way or easements in the form
and manner prescribed by the Board. The County will act on the permit within thirty (30) days of
receipt of a complete application and all information related thereto. No construction shall be
commenced prior to the grant of the construction permit therefor. Granting of the permit is in the
sole discretion of the Board as to the best use of the right-of-way/easement for the public health,
safety and welfare.
B. The granting of a permit under this Ordinance does not take the place of any other
Franchise, License or permit which might be normally required by law.
C. When a construction permit is issued by the County, the Franchisee shall begin
actual physical plant construction within sixty (60) days from the date of issuance of said permit.
D. Said construction shall be completed within the time period specified in the
construction permit request. If said construction is not completed within said specified time period,
or should construction not be commenced on the date specified by said permit, then the permit shall
be deemed null, void, and of no further force and effect.
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Section 1-5.5-41.
E. Franchisee may request construction extensions from the County Administrator, in
writing, for good cause, and the Administrator, following review of such request, shall either allow
such extensions or deny same promptly after receipt of such request(s).
Customer Service Requirements.
A. A Franchisee shall maintain all
accordance with standards generally observed
parts of its system in good condition and in
by the cable television industry. Sufficient
employees shall be retained to provide safe, adequate, and prompt service for all of its customers
and facilities.
B. A Franchisee shall maintain at least one conveniently located business office and/or
service center within the County limits. This business office shall be open at minimum from 8:30
a.m. to 5:30 p.m., Monday through Friday, or such other period not to be less than eight (8) hours
as provided in a Franchise agreement, and some weekend and evening hours as may be required
by a Franchise agreement. Franchisee shall operate its business so complaints and requests for
repairs or adjustments may be received by telephone twenty-four (24) hours per day, seven (7) days
per week including holidays.
C. Franchisee shall maintain a listed local, toll-free or collect call telephone number and
employ a sufficient number of telephone lines, personnel and answering equipment or service to
allow reasonable access by subscribers and members of the public to contact the Franchisee on a
full-time basis, twenty-four (24) hours per day, seven (7) days per week. Knowledgeable, qualified
Franchisee representatives will be available to respond to customer telephone inquiries, twenty-four
(24) hours per day, seven (7) days per week.
D. Franchisee shall answer all customer service and repair telephone calls made under
51
normal operating conditions within ~rty (30) seconds, including wait time and within an additional
thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3)
percent of the time. These standards shall be met no less than ninety (90) percent of the time under
normal operating conditions, measured on a quarterly basis.
E. A Franchisee shall employ and maintain sufficient qualified personnel and
equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other
equipment; (iii) to receive subscriber complaints or requests for service or repairs on a full-time
basis, twenty-four (24) hours per day, seven (7) days per week; (iv) to initiate service installations,
undertake normal repairs, initiate action with respect to any subscriber service complaints within
twenty-four (24) hours; (v) to enable a service technician to respond to service calls twenty-four
(24) hours per day, seven (7) days a week including holidays when more than 15 subscribers served
from the same nearest active electronic device, such as an amplifier or node, call with the same
complaint.
F. Franchisee must meet each of the following standards no less than ninety-five (95)
percent of the time under normal operating conditions as measured on a quarterly basis:
1. Standard installation work shall be performed within seven (7) business days
after an order has been placed except in those instances where a subscriber specifically requests an
installation date beyond the seven (7) business day period. "Standard" installations are up to one
hundred and twenty-five (125) feet from the existing distribution system. If scheduled installation
is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of
the Franchisee the same day. Evening personnel shall also attempt to call subscribers at their homes
between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee
52
of the Franchisee shall telephone the subscriber the next day;
2. Franchisee will respond to service interruptions promptly and in no event
later than twenty-four (24) hours after the interruption becomes known. Other service problems will
be responded to promptly and in no event later than forty-eight (48) hours after the problem
becomes knoWn. All service interruptions, and service problems within the control of franchisee,
will be corrected within seventy-two (72) hours after receipt of a complaint;
3. The appointment window alternatives made available for installations, service
calls, repairs, and other installation activities will be either a specific time, a four-hour time block
during normal business hours, or at the election and discretion of the subscriber, "all day";
4. Franchisee may not cancel an appointment with a subscriber after the close
of business on the business day prior to the scheduled appointment; and
5. If at any time an installer or technician is running late for a scheduled
appointment, an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
G. Subscribers who have experienced two (2) missed installation or service
appointments due to the fault of Franchisee shall receive installation free of charge. If the
installation was to have been provided free of charge or if the appointment was for service or repair,
the subscriber shall receive a credit on his bill of not less than twenty dollars ($20.00).
H. Disconnection.
Voluntary Disconnection.
(a) A subscriber may terminate service at any time.
(b) A Franchisee shall promptly disconnect any subscriber who so
requests from the Franchisee's cable system. No period of notice
prior to voluntary termination of service may be required of
subscribers by any Franchisee. So long as the subscriber returns
equipment within three (3) business days of the disconnection, no
charge may be imposed by any Franchisee for such voluntary
disconnection, or for any cable services delivered after the date of
disconnect request.
(c) A subscriber may be asked, but not required, to disconnect the
Franchisee's equipment and return it to the business office.
(d) Any security deposit and/or other funds due the subscriber shall be
refunded on disconnected accounts after the converter or other
equipment has been recovered by the Franchisee. The refund
process shall take a maximum of thirty (30) days from the date
disconnection (including remm of the equipment) was completed to
the date the customer receives the refund.
2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber
or other fee or charge, the Franchisee may disconnect the subscriber's service outlet; however, such
disconnection shall not be effected until thirty-five (35) days after the due date of the monthly
subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to
the subscriber in question. If the subscriber pays within thirty-five (35) days of the due date and
after notice of disconnection has been given, the Franchisee shall not disconnect. After
disconnection, upon payment by the subscriber in full of all proper fees or charges, including the
54
payment of the reconnection charge, if any, the Franchisee shall promptly reinstate service.
3. Nothing in this Ordinance shall be construed to prevent the Franchisee from
removing its property from a subscriber's premises upon the termination of service. At the
subscriber's request, a Franchisee shall remove all of its facilities and equipment from the
subscriber's premises within thirty (30) calendar days of the subscriber's request. Where removal
is impractical, such as with buried cable or internal wiring, facilities and equipment may be
disconnected and abandoned rather than removed, unless there is a written agreement stating
otherwise, provided, however, that such agreement must be consistent with applicable law and FCC
rules.
I. Franchisee shall intentionally interrupt service only for good cause and for the
shortest time possible. Franchisee shall maintain a written log for all intentional service
interruptions.
J. Franchisee shall notify County or its designee immediately if a service interruption
affects two hundred or more subscribers for a time period greater than four hours.
K. Franchisee shall cause all its field employees to wear a picture identification badge
indicating their employment by Franchisee. This badge shall be clearly visible to the public.
L. A Franchisee shall develop written procedures for the investigation and resolution
of all subscriber or County resident complaints, including, but not limited to, those regarding the
quality of service and equipment malfunction, which procedures shall be subject to the review and
approval by the County Administrator or his designee. A subscriber or County resident who has
not been satisfied by following the Franchisee's procedures may file a written complaint with the
County Administrator or his designee, who will investigate the matter and, in consultation with the
55
Franchisee as appropriate, attempt to resolve the matter. A Franchisee's good faith or lack thereof
in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be
considered in connection with the Franchisee's renewal application. Franchisee shall~tnaintain a
complete list of all complaints not resolved within seven (7) days of receipt and the measures taken
to resolve them. This list shall be compiled in a form to be approved by the County Administrator
or his designee. It shall be compiled on a quarterly basis. The list for each calendar quarter shall
be supplied to the County Administrator no later than the 15th day of the month following the end
of the preceding quarter. Franchisee shall also maintain a list of all complaints received, which list
will be available to the designated County Administrator.
M. Franchisee shall permit the County Administrator or his designee to inspect and test
the system's technical equipment and facilities upon reasonable notice not to be less than forty-eight
(48) hours.
N. Franchisee shall abide by the following requirements governing communication with
customers, bills and refunds:
1. Each Franchisee shall provide to subscribers written information in each of
the following areas at the time of installation, at least once annually, and at any future time upon
request by the Subscriber:
(a)
(b)
(c)
(d)
(e)
How to use the cable service;
Installation and service maintenance policies;
The products and services offered;
Prices and service options;
Channel positions of programming carded on the system;
56
(f) The Franchisee's procedures for the receipt and resolution of
customer complaints, the Franchisee's address and telephone number
to which complaints may be reported, and the hours of operation;
(g) The telephone number and address of the County's office designated
to handle cable television complaints and inquiries shall be printed
on the back of the bill;
(h) The availability of a "lock-out" device;
(i) The Franchisee's information, collection, and disclosure policies for
the protection of a subscriber's privacy.
2. In addition, each Franchisee shall provide written notice in its monthly
billing, at the request of the County, of any County meeting regarding requests or applications by
the Franchisee for renewal, transfer or modification of its license or change in service, rates or
charges to subscribers. The County shall make such a request in writing, no less than forty-five
(45) days prior to the mailing of any billing by Franchisee. Said notices shall be made at
Franchisee's expense and said expense shall not be considered part of the Franchise fee assessed
pursuant to this Ordinance and shall not be regarded as a Franchise fee, as the term is defined in
Section 622 of the Communications Act, 47 U.S.C. Section 542.
3. Franchisee's bills will be clear, concise and understandable.
4. Refund checks will be issued promptly, but no later than the earlier of thirty
(30) days or the customer's next billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the Franchisee if service is terminated.
5. Credits for service will be issued no later than the customer's next billing
57
cycle following the determination that a credit is warranted.
6. A Franchisee shall provide subscribers and the Board with at least thirty (30)
days advance written notice of any changes in rates, charges, channel lineup, or initiations or
discontinuations or changes of service or services offered over the cable system.
0. A Franchisee shall provide a pro-rated 24-hour credit to the subscriber's account for
any period of four hours or more within a 24-hour period during which a subscriber experienced
an outage of service or substantial impairment of service, whether due to a system malfunction or
other cause.
P. Billing.
1. The Franchisee's fh'st billing statement after a new installation or service
change shall be pro-rated as appropriate and shall reflect any security deposit.
2. The Franchisee's billing statement must be fully itemized, with itemizations
including, but not limited to, basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including optional charges, rebates and
credits.
3. The Franchisee's billing statement must show a specific due date not earlier
than ten (10) days after the date of the beginning of the service period. Any balance not received
within ten (10) days after the due date may be assessed an administrative charge. The charge will
appear on the following month's billing statement.
(a) Any administrative charge applied to unpaid bills shall be subject to
regulation by the County consistent with applicable law.
(b) Subscribers shall not be charged an administrative fee, a late fee or
58
otherwise penalized for any failure by the Franchisee, its employees,
or contractors, including failure to timely or correctly bill the
subscriber, or failure to properly credit the subscriber for a payment
timely made.
4. The Franchisee must notify the subscriber that he or she can remit payment
in person at the Franchisee's office in the County and inform the subscriber of the address of that
office.
Q. A Franchisee may not substantially alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) without the express permission of such
subscriber, unless it complies with this subsection.
1. If a Franchisee wishes to alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no
longer be able to obtain the same package of services, then the Franchisee must provide the
subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect
of the alteration, and provide the subscriber the right within the thirty (30) day period following
notice, to opt to receive any combination of services offered by the Franchisee.
2. Except as provided herein, no charge may be made for any service or product
which the subscriber has not affh'matively indicated, in a manner separate and apart from payment
of the regular monthly bill, that he or she wishes to receive.
R. Franchisee shall certify in writing to County on December 1 of each year based upon
internal due diligence by the Franchisee that to the best of Franchisee's knowledge it is in
substantial compliance with the standards set forth in this Section 1 ~5.5-42. At the request of the
59
County, the Franchisee shall submit such documentation, as may be required, to demonstrate
Franchisee's compliance with this Section 1-5.5-42. This documentation shall be submitted within
forty five (45) days of the Franchisee's receipt of the Board's request.
Section 1-5.5-42. Administration of Customer Service.
A. Responsibility for the administration of this Ordinance and any Franchise granted
hereunder and for the resolution of all complaints against a Franchisee regarding the quality of
service, equipment malfunctions, and related matters, including the authority to order refunds or
fees, is hereby delegated to the County Administrator, which is empowered, among other things,
to settle, or compromise any controversy arising from operations of the Franchisee, either on behalf
of the County, the Franchisee or any subscriber, in accordance with the best interests of the public.
In cases where requests for service have been ignored or service is unsatisfactory for whatever
reason, the County Administrator shall have the power to require the Franchisee to provide service
if in the opinion of the County Administrator such request for service is reasonable. Provided, that
any person aggrieved by a decision of the County Administrator, including the Franchisee, may
appeal the matter to the Board for hearing and determination. The Board may accept, reject or
modify the decision of the County Administrator. No adjustment, settlement, or compromise,
whether instituted by the County Administrator or by the Board shall be contrary to the provisions
of this Ordinance or any Franchise agreement issued pursuant to this Ordinance, and neither the
County Administrator nor the Board, in the adjustment, settlement, or compromise of any
controversy shall have the right or authority to add to, modify or delete any provision of this
Ordinance or of the Franchisee.
Notwithstanding the above, the Board may, from time to time, adopt modifications to the
60
customer service standards herein to better satisfy the community's needs and interest and to take
into consideration the industry standards and practices.
B. In addition to the powers delegated herein, the County Administrator shall have the
authority to order refunds or credits from a Franchisee to individual cable television subscribers
who have submitted a written complaint to the County and to assess fines against a Franchisee for
any violation of this ordinance or any Franchise issued pursuant to this ordinance, which fines will
be paid to the County.
1. In ordering refunds to cable television subscribers, the County Administrator
shall be governed by the schedule set out below in which the refund indicated is expressed as a
percentage of the subscriber's monthly bill. The refunds listed are to be made on a per violation
basis with each day of a continuing violation constituting a separate violation. The refund or credit
ordered by the County Administrator pursuant to this Section shall not exceed 100 percent of a
subscriber's monthly bill, unless a violation has continued at least 30 days from the date first
reported to the Franchisee.
SCHEDULE OF REFUNDS TO-SUBSCRIBERS
(c) 50%
Sinele violation of:
(a) Failure to comply with 10%
Section 1-5.5-42(B), hereof
(b) Failure to comply with the telephone 10%
availability requirements of
Section 1-5.5-42(C) and (D), hereof
Failure to comply with the repair and
installation requirements of Section
1-5.5-42(F), hereof.
Maximum Refund
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2. In assessing fines against a Franchisee, the County Administrator shall be
governed by the schedule set out below. The fines listed are to be assessed on a per violation basis
with each day of a continuing violation constituting a separate violation.
SCHEDULE OF FINES
SINGLE VIOLATION OF: MAXIMUM FINES
(a) Section 1-5.5-42(A), hereof. $100.00
(b) Section 1-5.5-42(B), hereof. $300.00
(b) Section 1-5.5-42(C), hereof. $300.00
(d) Section 1-5.5-42(D), hereof. $300.00
(e) Section 1-5.5-42(E) and (F), hereof. $300.00
(f) Section 1-5.5-42(G) and (H), hereof. $100.00
(g) Section 1-5.5-42(I), hereof. $500.00
(h) Section 1-5.5-42(J), hereof. $200.00
(i) Section 1-5.5-42(K), hereof. $100.00
(j) Section 1-5.5-42(L), hereof. $500.00
(k) Section 1-5.5-42(M), hereof. $500.00
(1) Section 1-5.5-42(N)(1), hereof. $100.00
(m) Section 1-5.5-42(N)(2), hereof. $500.00
(n) Section 1-5.5-42(N)(3)-(N)(5), hereof. $200.00
(o) Section 1-5.5-42(P) and (Q), hereof. $200.00
(p) Section 1-5.5-42(R), hereof. $500.00
(q) Section 1-5.5-43(C), hereof. $300.00
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3. Prior to ordering a refund or credit and/or assessing a fine, the County
Administrator shall mail the Franchise written notice by certified or registered mail of the proposed
refund and/or fine, specifying the violation at issue. The Franchisee shall have thirty (30) days
from the date of receipt of the written notice to file a written response to the County Administrator's
notice. Franchisee's written response shall be signed by management level personnel of Franchisee
and all statements contained therein will be regarded as material representations to the County.
4. Prior to ordering a refund or credit and/or assessing a fine, the County
Administrator shall consider any justification or mitigating factor advanced in Franchisee's written
response, including but not limited to rebates or credits to the subscriber, a cure of the violation,
and the payment of any fine to St. Lucie County for the same violation. The County Administrator
may, after consideration of the response of the Franchisee, waive or reduce any proposed refund
or fine.
O
0
0
5. Subsequent to the notice of proposed refund and/or fine to Franchisee and
consideration of the Franchisee's response, if any, the County Administrator may issue an
assessment of refund, credit or fine. The refund, credit and/or fine shall be paid within thirty (30)
days of written notice to the Franchisee. This refund and/or fine shall constitute liquidated damages
to the subscriber and County for the violation and the County may enforce payment of the refund,
credit or fine in any court having jurisdiction. It is the intent of the Board to determine
fines/refunds as a reasonable estimate of the damages suffered by the County and/or its subscribers,
whether actual or potential, and may include without limitation, increased costs of administration
and other damages difficult to measure.
6. Franchisee may appeal any decision of the County Administrator directly to
63
the Board Counsel within thirty (30) days of notice of the decision to the Franchisee.
7. Any person who intentionally files a false complaint against a Franchisee shall
be subject to a fine in the amount of $50 for the tn'st violation and $100 for each subsequent
violation.
8. Intentional misrepresentation by a Franchisee in any response to a notice of
proposed refund, credit and/or fine shall be grounds for Franchise revocation.
C. In addition to complying with the customer service standards set forth in this
Ordinance or in any Franchise issued pursuant to this Ordinance, a Franchisee shall comply with all
customer service standards applicable to cable systems of the FCC and any other applicable federal,
state or county law concerning customer service standards, consumer protection, and unfair or
deceptive trade practices.
D. The Board expressly reserves the right to consider violations of the customer service
requirements in evaluating any renewal, modification or transfers of any Franchise agreement.
Section 1-5.5-43. Subscriber Privacy.
A Franchisee shall at all times protect the privacy of all subscribers to the full extent required
by Section 631 of the Cable Act, 47 U.S.C. 551 and state law.
Section 1-5.5-44. Discrimination Prohibited.
A. No Franchisee may in its rates or charges, or in the availability of the services or
facilities of its system, or in any other respect, make or grant undue preferences or advantages to any
subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject any
such-persons or group of persons to any undue prejudice or any disadvantage. A Franchisee shall
not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis
64
of age, race, creed, religion, color, sex, handicap, national origin, marital status, or political
affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped
that are applied in a uniform and consistent manner. A Franchisee may also offer bulk discounts to
multiple dwelling buildings consistent with applicable law.
B. A Franchisee shall not deny cable service to any potential subscriber because of the
income of the residents of the area in which the subscriber resides.
C. A Franchisee shall not refuse to employ, nor discharge from employment, nor
discriminate against any person in compensation or in terms, conditions or privileges of employment
because of age, race, creed, religion, color, sex disability, national origin, marital status, or political
affiliation. The Franchisee shall comply with federal, state and local laws and regulations governing
equal employment opportunities, as the same may be from time to time amended.
Section 1-5.5-45. County's Right of Revocation.
The Board may revoke or suspend any Franchise granted hereunder and rescind all rights and
privileges provided herein in the following circumstances each of which shall constitute a default
and breach under this Ordinance and/or Franchise:
A. The Franchise was fraudulently obtained.
B. Franchisee fails to construct, operate or maintain the cable system as required by this
Ordinance or the Franchise Agreement or for any other material violation of this Ordinance or
Franchise Agreement.
C. The Franchisee fails to provide or maintain in full force and effect the liability and
indemnification coverages, or the performance bonds or equivalent as required herein.
D. The Franchisee attempts to dispose of any of the facilities or property of its cable
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communications system to prevent the County from recovering any payments due or any losses or
damages arising out of the Franchise.
E. The Franchisee has transferred or has attempted to transfer ownership or control of
the Franchise without prior approval of the Board.
F. The Franchisee attempts to evade any material provision of this Ordinance or
Franchise by a pattern of fraud or deceit.
G. The Franchisee becomes insolvent, unable or unwilling to pay its debts, or is a
adjudged bankrupt.
H. The Franchisee's federal and state licenses and certificate are revoked, terminated or
otherwise not in full force or effect.
Section 1-5.5-46. Procedures for Revocation or Suspension.
A. The Board shall cause to be served upon the Franchisee by registered mall written
notice of its intention to initiate revocation or suspension proceedings as provided in this Ordinance.
Such notice shall specify as may be applicable the failure, neglect, refusals, actions, conditions,
circumstances, violations, defaults or breaches which constitute the basis for the proposed revocation
or suspension and make demand upon the Franchisee to implement prompt corrective measures to
remedy such failures, neglect, refusals, actions, conditions, circumstances, violations, defaults or
breaches and effect substantial compliance with the terms of this Ordinance and Franchise. If the
Franchisee shall fail to implement corrective action within thirty (30) days following written notice,
the Board shall cause to be served upon the Franchisee by registered mall a written Notice and Order
to Show Cause why its Franchise should not be revoked or suspended and shall fix a date, time and
place for a public hearing before the Board of St. Lucie County, provided however, that the
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Franchisee shall be entitled to not less than fifteen (15) days prior notice of the date, time and place
of the public hearing. The Board shall cause the Notice and Order to Show Cause to be published
in a newspaper of general circulation in the County at least once prior to the public hearing.
B. The administrative hearing shall be conducted during the regularly scheduled public
heating agenda of the Board. Franchisee may be represented by attorney and shall be given the
opportunity to present such witnesses and relevant evidence as Franchisee deems appropriate. The
Board may designate such employees or agencies of the County as it desires to present evidence
relevant to the matters raised in the initial written notice and the notice and Order to Show Cause.
C. The proceedings at the hearing shall be recorded and may be transcribed at the
expense of the party requesting the transcript.
D. The hearing need not be conducted according to the rules of court relating to evidence
and witnesses.
E. The Board may hear any interested persons, however, any such presentations must
be relevant to the issues raised in the written notice and the Notice and Order to Show Cause.
F. Upon conclusion of the administrative heating, the Board shall make its findings and
conclusions as to whether the allegations made or contained in the Notice and Order to Show Cause
occurred or existed as charged, whether or not any such failures, refusals, neglect, actions,
conditions, circumstances, violations, defaults or breaches occurred or existed with just cause, or,
if not, whether on the basis of the evidence adduced some lesser penalty or remedy is appropriate.
If such cause is founded, the Board shall direct the Franchisee to comply within such time and
manner and upon such terms and conditions as are reasonable. If Franchisee shall fail to comply as
directed with the time prescribed, the Franchise shall be deemed to be revoked or suspended, as the
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case may be, unless the Board shall thereafter prescribe some lesser penalty or remedy.
Section 1-5.5-47. Appeal.
If the Board's determination is to revoke or suspend the Franchise, the Franchisee may have
such decision reviewed by a state or federal court of competent jurisdiction. Venue shall be in St.
Lucie County, Florida.
Section 1-5.5-48. Requirements Upon Termination or Expiration.
In the event of termination or expiration of the Franchise, Franchisee shall continue to be
bound as follows:
A. At such time as directed by the Board, and within one year, Franchisee will remove
at its own expense, or sell, all of its above-ground plant structures and plant-related equipment which
are within the public rights-of-way.
B. The liability, indemnity and insurance, and the bonds required herein and by the
Franchise, shall continue in full force and effect during the period that equipment or facilities under
the ownership or control of Franchisee occupies any public right-of-way and for ninety (90) days
thereafter.
Section 1-5.5-49. Continuity of Service Mandatory.
A. It is the right of all subscribers of Franchisee to receive all available services from the
Franchisee as long as their financial and other obligations to the Franchisee are satisfied.
B. In the event of a termination or transfer of a Franchise for whatever reason, the
Franchisee shall ensure that all subscribers receive continuous, uninterrupted service regardless of
the circumstances. The Franchisee shall cooperate with the County to operate the system for a
temporary period following termination or transfer as necessary to maintain continuity of service to
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all subscribers. The temporary period will not exceed six (6) months without the Franchisee's
written consent. During such period the cable system shall be operated under such terms and
conditions as the County and the Franchisee may agree, or such other terms and conditions that will
continue, to the extent possible, the same level of service to subscribers and that will provide
reasonable compensation to the cable operator.
C. In the event a Franchisee fails to operate the system for seven (7) consecutive days
without prior approval of the Board or without just cause, the County may, at its option, operate the
system or designate an operator until such time as the Franchisee restores service under conditions
acceptable to the County or until a permanent operator is selected. If the County is required to fulfill
this obligation for the Franchisee, the Franchisee shall reimburse the County for all costs or damages
resulting from the Franchisee's failure to perform that are in excess of the revenues from the system
received by the County. Additionally, the Franchisee will cooperate with the County to allow
County employees and/or County agents free access to the Franchisees' facilities and premises for
purposes of continuing system operation.
Section 1-5.5-50. Rates and Charges.
The County reserves the right to regulate rates for cable services to the full extent permitted
by law.
Section 1-5.5-51. Performance Evaluation.
The Board may conduct periodic performance evaluations of a Franchisee as the Board
determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in good
faith. If the Board implements a survey of cable subscribers in connection with a performance
evaluation, the Board may require a Franchisee to distribute the County's questionnaire to its
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subscribers provided that such distribution may be accomplished within normal billing mailings.
Upon request and upon reimbursement of the County's copying costs, the Franchisee may receive
copies of all responses.
Section 1-5.5-52. Power of Board to Regulate.
The Board may do all things which are necessary and convenient in the exercise of its
jurisdiction under this chapter and may determine any question of fact which may arise during the
existence of any franchise granted hereunder. The Board is hereby authorized and empowered to
prescribe rules and regulations and to adjust, settle, or compromise any controversy or charge arising
from the operations of any Franchisee under this chapter, either on behalf of the county, the
Franchisee or any subscriber, in the best interest of the public.
Section 1-5.5-53. Enforcement by the County.
The Franchisee shall not be relieved of its obligation to comply with any of the provisions
of this Ordinance by reason of any failure of the County to enforce prompt compliance. The County
reserves any and all rights to enforce the provisions of this Ordinance and the terms and conditions
of any Franchise granted hereunder to the fullest extent allowed by law.
Section 1-5.5-54. Riehts Reserved to Franchisee.
In any material dispute between County and Franchisee, County and Franchisee may pursue
such remedies as are available to it including actions at law in any court of competent jurisdiction.
Section 1-5.5-55. County Cable System Ownership Authorized.
A. To the full extent permitted by law, the County may acquire, construct, own, and/or
operate a cable system.
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B. Nothing in this Ordinance shall be construed to limit in any way the ability or
authority of the County to acquire, construct, own, and/or operate a cable system to the full extent
permitted by law.
Section 1-5.5-56. Miscellaneous Provisions.
Submissions to County and Filing. Unless otherwise expressly provided herein, formal
submissions required by this Ordinance and requiting action by the Board shall be submitted to and
in the name of the Board and shall be filed with the County Administrator.
Section 1-5.5-57. Hearing Rules.
Except as otherwise expressly provided herein, all public hearings provided for by this
Ordinance shall be conducted in accordance with procedures and rules set forth herein.
Section 1-5.5-58. Procedure for Correction of Errors in Iss~ance of Franchises.
Notwithstanding the provision of the foregoing sections, if any Franchise shall be issued or
shall be outstanding because of error of law or fact, or because of administrative error, the Board
shall correct such Franchise upon notice to Franchisee and reasonable opportunity for Franchisee
to be heard, but without charges, findings, or other formal requirements.
Section 1-5.5-59. Theft of Services and Tarnperln~.
A. It is unlawful to:
1. Willfully obtain or attempt to obtain cable service from the Franchisee by any
means or device without payment to the Franchisee for such cable television service of all lawful
compensation due for each type of cable television service unlawfully obtained.
2. Willfully assist or instruct any other person in obtaining or attempting to obtain
any cable television service without payment to the Franchisee of such cable television service of
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all lawful compensation due for each type of service unlawfully obtained.
3. Willfully tamper or otherwise interfere with or connect to by any means, whether
mechanical, electrical, acoustical or other, any cable, wires or other devices used for the distribution
of cable television service without the actual authority from the Franchisee of such cable television
service.
4. Willfully sell, rent or lend, or promote or advertise for sale, rental, or use, any
device or any plan to any person with the knowledge that the person intends to use such device or
plan to commit any of the acts set forth in Paragraphs (A), (B), and (C), whether or not such device
or plan actually has the ability to facilitate the commission of any acts set forth in Paragraphs (A),
(B), and (C).
5. Willfully sell, rent or lend, or promote or advertise for sale, rental or use, without
actual authority from the Licensee of such cable television service, any device which is electronically
capable of decoding cable television signals which have been encoded by the Franchisee or any
person under contract with such Franchisee.
B. Any law enforcement department of the County having jurisdiction shall have the
authority to confiscate any and all such instruments, apparatus, equipment, devices, instructions and
plans described in this Section, including any materials, tools, machinery, or equipment used to
manufacture or produce such instruments, apparatus, equipment, devices, instructions and plans, and,
upon conviction for violation of the provisions of this section, such instruments, apparatus,
equipment, devices, instructions and plans, together with all such materials, tools, machinery, and
equipment used to manufacture or produce same shall be destroyed or otherwise disposed of by
order of court.
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C. Any person who willfully violates this section shall be guilty of a misdemeanor in the
second degree, punishable as provided in Section 125.69 Florida Statutes.
D. Whoever is found in a civil action to have violated the provisions of this section shall
be liable for actual and punitive damage to the Franchisee and may be subject to fines and injunction
or both and upon judgment in favor of the Franchisee, such Franchisee shall also be able to recover
all costs of such action, including all appellate proceedings, together with reasonable attorney's fees.
E. In addition to this Ordinance, the Federal Cable Communications Policy Act, 47 USC
§ 553, imposing both civil and criminal penalties for cable theft of up to $50,000.00 and two years
in prison for the first offense and up to $100,000 and five years imprisonment for the second offense
is fully applicable.
Section 1-5.5-60. Force Ma. ieure.
In the event a Franchisee's performance of or compliance with any of the provisions of this
Ordinance or the Franchisee's Franchise agreement is prevented by a cause or event not within the
Franchisee's control, such inability to perform or comply shall be deemed excused and no penalties
or sanctions shall be imposed as a result thereof, provided, however, that Franchisee uses all
practicable means to expeditiously cure or correct any such inability to perform or comply. For
purposes of this Ordinance and any Franchise agreement granted or renewed hereunder, causes or
events not within a Franchisee's control shall include, without limitation, acts of God, floods,
earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or
civil disturbances, sabotage, war, strikes and restraints imposed by order of a governmental agency
or court. Causes or events within Franchisee's control, and thus not falling within this section, shall
include, without limitation, Franchisee's financial inability to perform or comply, economic
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hardship, and misfeasance, malfeasance or nonfeasance by any of Franchisee's directors, officers,
employees, contractors or agents.
Section 1-5.5-61. Reservation of Rights.
A. The Board reserves the right to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. Any additional regulations adopted by the Board shall be incorporated into this
Ordinance and complied with by all Franchisees within thirty (30) days of the date of adoption of
such additional regulations.
C. The Board reserves the right to exercise the power of eminent domain to acquire the
property of Franchisee's cable system, consistent with applicable federal and state law.
Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the County's
exercise of eminent domain except to the extent provided by applicable law.
D. The Board shall at all times have the right, upon reasonable notice and during normal
business hours, to examine and copy Franchisee's records and to inspect a Franchisee's facilities to
the extent needed to monitor a Franchisee's compliance with and performance under this Ordinance
and the Franchisee's Franchise agreement.
The rights reserved in this Ordinance are in addition to other rights heretofore expressly
reserved.
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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.
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PART C. SEVERABILITY.
If any provision of this Ordinance (or any related agreement) is held by any court or by any
Federal, State or local agency of competent jurisdiction to be invalid as conflicting with any Federal,
State or local law, rule or regulation now or hereafter in effect, or is held by such court or agency
to be modified in any way in order to conform to the requirements of any such law, role or
regulation, it shall be considered to be an independent part of this Ordinance, and such holding shall
not affect the validity and enforceability of all other provisions hereof. In the event that such law,
role or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the
provision hereof or thereof which has been held invalid or modified is no longer in conflict with the
law, roles and regulations then in effect, said provision shall thereupon return to full force and effect
and shall thereafter be binding on the parties hereto, provided the Board shall give the Franchisee
thirty (30) days written notice of such change before requiring compliance with said provision.
APPLICABILITY OF ORDINANCE.
This Ordinance shall be applicable throughout the unincorporated area of St. Lucie
PART D.
A.
County.
B.
This Ordinance shall be applicable to all cable Franchises granted or renewed after
August 1, 1997, and shall apply to all cable Franchises granted prior to August 1, 1997, to the full
extent permitted by state and federal law.
C. Any cable operator providing cable television services as of the effective date hereof,
to subscribers within the unincorporated area of St. Lucie County shall certify to the County within
ninety (90) days of the passage of this Ordinance that it is the lawful holder of a valid Franchise.
The Board may extend this time period to one hundred and eighty (180) days for good cause.
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D. Any cable Franchisee whose Franchise agreement predates the effective date of this
Ordinance shall notify the County in writing within thirty (30) calendar days of the passage of this
Ordinance, or any subsequent amendment thereof, of:
1. any provision which it believes should not be applicable to it by reason of the
pre-existing Franchise agreement or the continuing applicability of the prior
ordinance; and
2. the reason for each such claim of non-applicability.
E. Failure to notify the County as provided in subsection (D) of this Section shall
constitute a waiver of any right to object.
PART E. FILING WITH DEPARTMENT OF STATE.
The Clerk is directed forthwith to send a certified copy of this Ordinance to the Bureau of
Laws, Department of State, The Capitol, Tallahassee, Florida, 32304.
PART F. EFFECTIVE DATE.
This Ordinance shall take effect on August 1, 1997.
PART G. ADOPTION.
After motion and second, the vote on this Ordinance was as follows:
Chairman Gary D. Charles, Sr.
Vice-Chairman Paula Lewis
Commissioner Cliff Barnes
Commissioner John Bmhn
AYE
AYE
AYE
NAY
NAY
Commissioner Ken Sattler
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PART H. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the St. Lucie County Code of
Ordinances and Compiled Laws 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.
DULY PASSED AND ADOPTED this },~-4h day of
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
CI~IRMAI~
COUNTY ATT~
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ORDINANCE 97-004
FILE NO: PA-96-004, RZ-96-021
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 ~ 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:
CJH Investments, Inc. presented a petition for a change in Future
Land Use Designation from T/U (Transportation/Utilities) to COM
(Commercial).
On January 16, 1997, 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 Designation from T/U (Transportation/Utilities) to COM
(Commercial) for the property described in Part A.
On February 18, 1997, 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.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
01o
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File No.: PA-96-004, RZ-96-021 Ordinance 97-004
February 18, 1997 Page 1
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A_ CHANGE IN FUTURE LAND USE DESIGNATION
The future land use designation set forth in the St. Lucie County Comprehensive Plan
for the property described as follows:
SECTION 12, TOWNSHIP 37 SOUTH, RANGE 41 EAST. COMMENCE AT THE NE
CORNER OF WINDMILL VILLAGE BY THE SEA, UNIT TWO AS RECORDED IN PLAT
BOOK 16, PAGE 31 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TH
RUN SOUTH 89~56,22" WEST ALG THE NORTH LI OF SAID PLAT A DISTANCE OF
27.84 FEET, ETC. TH RUN SOWFH 00°03'38" EAST PARALLEL WITH EAST LI OF SAID
PLAT A DISTANCE OF 111.82 FEET TO POB; TH CONT SOUTH 00°0Y38" EAST 75.97
FY; TH RUN NORTH 72°40'53" EAST 29.15 FY TO A POINT ON EAST LI OF SAID PLAT;
TH RUN SOUTH 00~03'38" EAST ALG EAST LI OF SAID PLAT A DISTANCE OF 132.68
FT; TH RUN NORTH 89'56'22" EAST A DISTANCE OF 34.15 FY; TH RUN NORTH
23°49'31" EAST A DISTANCE OF 8.74 FY; TH RUN NORTH 89~56,22" EAST A DISTANCE
OF 273.16 FY TO AN INTERSECTION WITH THE WLY RIW OF SR A-I-A AS NOW LAID
OUT AND IN USE; TH RUN NORTH 23°49'31" WEST ALG SAID R/W A DISTANCE OF
227.27 FEET; TH RUN SOUTH 89~56,22" WEST A DISTANCE OF 247.09 FEET TO POB.
(T.4X ID~: 4512..352-0003-020]1 & 4.,q12-352-0003-010/8).
(Location:
10951 South Ocean Drive, west side of South SR A-I-A,
approximately 760 feet north of the Martin County line).
owned by CJH Investments, Inc., is hereby
(Transportation/Utilities) to COM (Commercial).
changed from Trig
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. Lueie 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 Director 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.
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File No.: PA-96-004, RZ-96-021 Ordinance 97-004
February 18, 1997 Page 2
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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.
E_ SEVERABILITY
If any portion of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding shah 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 shah 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 Director 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 shah take effect thirty one (31) days after adoption or upon a
determination by the State Land Planning Agency that the St. Lueie County
Evaluation and Appraisal Report has addressed all of the pertinent provisions of
section 163.3191, Florida Statutes, whichever occurs later. If the Ordinance is
challenged within thirty (30) days after adoption, the Ordinance shall not be effective
until the State Land Planning Agency or the Administration Commission respectively
issues a final order finding the adopted amendment in compliance in accordance with
Section 163.3184(10).
File No.: PA-96-004, RZ-96-021 Ordinance 97-4}04
February 18, 1997 Page 3
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J. ADOPTION
After motion and second, the vote on this resolution was as follows:
Chairman Gary D. Charles, Sr.
Vice-Chairman Paula A. Lewis
Commissioner John D. Bmhn
Commissioner Cliff Barnes
Commissioner Ken Sattler
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 18th day of February 1997.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
co:r A'i~/~::
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File No.: PA-96-004, RZ-96-021
February 18, 1997
Ordinance 97-004
Page 4
ORDINANCE NO. 97-05
AN ORDINANCE AMENDING SECTION 1-7-2 (CIRCUIT
COURT - CIVIL DIVISION SERVICE CHARGES);
AMENDING SECTION 1-7-3 (CIRCUIT COURT -
PROBATE AND GUARDIANSHIP DIVISION SERVICE
CHARGES); AND AMENDING SECTION 1-7-4 (COUNTY
COURT CIVIL DIVISION CHARGES AND COSTS) OF
ARTICLE I (IN GENERAL) OF CHAPTER 1-7 (COURTS)
OF THE ST. LUCIE COUNTY CODE OF ORDINANCES; TO
INCREASE FILING FEES BY TEN DOLLARS FOR
CIRCUIT CIVIL MATTERS, INCLUDING DOMESTIC
RELATIONS; AND FIVE DOLLARS FOR PROBATE AND
COUNTY COURT MATTERS TO FUND THE PRO BONO
LEGAL AID PROGRAM; FURTHER ADDING SECTION 1-7-
10 (DISPOSITION OF LEGAL AID FUND); FURTHER
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILIT¥ AND APPLICABILITY;
PROVIDING FOR FILING WITH THE 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 December 6, 1996, the St. Lucie County Bar Association
voted to approve a Pro Bono Legal Aid Program and recommended that
the Board of County Commissioners consider increasing the filing
fees by ten and 00/100 dollars ($10.00) for Circuit Civil matters,
including Domestic Relations, and five and 00/100 dollars {$5.00)
for Probate and County CourE matters in order to generate revenue
to fund the Pro Bono Legal Aid Program.
2. This Board has determined that it is necessary and in the
public interest of the citizens of St. Lucie County, Florida, to
amend Section 1-7-2, Section 1-7-3, and Section 1-7-4 of Article I
of Chapter 1-7 of the St. Lucie County Code of Ordinances by
............ ~h passages are deleted. Underlined passages are
added.
1
q
increasing the filing fees as recommended by the St. Lucie County
Bar Association, and add Section 1-7-10, Disposition of Legal Aid
Fund.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of St. Lucie County, Florida:
Chapter 1-7 (Courts) of the St. Lucie County Code of
Ordinances is hereby amended to read as follows:
Chapter 1-7
COURTS
ARTICLE I. IN GENERAL
Section 1-7-1. Additional costs for law enforcement training.
Every court in the country, created by Article V of the State
Constitution shall assess two dollars ($2.00) in addition to the
two dollars ($2.00) assessed by Section 943.25(4), Florida
Statutes, as a court cost against every person convicted for
violation of a state penal or criminal statute or convicted for
violation of a municipal or county ordinance. However, no such
assessment shall be made against any person convicted for violation
of any state statute, municipal ordinance, or county ordinance
relating 'to the parking of vehicles. Ail such costs collected by
the aforesaid courts shall be deposited in a special grant fund of
the county to be used for law enforcement training expenditures by
said county.
PART A. AMENDMENT OF SECTION 1-7-2. CIRCUIT COURT - CIVIL
DIVISION SERVICE CHARGES.
0
............. ~l passages are deleted.
added.
Underlined passages are
-2-
Section 1-7-2 (Circuit Court - Civil Division Service ChargesD
is hereby amended to read as follows:
Section 1-7-2. Circuit Court - Civil Division Service Charges.
The party instituting any civil action, suit or proceeding in
the circuit court shall pay to the clerk of the court service
charges as follows:
aD
For filing all civil actions (over five thousand dollars
($5,000.00):
*Clerk's service charge ....................... $ 40 00
Legal Aid ................................. -%--. $ 10
Law library .................................... $ 15
State civil action fees ....................... $ 8
Court facility charge ......................... $ 20
State court education trust fund .............. $ 2
Mediation-arbitration charge .................. $ 5
00
00
00
00
5o
00
Total ................................... $90.50 $100.50
*This service charge is for up to and including five (5)
defendants. If there are more than five {5) defendants,
there is an additional charge of two dollars ($2.00) for
each additional defendant.
bD
Additional charge for proceeding of
garnishment, attachment, replevin, and
distress ...................................... $
35.00
Additional charge to be paid by the party
seeking each severance that is granted ........ $
10.00
dD
For filing petition for dissolution of marriage or
annulment:
Clerk's service charge ........................ $
Legal aid ................................. --G--. $
Law library ................................... $ 15.00
State civil action fees ....................... $ 8.00
Court facility charge ......................... $ 20.00
HRS fee ....................................... $ 5.00
State court education trust fund .............. $ 2.50
Mediation-Arbitration charge .................. $ 5.00
Filing of Final Judgment of Dissolution of
40.00
10.00
........... ~ passages are deleted.
added.
Underlined passages are
0
-3-
Marriage service charge ...................... $ 7.00
Displaced Homemaker Trust Fund ................ ~ 5.00
Total .................................. $107.50 ~ 117.50
(e)
For filing petition for modification of a final judgment
of dissolution of marriage:
Mediation-Arbitration charge .................. $
Leqal Aid $
45.00
10.00
Total ......................................... $ 55.00
(f) For filing notice of appeal:
Service charge to district oourt
of appeal and state supreme court ........ $ 250.00
Service charge to clerk of the
circuit court ............................ $
75.00
C o
Certified copy of notice of appeal
for district court ....................... $
2.00
PART B.
AMENDMENT OF SECTION 1-7-3. CIRCUIT COURT - PROBATE AND
GUARDIANSHIP DIVISION SERVICE CHARGES.
Section 1-7-3 (Circuit Court - Probate and Guardianship
Division Service Charges) is hereby amended to read as follows:
Section 1-7-3. Circuit Court - Probate and Guardianship Division
Service Charges.
The service charges of the clerk of the circuit court for
filing probate and guardianship cases are as follows:
For the opening cf any estate of one document or more,
including but not limited to petitions and orders to
approve settlement of minor's claims; to open a safe
deposit box; to enter rooms and places; for the
determination of heirs if not formal administration and
for a foreign guardian to manage property of a
nonresident, but not to include issuance of letters or
order of summary and family administration:
Clerk's service charge ......................... $ 20.00
o
0
............ ~h passages are deleted.
added.
Underlined passages are
-4-
(b)
(c)
(d)
(e)
added.
Legal aid .................................. -~-. $ 5.00
Law library ..................................... $ 15.00
Court facility charge .......................... $ 8.00
Mediation-Arbitration charge ................... $ 5.00
Total .................................... $48.00 $ 53.00
Caveat:
Clerk's service charge ......................... $
Legal aid ..................................
Law library .................................... $
Court facility charge .......................... $
Mediation-Arbitration charge ...................
15.00
5.00
15.00
8.00
5.00
Total .................................... $43.00 $ 48.00
Petition and order to admit foreign wills, authenticated
copies, exemplified copies or transcripts to record:
Clerk's service charge ......................... $
Legal aid .................................. --~-. $
Law library .................................... $ 15.00
Court facility charge .......................... $ 8.00
Mediation-Arbitration charge ................... $ 5.00
30.00
5.00
Total .................................... e~o nn
~ ..... $ 63.00
For disposition
administration:
of personal property without
Clerk's service charge ......................... $
Legal aid .................................. -~--. $
Law library .................................... $
Ceurt facility charge .......................... $
Mediation-Arbitration charge ................... $
20.00
5.00
15.00
8.00
5.00
Total .................................... $48.00 $ 53.00
Summary administration:
Clerk's service charge ......................... $ 35.00
Legal aid .................................. -~-. $ 5.00
Law library .................................... $ 15.00
Court facility charge .......................... $ 8.00
State court education trust fund ............... $ 2.50
Mediation-Arbitration charge ................... $ 5.00
Total .................................... $65.50 $ 70.50
passages are deleted. Underlined passages are
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(f) Family administration:
Clerk's service charge .........................
Legal aid .................................. -~--.
Law library ....................................
Court facility charge ..........................
State court education trust fund ...............
Mediation-Arbitration charge ...................
$ 45.00
$ 5.00
added.
15.00
8.00
2.50
5.00
Total .................................... $75.50 $ 80.50
Formal administration guardianship, ancillary, curator-
ship or conservatorship proceedings:
Clerk's service charge ......................... $ 75.00
Legal aid .................................. -~-. $ 5.00
Law library .................................... $ 15.00
Court facility charge .......................... $ 8.00
State court education trust fund ............... $ 2.50
Mediation-Arbitration charge ................... $ 5.00
Total ................................... $105.50 5110.50
(h) Guardianship proceedings of person only:
i)
k)
Clerk's service charge ......................... $
Legal aid .................................. -~--. ~
Law library .................................... $ 15.00
Court facility charge .......................... $ 8.00
Mediation-Arbitration charge ................... $ 5.00
25.00
5.00
Total .................................... ~..~~ nn $ 58.00
Veteran administration guardianship pursuanE to Chapter
744, Florida Statutes:
Clerk's service charge ......................... $ 25.00
Exemplified certificates:
Clerk's service charge ......................... $ 4.00
Cover sheet .................................... $ 1.00
Total .......................................... $ 5.00
Petition for determination of incompetency:
Clerk's service charge ......................... $ 2.5.00
Legal aid .................................. -~--. $ 5.00
passages are deleted. Underlined passages are
O
0
0
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Law library .................................... $ 15.00
Court facility charge .......................... $ 8.00
Total .................................... $48.00 $ 53.00
PART C.
AMENDMENT OF SECTION 1-7-4.
CHARGES AND COSTS.
COUNTY COURT CIVIL DIVISION
Section 1-7-4 (County Court Civil Division Charges and Costs)
is hereby amended to read as follows:
Section 1-7-4. County Court Civil Division Charges and Costs.
Upon the institution of any civil action or proceeding in
county court, the plaintiff, when filing his action or proceeding
shall pay the following service charges:
(a) Claims of less than one hundred dollars ($100.00):
Filing fee ..................................... $ 10 00
Legal aid .................................. -%--. $ 5
Court facility ................................. $ 2
Law library .................................... $ 3
State court education trust fund ............... $ .2
State court cost ............................... $ 7
Mediation-Arbitration charge ................... $ 5
00
00
00
5O
00
00
Total ~°9 50 $ 34 50
Claims of one hundred dollars ($100.00) or more but less
than two thousand five hundred dollars ($2,500.00):
Filing fee ..................................... $ 25.00
Legal aid .................................. -~--. $ 5 00
Court facility ................................. $ 7 00
Law library .................................... $ 3 00
State court education trust fund ............... $ 2 50
State court cost ............................... $ 7 00
Mediation-Arbitration charge ................... $ 5 00
Total .................................... $49.50 $ 54.50
(C
Claims of more than two thousand five hundred dollars
($2,500.00):
Filing fee ..................................... $ 40.00
........... ~.~ passages are deleted.
added.
Underlined passages are
-7-
Legal aid .................................. -4--. $ 5 00
Court facility ................................. $ 12 00
Law library .................................... $ 3 00
State court education trust fund ............... $ 2 50
State court cost ............................... $ 7 00
Mediation-Arbitration charge ................... ~ 5 00
Total .................................... $~9.50 $ 74.50
d) Removal of tenant (eviction}:
Filing fee ..................................... $ 35 00
Legal aid .................................. -~-. $ 5.00
Court facility ................................. $ 4 00
Law library .................................... $ 7 50
State court education trust fund ............... $ 2 50
State court cost ............................... $ 7 00
Mediation-Arbitration charge ................... $ 5 00
Total .................................... $~i.00 ~ 66.00
{e Additional charge for proceeding of garnishment,
attachment, replevin and distress .............. $ 35.00
(f Notice of appeal (two (2) separate payments)*:
Filing notice of inferior court, county court.. $ 50.00
Filing notice to higher court, circuit court... $ 75.00
*These charges do not include service charge for
certified copy of notice of appeal to the circuit court.
Section 1.-7-5. Service charges other than those fixed by this
chapter.
Service charges other than those fixed in this chapter shall
be governed in Section 28.24, Florida Statutes, as smended.
Section 1-7-6. Disposition of law library funds.
Ail additional costs collected for the law library shall be
set aside by the clerk to be used exclusively for the establishment
and maintenance of the county law library. At the end of each
month, such clerk will turn over such funds so collected to the
............. ~l~ passages are deleted. Underlined passages are
added.
0
~ :
-8-
board of trustees of the county law library as provided in Chapter
57-1'790, Laws of Florida as amended by Chapter 71-895, Laws of
Florida.
Section 1-7-7. Disposition of court facility funds.
Ail additional costs collected for court facilities shall be
set aside by the clerk in a separate account to be used e×clusively
for the construction, operation and ma!ntenance of court facilities
as determined by the board of county commissioners.
Section 1-7-8. Reserved.
Editor's note - Ordinance No. 86-61, Pt. A, adopted Dec. 9,
1986, specifically repealed former Sec. 1-7-8 in its entirety.
Such former section pertained to additional penalty in noncriminal
dispositions of traffic infractions and derived from Ord. No. 86-
21, Pt. A, enacted July 20, 1986.
Section 1-7-9. Disposition of mediation-arbitration fund.
Ail additional costs collected for mediat~on.-arbitration
services shall be set aside by the clerk in the ciuil court
mediation-arbitration account fund, county court mediation-
arbitration account fund and the family mediation account fund, as
appropriate, to be used to fund circuit civil mediation-arbitration
services, county civil mediation-arbitration services and family
mediation-arbitration services under the supervision of the Chief
Judge for the Nineteenth Judicial Circuit. The Clerk shall forward
one and 0/100 ($1.00) dollar of each charge to the Office of the
0
............ gh passages are deleted.
added.
-9-
Underlined passages are
State Courts Administrator for deposit in the state mediation and
arbitration trust fund.
PART D. ADDITION OF SECTION 1-7-10.
FUND.
Section 1-7-10 (Disposition of Legal Aid Fund) is hereby added
to read as follows:
Section 1-7-10. Disposition of legal aid fund.
All additional costs collected for the Pro Bono Legal Aid
DISPOSITION OF LEGAL AID
0
Program shall be set aside by the Clerk in a separate account to be
used exclusively to fund the Pro Bono Legal Aid Program under the
supervision of the St. Lucie County Bar Association for the 19th
Judicial Circuit or its designee.
Section 1-7-11.
Assessment of court costs to be used for the
implementation and operation of a juvenile
assessment center.
(a)
The court shall assess court costs of three dollars
($3.00) per case, in addition to any other authorized
cost or fine, on every person who, with respect to
charge, indictment, prosecution commenced or petition of
delinquency filed in the county or circuit, pleads
guilty, nolo contendre to, or is convicted of, or
adjudicated delinquent for, or has had adjudication
withheld for, a felony or misdemeanor, or a criminal
traffic offense or handicapped parking violation under
state law, or a violation of any municipal or county
ordinance, if the violation constitutes a misdemeanor
under state law.
(b)
The clerk of the circuit and county court shall collect
the three dollar ($3.00) court costs assessed by the
court and deposit those funds in an appropriate,
designated account established by the clerk. The clerk
shall withhold five (5) percent of the assessments
collected for the costs of administering the collection
of assessments. The clerk shall release funds to the
............. ~ passages are deleted.
added.
Underlined passages are
-10-
sheriff upon request. The clerk shall also, at the
request of the sheriff, receive and deposit in the
designated account, any additional funds attained by the
sheriff for the implementation and operations of the
juvenile assessment center, and release those funds to
the sheriff upon request.
Section 1-7-12. Assessment of court costs to be used for the
operation and administration of teen court.
The court (both county and circuit) shall assess court
costs of three dollars ($3.00) per case, in addition to
any other authorized cost or fine, against every person
who pleads guilty or nolo contendre to, or is convicted
of, regardless of adjudication, a violation of a state
criminal statute or a municipal ordinance or county
ordinance or who pays a fine or civil penalty for any
violation of Chapter 316, Florida Statutes. Any person
whose adjudication is withheld pursuant to the provisions
of section 318.14(9) or (10), Florida Statutes, shall
also be assessed such cost. The assessment shall not be
deducted from the proceeds of that portion of any fine or
civil penalty which is received by a municipality in the
county or by the county in accordance with Sections
316.660 and 318.21, Florida Statutes. The assessment
shall specifically be added to any civil penalty paid for
a violation of Chapter 316, Florida Statu~es, whether
such penalty is paid by mail, paid in person wiEhout
request for hearing, or paid after hearing and
determination by the court. However, the assessment
shall not be made against a person for a violation of any
state statutes, county ordinance, or municipal ordinance
relating to the parking of vehicles, with the exception
of the handicapped parking laws.
The clerk of the court shall establish a teen court trust
fund, to be used to fund the operation and administration
of the teen court, under the direction of the court
administrator and the supervision of the chief judge of
the nineteenth Judicial Circuit. The clerk of the court
shall collect and deposit the assessments collected
pursuant to this section and shall remit the same to the
teen court monthly, less five (5) percent, which is to be
retained as fee income of the office of the cirouit
court.
Sections 1-7-13 - 1-7-19. Reserved.
0
0
0
............ ~ passages are deleted.
added.
Underlined passages are
-11-
............. ~li passages are deleted.
added.
PART E. 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 e×tent of such conflict.
PART F. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable
to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or
circumstance.
PART G. 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 H. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART I. ADOPTION.
After motion and second, the vote on this ordinance was as
follows:
Chairman Gary D. Charles, Sr. AYE
Vice Chairman Paul A. Lewis AYE
Underlined passages are
0
0
-12-
Commissioner Cliff Barnes AYE
Commissioner Ken Sattler AYE
O
0
Commissioner John D. Bruhn AYE
PART J. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code
of O~dinances of St. Lucie County, Florida, and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections ,Df this ordinance may be
renumbered or relettered to accomplish such intention; provided~.~,
however, that parts E through J shall not be codified. ~ ,~
PASSED AND DULY ENACTED this
ATTEST:
%%~,',5:
3rd day of June,
-' '~ /C' .... .
' j : ',~
BOARD OF COUNTY~,C~.g. S IONERS
ST. LUCIE CO~Y, ~LOR~.' ':~.'~
BY:
TO '-'
CpR~CTNES~
............ ~. passages are deleted.
added.
-13-
Underlined passages are
~JoAnhe'~olman, Cler. ~f the Circuit Court - St.
File Number: 1545096 OR BOOK 107~
Recorded: 04-15-97 10:23 A.M.
]cie County
PAGE 0 9 ~ 9
ORDINANCE NO. 97-06
AN ORDINANCE AMENDING SECTION 1-19.5-~22 (COMPOSITION;
QUALIFICATIONS OF MEMBERS), OF CHAPTER 1-19.5 (TOURISM), OF
THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA;
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. In order for Section 1-19.5-22 (Composition; Qualifications of Members) of
Article II (St. Lucie County Tourist Development Council) of Chapter 1-19.5 (Tourism) of
the Code of Ordinances of St. Lucie County to conform to Paragraph (e) of Subsection
(4) of Section 125.0104, Florida, Statutes, it is necessary to amend Section 1-19.5-22
(Composition; Qualification of Members), and Subsection (a), (c), (d) and (e) of Section
1-19.5-22 and it is further necessary to delete Subsection (b) under Section 1-19.5-22.
2. This Board desires to conform with paragraph (e) of Subsection (4) of
Section 125.0104, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PARTA. AMENDMENT OF SECTION 1-19.5-22 (COMPOSITION;
QUALIFICATIONS OF MEMBERS), OF ARTICLE II (ST. LUCIE COUNTY
TOURIST DEVELOPMENT COUNCIL), OF CHAPTER 1-19.5 (TOURISM)
Section 1-19.5-22 (Composition, Qualifications of Members) of Article II (St. Lucie
County Tourist Development Council) of Chapter 1-19.5 (Tourism) of the Code of
Ordinances of St. Lucie County, Florida, is hereby amended to read as follows:
ARTICLE I1. ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL
=* .... ~- ~, ..... "passages are deleted. Underlined passages are added.
OR BOOK
1071 ..~GE 0920
Section 1-19.5-22. Composition; Qualifications of Members.
One (1) member of the council shall be the Chairman of the St. Lucie County
Board of County Commissioners or any other member of the Board of County
Commissioners as designated by the Board Chairman. The remaining eight (8) members
shall have the following representative classifications:
(a) Two (2) members shall be elected municipal officials, at least one of whom
shall be from the most populous municipality in the county.
o,,~;~ ,~ ,~v ,~,,;~ ......... * *~ ~*;~- 125 010~ c,~,;~ ~+~,,,~o
(b) ~ Six (6) members shall be persons who are involved in the tourist
indust~ and who have demonstrated an interest in tourist development, o~
which members1 not less than three (3) or more than four (4) shall be but
~ owners or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations in the county subject to a tax levied
pursuant to Section 125.0104, Florida Statutes.
(c)All members of the Council shall be electors of St. Lucie Count.
(d) The Board of Coun~ Commissioners shall have the option of designating
the chairman of the Council or allowing the Council to elect a chairman.
The chairman shall be appointed or elected annually, and may be reelected
or reappointed.
PART B. CONFLICTING PROVISIONS.
~, .... ~. +h ..... h passages are deleted. Underlined passages are added.
~OR Book ~.071 P Z 0921
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 persons, property, or circumstance.
PART D. FILING VVITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of the Ordinance to
Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee,
Florida 32304.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
~ ....~, ~. ..... r, passages are deleted. Underlined passages are added.
QR. BO~K /. 071
0922
PART F. ADOPTION.
After motion and second, the vote on this Ordinance was as follows:
Chairman Gary D. Charles, Sr.
AYE
Vice-Chair Paula A. Lewis
AYE
Commissioner Cliff Barnes
ABSENT
Commissioner Ken Sattler
AYE
Commissioner John Bruhn
AYE
PART G. CODIFICATION.
Provisions of this Ordinance shall be incorporated in the code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article",
or other appropriate word, and the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Parts B through G shall
not be codified. ., -~ ~:
~ .
PASSED AND DULY ADOPTED this 1st day of April, 1997.
ATTEST:
CLERK ' '
BOARD OF COUNTY COMM~IONERS
ST. LUCIE COUNTY, FLORIB~
CHAIRMAN ~ '
APPROVED AS TO FORM AND
~ .... ~. ~r, ..... "passages are deleted. Underlined passages are added.
· Jo~n~9 Holman, Cle ~. of th9 Circuit Court - S'L. Lucie County
File Number: 1586889 OR BOOK 1 105 PAGE 1613
Recorded: 10-22-97 10:56 A.M.
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ORDINANCE NO. 97-009
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE BY AMENDING SECTION 2.00.00,
DEFINITIONS, BY REDEFINING A DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER AS A PRELIMINARY DEVELOPMENT
ORDER INSTEAD OF A FINAL DEVELOPMENT ORDER; BY AMENDING
SECTION 3.01.03(A), AGRICULTURAL 1, BY ADDING AS AN
ACCESSORY USE GUEST HOMES SUBJECT TO CERTAIN
RESTRICTIONS; BY AMENDING SECTION 3.01.03(B),
AGRICULTURAL 2.5, BY ADDING AS AN ACCESSORY USE GUEST
HOMES SUBJECT TO CERTAIN RESTRICTIONS; BY AMENDING
SECTION 3.01.03(C), AGRICULTURAL 5, BY ADDING AS AN
ACCESSORY USE GUEST HOMES SUBJECT TO CERTAIN
RESTRICTIONS; BY AMENDING SECTION 3.01.03(S), COMMERCIAL
GENERAL ZONING DISTRICT, BY MOVING HOUSEHOLD GOODS
WAREHOUSING AND STORAGE - MINI-WAREHOUSING FROM A
PERMITTED USE TO A CONDITIONAL USE; BY AMENDING SECTION
4.02.02(A), RIVER PARK COMMUNITY OVERLAY ZONE BY
CLARIFYING THE LEGAL DESCRIPTION OF THE OVERLAY ZONE; BY
AMENDING SECTION 6.00.05(D), VEGETATION PROTECTION AND
PRESERVATION, BY CLARIFYING THE LANGUAGE IN REGARD TO
MITIGATION CREDITS; BY AMENDING SECTION 7.09.03,
LANDSCAPING, TO PROVIDE FOR ADDITIONAL GENERALIZED
STANDARDS REGARDING THE PROTECTION OF UTILITY LINES AND
FACILITIES; BY AMENDING SECTION 7.10.02, PROHIBITION OF
OUTDOOR DISPLAYS IN COMMERCIAL ZONING DISTRICT, TO
PROVIDE FOR SOME LIMITED TYPES OF OUTDOOR DISPLAYS AND
USES; BY AMENDING SECTION 7.10.04, GUEST HOMES, TO
PROVIDE FOR THE DEVELOPMENT OF GUEST HOMES AS AN
ACCESSORY USE IN THE AG-l, AG-2.5 AND AG-5 ZONING
DISTRICTS; BY AMENDING SECTION 10.00.02, NONCONFORMING
USES, BY PROVIDING FOR SOME RELIEF FROM THE TERMINATION
PROVISION OF THIS SECTION WHEN THE NONCONFORMING USE HAS
BEEN DISCONTINUED THROUGH NO FAULT OF THE PROPERTY OWNER;
BY AMENDING SECTION 11.00.04(D), GENERAL PROVISION,
PUBLIC NOTICE REQUIREMENTS, HEARING PROCEDURES, TO
PROVIDE FOR CLARIFICATION OF WHAT IS TO BE CONSIDERED AS
PART OF THE RECORD OF THE HEARING; BY AMENDING SECTION
11.02.05(D), PROCEDURE FOR REVIEW OF SITE PLANS, REVIEW
OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR
PLANNED DEVELOPMENTS, BY CLARIFYING THE APPEALS LANGUAGE;
BY AMENDING SECTION 11.02.05(E), PROCEDURE FOR REVIEW OF
SITE PLANS, REVIEW OF APPLICATIONS FOR PRELIMINARY AND
Ordinance #97-009e
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FINAL SITE PLANS FOR PLANNED DEVELOPMENTS, BY AMENDING
THE STANDARDS FOR A MINOR ADJUSTMENT TO AN APPROVED
PLANNED DEVELOPMENT; BY AMENDING SECTION 11.04.01,
GUARANTEES AND SURETIES, BY PROVIDING FOR A REVISED
METHOD OF SECURITY RELEASE WHEN THE BONDED IMPROVEMENTS
ARE NOT TO BE UNDER PUBLIC MAINTENANCE RESPONSIBILITY; BY
AMENDING SECTION 11.05.01, PROCEDURE FOR OBTAINING
DEVELOPMENT PERMITS, BUILDING PERMITS, BY INCREASING THE
MINIMUM VALUE OF CONSTRUCTION BEFORE A BOUNDARY SURVEY
WOULD BE REQUIRED; BY AMENDING SECTION 11.07.05(H),
CONDITIONAL USES, APPLICATION PROCEDURES, BY ADDING TO
THE REVOCATION PROCEDURES THE ABILITY TO INITIATE THE
REVOCATION OF A CONDITIONAL USE PERMIT UPON COMPLAINT OF
AN ADJACENT PROPERTY OWNER, BY PROVIDING FOR CONFLICTING
PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR
APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT
OF STATE, PROVIDING FORAN EFFECTIVE DATE, PROVIDING FOR
ADOPTION AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 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.
The Board of County Commissioners has adopted certain
amendments to the St. Lucie County Land Development Code,
through the following Ordinances
91-03 March 14, 1991 91-09 May 14, 1991
91-21 November 7, 1991 92-17 June 2, 1992
93-01 February 16, 1993 93-03 February 16, 1993
93-05 May 25, 1993 93-06 May 25, 1993
93-07 May 25, 1993 94-07 June 22, 1994
94-18 August 16, 1994 94-21 August 16, 1994
95-01 January 10, 1995 96-10 August 6, 1996
97-01 March 4, 1997 97-23 September 2, 1997
On July 17, 1997, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after
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publishing notice in the Port St. Lucie News and the Tribune at least
10 days prior to the hearing and continued the public hearing on the
proposed ordinance until August 21, 1997.
On August 21, 1997, the Local Planning Agency/ Planning and
Zoning Commission continued with the public hearing on this
proposed ordinance and after taking additional public testimony
closed the public hearing and recommended that the proposed
ordinance be approved, subject to certain modifications.
On September 16, 1997, this Board held its first public hearing on the
proposed ordinance, after publishing a notice of such hearing in the
Port St. Lucie News and the Tribune on September 4, 1997
On October 7, 1997, this Board held its second public hearing on the
proposed ordinance, after publishing a notice of such hearing in the
Port St. Lucie News and the Tribune on September 25, 1997.
The proposed amendments to the St. Lucie County Land
Development Code are 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, INCLUDE:
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CHAPTER II
DEFINITIONS
2.00.00 DEFINITIONS
When used in this Code, the following terms shall have the meanings herein ascdbed to them.
DEVELOPMENT ORDER, FINAL:
(1)
(2)
(3)
(4)
(5)
(7)
(8)
(9)
/,4
Building Permit;
Class A Mobile Home Permit;
Conditional use approval;
Mining Permit;
Planned Development Final Site Plan Approval;
Major Development Site Plan Approval;
Minor Development Site Plan Approval;
Vadance;
Mobile Home (Tie Down) Permit
DEVELOPMENT ORDER, PRELIMINARY:
(1)
(2)
(3)
(4)
(45_)
Amendment toAny Portion the Comprehensive Plan;
Planned Development Preliminary Site Plan Approval;
Amendment to the Official Zoning Atlas;
Development of Re~lional Impact-Development Order.
Any other development approval other than a Final Development Order.
3.00.00
3.01.03
A. AG-1
CHAPTER III
ZONING DISTRICTS
ZONING DISTRICTS
ZONING DISTRICTS
AGRICULTURAL- 1
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8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity.
Guest house subject to the re(~_uirements of Section 7.10.04. ,~)
AG-2.5 AGRICULTURAL - 2.5
Paragraph I through 7 - No Change
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity.
c_. Guest house subject to the reo_uirements of Section 7.10.04. ,~
AG-5 AGRICULTURAL - 5
Paragraph I through 7 - No Change
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a. Mobile homes subject to the requirements of Section 7.10.05.
b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity.
c_. Guest house subiect to the reo. uirements of Section 7.10.04. ~)
CG COMMERCIAL, GENERAL
Paragraph 1
2. Permitted Uses
- No Change
Lines "a" through "cc" - No Change
Lines "ee" through '~jy"" - No Change
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Paragraph 3 through 6 No Change
Conditional Uses
Adult establishments subject to requirements of Sec. 7.10.10. (~)
Drinking places (alcoholic beverages) - free-standing.
Disinfecting & pest control services.
Amusement parks. ~)
Go-cart tracks.
Hotels & motels. (~o~)
Household goods warehousing and storage-mini-warehouses
Marina - recreational boats only.
Motor vehicle repair services - body repair.
Radio, television, and microwave transmitting/receiving towers. (~)
Sporting and recreational camps.
Retail trade:
(1) Liquor stores. (~)
Stadiums, arenas, and race tracks, c~)
Paragraph 8 No Change
CHAPTER IV
SPECIAL DISTRICTS
4.02.00
RIVER PARK - COMMUNITY OVERLAY ZONE
4.02.02
RIVER PARK COMMUNITY OVERLAY ZONE ESTABLISHED
The River Park Community Overlay Zone shall consist of all those parcels of land lying in the following
subdivisions as recorded in the official land records of St. Lucie County, Florida, and which share a
common property line with the right-of-way for Prima Vista Boulevard and/or and are contiguous to a
parcel of land that shares a common property line with the right-of-way for Prima Vista Boulevard:
SUBDIVISION NAME PLAT BOOK PAGE
RIVER PARK- UNIT 3 10 80
RIVER PARK- UNIT 4 11 9
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6.00.00
6.00.05
RIVER PARK - UNIT 5
RIVER PARK - UNIT 6
RIVER PARK- UNIT 10
SUBDIV. OF PART OF TRACT "E", RIVER PARK- UNIT 3
11 31
12 26
14 29
12 22
Except that those properties in the above subdivisions that were classified with a COM (Commercial)
F,mJre Land Use desiRnalion on AuRust 6, 1996, the date of establishment of these reRulations, shall
not be not be included in the River Park Overlay Zone.
Figure 4-8 generally depicts the limits of the above described overlay zone.
CHAPTER VI
RESOURCE PROTECTION STANDARDS
VEGETATION PROTECTION AND PRESERVATION
CRITERIA GOVERNING ISSUANCE OF PERMIT
TREE PROTECTION AND MITIGATION
Prior to the removal and/or grubbing of native vegetation for the purpose of implementing a final
development order, the removal plan must demonstrate that reasonable efforts have been made to
micro-site impervious surfaces to protect such vegetation.
Any native tree at least 20 inches in diameter at breast height (DBH) shall be preserved and protected
in accordance with Section 6.00.05(C), unless the tree is determined to be a safety hazard, prevents
the reasonable development of the site, is causing damage to structures or more desirable trees
around it, is infected with disease or is infested with insects. The developer shall demonstrate why the
tree is a hazard, diseased, infected, infested or why it is not practically feasible to develop the parcel
without removing the tree. The Community Development Director shall determine the appropriateness
of any such claim and shall consult with the St. Lucie Urban Forester and the St. Lucie County
Agricultural Extension Service.
When a native tree at least 20 inches DBH is considered to be healthy and the Community
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Development Director has approved its removal based on meeting one or more of the above
standards, the Vegetation Removal Permit shall only be issued after an acceptable mitigation plan has
been reviewed and approved by the Community Development Director. Prior to the issuance of any
zoning compliance, certificate of capacity or other recognized authorization for the commencement
of the permitted development activity, the replacement trees shall be planted, relocated or preserved
or the appropriate mitigation fees shall be paid to the County.
Mitigation shall be required for the loss of any healthy, native tree of at least 20 inches DBH and shall
include the following:
the replacement trees, either preserved, relocated or newly planted, shall be of the same or
other native species as the tree(s) approved for removal;
the quality and size of the replacement trees shall meet the minimum landscape requirements
set forth in Section 7.09.03(C);
The quantity of replacement trees, for each species approved for removal, shall be at a ratio
of one inch DBH per one inch DBH removed. The following mitigation credits shall apply:
all native trees rsquir6d fc, r pr~ssi-~s~on protected on-site that are in excess of the
minimum requirements of Section 7.09.03(C) will count as a credit toward the
required mitigation of protected trees. For each inch of tree saved, a credit of 0.25
inch will be granted toward the required mitigation.
trees planted, preserved or relocated on-site, which exceed the minimum landscape
requirements of this Code shall count as equivalent replacement DBH if the trees are
of the same species as the native tree requiring mitigation;
trees planted, preserved or relocated on site which exceed the minimum landscape
cede shall count as half credit towards the mitigation requirements if such trees are
not of the same species as the native tree requiring mitigation but are native and
drought tolerant species;
4. The replanting design shall provide adequate space for root and crown development;
When the property being developed is not appropriate for on-site mitigation, the developer may
mitigate off site on public lands in the County in the following manner:
obtain written permission from the appropriate public entity to implement the
necessary replanting plan. The developer shall provide all necessary services to
implement the replanting plan, including but not limited to funding, plant materials and
labor; or
contribute $200 per inch DBH required for mitigation to the County to be used at the
County's discretion for either the acquisition and maintenance of publicly owned
environmentally unique lands, or to be used for relocating or replanting native trees
on public lands. Any such work shall be performed by a qualified professional.
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7.09.00
7.09,03
A.
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
LANDSCAPING AND SCREENING
GENERAL PROVISIONS
REQUIREMENT FOR LANDSCAPING PLAN
A ~leneral landscaping! plan shall be required with all buildinR permit applications associated with any
new structural construction or any addition to any existinR structure, except for those structures that are
part of a bona-fide aRdcultural use or operation and that as part of that operation do not involve the
retail sale of materials produced on site. In addition to demonstratinR compliance with the other
provisions of this Code, all landscapinR plans must show the location of all existing! and proposed utility
lines and d.qhts-of-way. The Reneral landscape plans shall indicate the relationship of the proposed
landscapinR to these utility lines and ril:lhts-of-way and shall demonstrate compliance with the other
provisions of this Code. The Reneral landscape plan shall identity the type and quantity of all plant and
tree species to be installed consistent with the provisions of this Code. Pdor to the issuance of any
certificate of occupancy or other final occupancy/use authorization, the Community Development
Director shall inspect and vedfy that the landscape plantinRs on the property are consistent with the
aporoved landscaDino clans.
INSTALLATION
All landscaping shall be installed in a professional manner according to accepted planting practice with
the quality of plant materials as hereinafter described and shall be irrigated by automatic means,
except for detached single-family (including individual mobile homes not located in a mobile home
park), two-family, and three-family residences.
IRRIGATION
Any new automatic irrigation system installed, including those voluntarily installed for detached
single-family (including individual mobile homes not located in a mobile home park), two-family, and
three-family residences shall incorporate the following criteria:
1. Zoning of irrigation systems:
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Sprinkler heads shall be circuited or zoned in order to promote the conservation of water.
2. Automatic rain shut-off devices:
Automatic irrigation systems shall be equipped with an automatic rain shut-off device for each
zone.
3. Elimination of over-throw onto impervious surfaces:
a. Sprinkler heads shall be directed away from impervious surfaces.
bo
The effects of wind on the spray stream shall be reduced by requiring Iow trajectory
spray nozzles.
4. Maintenance of Irrigation Systems:
Irrigation systems shall be maintained in working condition at all times, to prevent waste of
irrigation water.
5. Irrigation During Water Shortage
Irrigation systems shall be operated in accordance with the requirements of water shortages
declared for St. Lucie County by the South Florida Water Management District or St. Lucie
County.
MAINTENANCE
The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in
a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris.
Maintenance shall include the replacement of all dead matedal within ninety (90) days.
PLANT MATERIALS
1. Quality
Plant materials used in conformance with the provisions of this Code shall conform to the
standards of Florida No.1 or better as given in "Grades and Standards for Nursery Plants",
1973, and "Grades and Standards for Nursery Plants", Part II, Florida Department of
Agriculture and Consumer Services which are on file in the Office of the Community
Development Director, or standards equal thereto. All plant materials shall be insect- and
disease- resistant, and shall be clean and reasonably free of weeds and noxious pests or
diseases when installed. Plant materials that are known to be intolerant of paving
environments, whose physical characteristics may be injurious to the public, or that produce
a quantity and quality of debris so as to present maintenance difficulties shall not be specified
for use under this Code.
2. Trees
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Trees shall be species having an average mature spread of crown of greater than
fifteen (15) feet in St. Lucie County and have trunks that can be maintained in a clean
condition.
Palm trees may be clustered into groups of three (3) to achieve this minimum fifteen
(15) foot crown. Three palm trees are equal to one shade tree having a mature
spread of fifteen (15) feet.
Tree species shall be a minimum of ten (10) feet in height and have a caliper of two
and one-half (2 %) inches at four and one-half (4 ½) feet above the ground when
installed.
All required trees shall have a minimum of five (5) feet of clear trunk and a minimum
five (5) foot canopy spread at time of planting.
Trees of species whose mots are known to cause damage to public roadways or
other public works shall not be planted closer than twelve (12) feet to such public
roads or works, unless the tree root system is completely contained with a barrier for
which the minimum dimensions shall be five (5) feet square and five (5) feet deep,
and for which the construction requirements shall be four (4) inch thick concrete
reinforced with number six (6) road mesh (6x6x6) or equivalent.
None of the following trees shall be used to meet the requirements of this section:
Melaleuca leucadendra (Punk Tree)
Casuarina spp. (Australian Pine)
Dalbergiasissoo (Rosewood)
Albizzia lebbeck {Woman's Toun,qe)
Bishofia javanica (Bishofia)
Enterolobium c¥cocarpum (Ear tree)
Ficus spp. (Non-Native Ficus)
Sapium sebifrum (Chinese Tallow Tree)
Melia azedarach (Chinaberry)
Schinus terebinthefolius (Brazilian Pepper)
Cupianopsis anacardiodes (Carrotwood)
Acacia auriculiformis (Earleaf Acacia)
Araucaria heterophylla (Norfolk Island Pine)
Brassaia actinophylla (Schefflera)
Eucalvl3tus sl313. (Eucalyptus)
Grevilla robusta {Silk Oak)
Syzy,qium cumini {Java Plum)
and all non-native fruit trees such as orange and grapefruit trees. Fifty (50) percent
of the required trees shall be species other than palm trees.
When more than ten (10) trees are required to be planted to meet the requirements
of this Cede, a mix of species shall be provided. The minimum number of species to
be planted are indicated in Table 7-30. When a mix of species is required, no single
species shall exceed a 2 to I ratio relative to all other individual species.
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TABLE 7-30
Rec]uired Number Of Trees
11-20
Minimum Number Of $1)ecies
2
21-30 3
31-40 4
41+ 5
At least 50% of the planted trees shall consist of native species such as Live Oaks
(Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine (Pinus elliotti), or
other species listed in Section 7.09.06(C)(2)(d), Native and Drought-Tolerant
Vegetation. The requirements for canopy or shade trees shall be exempted by the
Community Development Director when the proposed location of the canopy or
shade trees will be in conflict with overhead power lines as described in Section
7.09.04(E)(2)¢D of this Code. The Community Development Director shall require
mifiRation at a minimum ratio of one to one to compensate for the loss of any canopy
or shade tree.
No tree shall be.planted where it could, at mature heiRht, conflict with overhead power
lines. Laq:ler trees (trees with a mature hei~lht of 30 feet or more) shall be planted ne
closer than a horizontal distance of 30 feet from the nearest overhead power line.
Medium trees (trees with a mature hei~qht between 20 - 30 feet) shall be off-set at
least 20 feet horizontally from the nearest overhead power line. Small trees (tree-~
with a mature heif3ht of less than 20 feet) shall not be required to meet a minimum
off-set, except that no tree, re.qardless of size shall be planted within five (5) feet of
any exislina or proposed utility pole, fluy wire, pad mounted electrical transformer or
other utility transmission/collection structure or equipment.
Palm trees with a maximum mature height great enough to interfere with overhead
power lines shall not be planted below overhead power lines and shall be located a
minimum of two and one half (2 1/2) feet, plus the average mature frond length,
outside of any utility right-of-way. The Community Development Director, in
consultation ~ Florida Power and Light Company, shall maintain a list trees typically
found in the South Florida area that at mature growth heights can reasonably be
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expected to interfere with overhead power lines.
Figure 7-30
large
30' minimum setback
20' minimum setback
Small I'rccs 8
Small Palms
May be planted adjacent
rgc
clearance
Shrubs and Hedges
Shrubs shall be a minimum of eighteen (18) inches in height above grade immediately after
planting. Hedges, where required, shall be planted and maintained so as to form a two (2)
foot or higher continuous, unbroken, solid visual screen within a maximum of one (1) year after
the time of planting.
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4. Vines
Vines shall be a minimum of twelve (12) inches in height immediately after planting and may
be used in conjunction with fences, screens, or walls to meet physical barrier requirements.
Ground Covers
Ground covers, olher than grass, shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within nine (9) months after planting.
Lawn Grass
Grass areas shall be planted in species normally grown as permanent lawns in St. Lucie
County. Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod
shall be used in swales or other areas subject to erosion. When other than solid sod is used,
protective measures shall be taken until complete coverage is achieved.
7. Native Vegetation
The preservation of exisling native vegetation is encouraged to satisfy the requirements of this
Section.
If the proposed landscape area preserves the existing vegetation, no additional plantings will
be required if adequate screening is provided.
8. Synthetic Lawns
Synthetic or artificial turf shall not be used in lieu of the plant requirements in this Code.
9. Synthetic Plants
Synthetic or arlificial material in the form of trees, shrubs, ground covers, or vines shall not be
used in lieu of the plant requirements in this Code.
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
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7.10.00
SUPPLEMENTAL STANDARDS
7.10.02
PI~.C:::-"-:TICN.,~"'" OUTDOOR DISPLAYS IN COMMERCIAL ZONING DISTRICTS
A.._: General
In all commercial zoning districts, and except as noted below, all business activities shall be in a
completely enclosed structure.
B._~. Exceptions
Exceptions to this prohibition shall be for the display of motor vehicles, marine craft, aircraft,
recreational vehicles, mobile homes, farm and construction equipment and vehicles, farm and
garden supplies, stone products, any other products designed for outdoor use, and the
location of dispensing equipment and devices. None of these displays may be located in any
required off-street parking area, a required off-street loading area, any required landscape
area, designated environmental protection area or any adjacent public right-of-way. All
display areas shall be properly screened as provided for in Section 7.09.00 of this Code.
The display of merchandise at the entry to any retail establishment shall be permitted provided
that the merchandise displayed is limited to the width of the business stores frontage; the
merchandise displayed is located on the sidewalk immediately adjacent to the stores primary
street/parking lot frontage; the display of merchandise does not extend more than 10 feet
from the wall of the commercial building; that a minimum six foot wide pedestrian path is to
be maintained along the sidewalk in front or, or adjacent to the business; and that the
displayed merchandise is not located or placed in any traffic or access aisle, parking space,
landscaped area, required fire lane or other emergency access path and does not obstruct
any fire hydrant or other fire service connections.
Outdoor eating areas are permitted as an accessory use to any permitted eating establishment
in any commercial zoning district, subject to the following standards:
The outdoor eating area does not occupy an area greater than 50% of the building
area of the business or use to which the eating area is accessory;
The outdoor eating area is not located in any required yard, parking area, servicn
area, landscape area, drainage area or public right-of-way;
If the outdoor eating areas is located along, or astride, a sidewalk or other pedestrian
accessway, a minimum six foot unobstructed passage shall be maintained through
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the outdoor eatin~l area. This requirement may be increased if it is determined bv the
appropriate public safety authorities to be necessary for adequate pedestrian
movement and emer~lency services access;
all outdoor eatin.q areas shall be desiRned and located in such a manner as to
prevent them from becomin~q a nuisance to any adjacent property or use. All outdoor
eatin.q areas shall be located so that there are no adverse noise, litqhtinR, trash or
other ne.qative impacts onto any adjacent property or use; and,
all outdoor eatinR areas shall provide for adequate off-street parkinR. All parkinR
computations shall be as if the outdoor eatin!q areas were fully enclosed.
CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.10.00
SUPPLEMENTAL STANDARDS
7.10.04 GUEST HOMES
In the AG-l, AG-2.5 AG-5, R/C, AR-l, RE-1 and RE-2 zoning districts the Community Development Director
may authorize as an accessory use, the construction of a guest house per single family dwelling, provided that
upon receiving a building permit for this use, the property owner sign a notarized statement to the effect that
under no circumstances shall the guest house be used for rental purposes seasonal or annual.
CHAPTER X
HARDSHIP RELIEF
10.00.00
NONCONFORMITIES
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10.00.02
NONCONFORMING USES
Paragraph A through E No Change
F. TERMINATION
1. Abandonment or Discontinuance
When a nonconforming use is discontinued or abandoned for twelve (12) months, then the
nonconforming use may not be restored unless the nonuse is due to circumstances beyond
the property owners' s control.
2. Damage or Destruction
Ifa structure housing a nonconforming use is damaged or destroyed by fifty (50%) percent or
moro of the assessed value of the structure, then the nonconforming use of the structure may
not be restored.
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CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
11.00.00
GENERAL PROVISIONS;
REQUIREMENTS
PUBLIC NOTICE
11.00.04
HEARING PROCEDURES
Paragraph A through C No Change
D. RECORD OF THE HEARING
The transcript of testimony, when and if available, the minutes of the Secretary, all appli-
cations, exhibits, documents, materials, and papers submitted in any proceeding before the
decision-making body, the Community Development Department's project files and records,
the report of the Community Development Director and the decision and report of the
decision-making body shall constitute the rocord.
The body conducting the hearing shall record the proceedings by any appropriate means;
upon request of any person to the Community Development Director and payment of a fee
to cover the cost of transcription, the record may be transcribed and a copy provided to that
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person. If a sound recording is made, any person shall be entitled to listen to the recording
at any reasonable time, or make copies at his own expense, at the Department of Community
Development.
Any person shall be entitled to examine the record, at a reasonable time, or make copies at
his own expense, at the Department of Community Development.
Paragraph E through H - No Change
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CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
11.02.00
PROCEDURE FOR REVIEW OF SITE PLANS
11.02.05
REVIEW OF APPUCATIONS FOR PREUMINARY AND FINAL SITE PLANS FOR
PLANNED DEVELOPMENTS
Paragraph A through C - No Change
D. APPEALS
Any final action includinR approval or denial of the preliminary PUD site plan by the Board of County
Commissioners made in accordance with the provisions of this Section may be appealed as provided
in Section 11.11.00.
E. MINOR ADJUSTMENTS
The Community Development Director may authorize minor adjustments to an approved Final Planned
Development Site Plan. Such minor adjustments shall be consistent with the intent and purpose of the
St. Lucie County Comprehensive Plan, the standards and requirements of this Code, and the
development as approved, and shall be the minimum necessary to overcome the particular difficulty.
Such minor adjustments shall be limited to the following:
Increasing any dimension of any one (1) primary structure or structures by not more than
twenty-five (25) percent; or
2. Altering the location of any one (1) structure or group of structures collectively by not more
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than ~[3f-(Se) one hundred (100) feet provided that the relocation does not result in any
encroachment into an area or areas desi.qnated as preserved or othenNise protected, without
the applicant providinA substantial evidence that the preserved or otherwise protected area
no Ion~ler needed or has been equitably compensated for; or
3. Increasing the net density of any one (1) stage or phase by more than ten (10) percent; or
Altering the location of any primary circulation element by not more than fifty (50) feet.
Relocation of any primary circulation element by more than filty (50) feet will be considered
a major adjustment unless the relocation results in a reduction in impervious surface area; or
5. Altedng the location of any open space by not more than-fh~¥-(5~ one hundred (100) feet; or
Reducing the total amount of open space by not more than fwe-(5) ten (10) percent or
reducing the yard area or open space associated with any single structure by not more than
fwe-(5) ten (10) percent. In no case shall the total amount of open space be permitted to be
less than the minimum amount of open space required under the planned development distdct
regulations, unless otherwise varied bythe Board of Adjustment or as may be permitted by the
other provisions of this Code.; or
7. Altering the location, type, or quality of landscaping elements;.; or,
8_. Reducin.q the Rross density or intensity of the approved development.
Notice of the authorization of such minor adjustments shall be provided to the Board of County
Commissioners.
Paragraph F - No Change
11.04.00
11.04.01
CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
GUARANTEES AND SURETIES
GENERALLY
Paragraph A through B No Change
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AMOUNT AND TYPE OF SECURITY
The amount of the security listed in the Improvement Agreement shall be reviewed and
approved by the Community Development Director, based on certified cost information
provided by the applicant.
Subject to the approval of the County Attorney the following types of security arrangements
may be used to secure the developer's obligations in the Improvement Agreement:
a. Cashier's check
b. Certified check
c. Developer/lender/County agreement
d. Interest beadng certificate of deposit
e. Clear irrevocable letters of credit
f. Surety bond
For all required developer-installed improvements that are proposed for dedication to any
recof~nized unit of local Rovernment in the State of Flodda, :Fthe amount of security shall be
one hundred and fifteen (115) pement of the total costs for the required
improvements. The amount of security may be reduced commensurate with the completion
and final acceptance of required improvements, in accordance with the provisions of Section
11.04.01(B)(7). In no case, however, shall the amount of the bond be less than one hundred
and fifteen (115) pement of the cost of completing the remaining required improvements.
For all required developer-installed improvements that are not proposed for dedication to any
reco~Inized unit of local Rovemment in the State of Florida, the amount of security shall be one
hundred (100) pement of the total costs for the required improvements. The amount of
security may be reduced commensurate with the completion and final certification of the
required improvements, in accordance with the provisions of Section 11.04.01 (B)('/'). In no
case, however, shall the amount of the bond be less than one hundred (100) percent of the
cost of completinR the remainintq required improvements.
COMPLETION OF IMPROVEMENTS
When improvements are completed, final inspection shall be conducted and corrections, if
any, shall be completed before final acceptance/certification is recommended by the County
Engineer. A recommendation for final acceptance/certification shall be made upon receipt of
a cerlification of project completion and one (1) copy of all test results and all as-built drawings
as called for in Section 11.03.03(C).
As required improvements are completed and accepted/certified, the developer may apply for
release of all or a portion of the security consistent with the requirement in Section
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11.04.01 (C)(3) above.
RELEASE OF SECURITY FOLLOWING COMPLETION OF REQUIRED IMPROVEMENTS
1. Release of developer's security.
a. Certification of work by developer's engineer.
Upon completion of construction of all required improvements, the developer's
engineer shall certify that the improvements have been constructed in accordance
with the regulations sst out in this Code. The written certification shall be expressed
in the following form:
CERTIFICATION
I hereby certify that all of the required project improvements, as identified in the
attached Improvement Agreement, have been completed on (Project
Name) and that I have inspected the construction incrementally in
accordance with the requirements of "Standard Specifications for Public Works
Construction, St. Lucie County, Florida." These improvements conform to the
development plans and the Standard Specifications, with the following deviations:
(enumerate deviations, if any). However, these deviations will not result in functional
or structural problems, other than routine maintenance based on my evaluation and
professional opinion.
Certified by:
Date:
Florida Professional Engineer No.
The engineer's signature shall be sealed with his impression seal. A full set of the
required test reports and supporling data shall accompany the certification, along with
the as-built construction plans that are consistent with the requirements of Section
11.03.03(C).
County Engineer's review of completed improvements.
When an improvement has been cerlJfied by the developer's engineer as specified
above, the County Engineer shall review the construction, and supporting test/control
data furnished by the developer's engineer. If all is acceptably completed, he shall
confirm same in writing to the Board of County Commissioners.
Board of County Commissioners acceptance of improvements:
Improvements in a Public Right-of-Way:
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do
Upon confirmation from the County Engineer that improvements are
acceptably completed, the Board of County Commissioners shall act on
"conditionally accepting" for maintenance any improvements constructed on
public right-of-way and easements. Acceptance shall be conditioned on a
one (1) year and thirty day (30) period during which time the developer shall
maintain all improvements and correct all deficiencies that occur. If the
Board of County Commissioners "conditionally accepts" improvements for
maintenance, the developer shall provide security consistent with the
provisions of this Sec'don.
Improvements in a privately maintained road and drainage right-of-way or
access easement:
Upon confirmation from the County Engineer that all improvements are
acceptably completed, the Board of County Commissioners shall act on
.......... the findings of completion. Aoeeptanee
certifvina "cc, ndP~on~lly .... ~,-,,u
.......... -~[~i day p~r,d du~ng which ~ma
Upon certification, the developer may request release of the remaininfl security for
these improvements consistent with the requirement in Section 11.04.01 (C)(3) above.
The developer is not required to provide for a county maintained security for the
purpose of assurinfl maintenance of the completed private infrastructure
improvement.
Developer's maintenance period of improvements in a Public Riflht-of-Way.
The developer shall maintain all improvements identified in the Improvement
Agreement, until final approval is received from the Board, such time being for a
period of at least one (1) year and thirty (30) days from the time construction is
conditionally accepted by the Board. One year from the date of "conditional
acceptance" the developer shall contact the County Engineer for a joint inspection of
the improvements with his engineer. The developer shall correct all deficiencies in
an approved manner, except those damages that are not a result of design or
construction deficiendes. If the required corrective action cannot be completed by the
year and thirty (30) day expiration date, the County may so notice the developer that
the required security will not be released until all necessary corrective actions have
been completed and approved by the County. When all corrections have been made,
the County Engineer shall so inform the board. The Board of County Commissioners
shall then act on release of remaining development security, and acceptance of
improvements on public right- of-way and easements for maintenance.
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Fo
e. Limitations as to county maintenance.
Nothing in the regulations sst out in this Code, shall be construed as meaning that the
Board of County Commissioners shall take over for county maintenance any road,
street, public parking or other public area, or drainage facility related thereto, except
those designed and built in accordance ~ the county's requirements and taken over
for county maintenance by specific Board of County Commissioners action. The
assumption of maintenance by the county under the regulations set out in this chapter
shall not be construed to mean the county shall assume operating or other costs of
street lighting. Nothing in the regulations set out in this Code shall be construed as
obliging the county to drain any land, except that which lies in the public right-of-way
and drainage easements.
MAINTENANCE OFIMPROVEMENTS
A Maintenance Agreement and security shall be provided to assure the County that all
required improvements shall be maintained by the developer according to the following
requirements:
a. The period of maintenance shall be a minimum of one (1) year and thirty (30) days.
The maintenance pedod shall begin with the acceptance by St. Lucie County of the
construction of the improvements.
The sscurity shall be in the amount of fifteen percent (15) of the construction cost of
the improvements.
The original Maintenance Agreement shall be kept in the files of the Office of the
County Attorney. Monitoring of compliance with the agreement shall be the
responsibility of the County Engineer.
Except as required under para.qraph 2 of this section, a Maintenance A~lreement and security
shall not be required for improvements that are not proposed to be maintained by the Count,/
or any other public entity.
Whenever a proposed development provides for the creation of facilities or improvements
which are not proposed for dedication to the County a legal entity shall be created to be
responsible for the ownership and maintenance of such facilities and/or improvements.
When the proposed development is to be organized as a condominium under the
provisions of Chapter 718, Florida Statutes, common facilities and property shall be
conveyed to the condominium's association pursuant to that law.
When no condominium is to be organized, an owners' association shall be created,
and all common facilities and property shall be conveyed to that association.
c. An organization established for the purpose of owning and maintaining common
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11.05.00
11.05.01
facilities not proposed for dedication to the County shall be created by covenants
running with the land. Such covenants shall be recorded with the final record plat.
Such organization shall not be dissolved nor shall it dispose of any common facilities
or open space by sale or othenNise without first offering to dedicate the same to St.
Lucie County.
No Development Order shall be issued for a development for which an owners'
association is required until the documents establishing such association have been
reviewed and approved by the County Attorney.
CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
PROCEDURE FOR
PERMITS
BUILDING AND SIGN PERMITS
BUILDING PERMIT
1. Generally
OBTAINING
DEVELOPMENT
Paragraph a through c - No Change
No Building Permit shall be issued for development unless the application for building
permit is accompanied by a copy of a survey of the property on which the requested
activity is to be permitted. All surveys shall completely depict the following:
1. The location of the proposed development activity;
The relationship of the activity under application to all adjacent property lines,
and as may be required for the review of the application, all adjacent
structures, improvements or natural features;
A minimum of two (2) elevations along each roadway on which the proposed
aclJvity borders, the existing ground elevalJon at the approximate center of the
proposed structure, the existing ground elevation along the side property
lines adjacent to the proposed structure, and the proposed finished floor
elevation of the structure under application. All elevations are to be based
upon NGVD; and, except for detached single family residential lots or pamels
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11.07.00
11.07.05
of land having an area of one (1) acre or less;
The location of all native trees of 20 inches DBH and greater, with the
specific diameter and type of tree clearly identified.
All surveys submitted shall have been be prepared, signed and sealed by a Florida
Registered Land Surveyor, in accordance with the current provisions of Chapter
61 G17-6, FAC, except that applications for interior modifications or construction,
roofing permits not involving any structural alteration or additions to the area covered
by the roof surface, or any other permit required activity that does not result in the
expansion of any portion of the existing structures shall not be required to submit
surveys.
Accessory structures with a building value of less than fwe ten thousand dollars
($5666) ($10.000) be required to submit a survey but shall instead be required to
submit a scaled plot plan indicating the location of the accessory structure and its
compliance with minimum setback standards.
Copies of original surveys meeting the above requirements may be submitted with any
application for building permit, provided that the survey still depicts the accurate
location of all structures and other improvements on the property.
CHAPTER Xl
ADMINISTRATION AND ENFORCEMENT
CONDITIONAL USES
APPLICATION PROCEDURES
Paragraph A through G - No Change
REVOCATION OF CONDITIONAL USE PERMIT
In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every
conditional use approval that such approval may be revoked for_:
violation of any condition imposed upon such approval, and
upon complaint and proof of adverse effect on adjacent properties.
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The permit may be revoked only after the Board of County Commissioners holds a public hearing in
accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the
permittee provides written consent to the revocation to the Community Development Director, the
Director shall revoke the permit and notify the Board of County Commissioners of the revocation.
Paragraph I through J - No Change
PART B.
CONFLICTING PROVISIONS.
Special acts of the Flodda 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 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 throughout St. Lucie County's jurisdiction.
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 Gary D. Charles, Sr.
AYE
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OR BOOK
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Vice Chairman Paula A. Lewis
Commissioner Cliff Barnes
Commissioner John D. Bruhn
Commissioner Ken Sattler
AYE
AYE
AYE
AYE
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 renumbemd or relettered to accomplish such intention; provided, however, that parts B
through H shall not be codified.
PASSED AND DULY ENACTED this 7th day of October, 1997
ATTEST:
DJM
97-009e(LDCamends - disc ~4)
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
(,_~HAIRMAN
APPROVED AS TO FORM AND
(~ORRECTNESS: ~ ~
Ordinance #97-009e
Final
Underline is for addition
Stiike T;,~ug|% is for deletion
PRINT
DATE:
Page 27
10/07/97
ORDINANCE NO. 97-11
BE IT
AN ORDINANCE PROVIDING FOR THE REGULATION OF
THE COUNTY ROAD SYSTEM OF ST. LUCIE COUNTY IN
THE UNINCORPORATED AREAS AND IMPOSING A FEE
FOR A PRIVILEGED USE OF SUCH PUBLIC PROPERTY
BY ELECTRIC UTILITIES; REGULATING THE
OCCUPANCY OF THE COUNTY RIGHTS-OF-WAY AND
OTHER REAL PROPERTY OF ST. LUCIE COUNTY BY
AND IMPOSING A FEE UPON ELECTRIC UTILITIES
THAT OPERATE WITHIN ST. LUCIE COUNTY FOR THE
CONSTRUCTION, LOCATION OR RELOCATION OF
THEIR UTILITY FACILITIES OR USE-OF ELECTRIC
FACILITIES OWNED BY OTHERS FOR THE
DISTRIBUTION OR SALE OF ELECTRICITY TO AN END
USE CUSTOMER BY THE EXISTENCE OF AN ELECTRIC
UTILITY WHEELING EVENT; PROVIDING LEGISLATIVE
FINDINGS; DEFINING CERTAIN TERMS; GRANTING TO
THE ELECTRIC UTILITIES THAT OPERATE WITHIN ST.
LUCIE COUNTY THE PRIVILEGE TO USE AND OCCUPY
THE COUNTY RIGHTS-OF-WAY IN THE
UNINCORPORATED AREAS OF THE COUNTY;IMPOSING
AN ELECTRIC UTILITY PRIVILEGE FEE FOR THE
OCCUPANCY AND USE OF ELECTRIC FACILITIES IN
COUNTY RIGHTS-OF-WAY; PROVIDING FOR THE
CALCULATION OF THE ELECTRIC UTILITY PRIVILEGE
FEE; PROVIDING FOR MONTHLY PAYMENTS OF THE
ESTIMATED ELECTRIC UTILITY PRIVILEGE FEE;
PROVIDING A FINDING THAT THE ELECTRIC UTILITY
PRIVILEGE FEE WILL BE PASSED THROUGH TO THE
ELECTRIC UTILITY'S CUSTOMERS; PROVIDING FOR
INDEMNIFICATION OF THE COUNTY FOR THE
ELECTRIC UTILITY'S OCCUPANCY OF THE COUNTY
RIGHTS-OF-WAY; DECLARING THE COUNTY'S INTENT
NOT TO COMPETE; RESERVING THE COUNTY'S RIGHT
TO AUDIT AND EXAMINE THE BOOKS OF EACH
ELECTRIC UTILITY; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
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SECTION 1.01.
SECTION 1.02.
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
'~SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 3.01.
SECTION 3.02.
SECTION 3.03.
SECTION 3.04.
SECTION 3.05.
SECTION 3.06.
TABLE OF C01TTENTS
Pa~e
ARTICLE I
INTRODUCTION
DEFINITIONS .................. 2
FINDINGS .................... 5
ARTICLE II
USE OF COUI~ RIGHTS-OF-WAY
ELECTRIC UTILITY PRIVILEGE_GRANTED .... 7
RIGHT-OF-WAY PEP. MITS .............. 8
NO COUNTY LIABILITY ............... 9
INDEMNIFICATION ............ 9
ELECTRIC UTILITY PRIVILEGE FEE ......... 9
COLLECTION OF ELECTRIC UTILITY PRIVILEGE FEES
FROM CUSTOMERS .............. 11
RIGHTS TO CURE ............. 11
ARTICLE IIi
.~GENEEAL PR0VISZ0NS
AUTHORITY ............... 13
DECLARATION NOT TO COMPETE .......... 13
NO VESTED RIGHTS GRANTED ........... 14
EXAMINATION OF BOOKS AND RECORDS ...... 14
SEVERABILITY ............... 14
EFFECTIVE DATE ................ 15
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ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. When used in this Ordinance, the
following terms shall have the following meanings, unless the
context clearly otherwise requires:
"Board" shall mean the Board of County Commissioners of the
County.
"Clerk" shall mean the clerk to the Board.
"County" shall mean St. Lucie County, Florida.
"County Administrator" shall mean the chief administrative
official of the County, its successor in function, or designated
representative.
"County Fiscal Year" shall mean the period beginning on
October 1 and ending on the next ensuing September 30.
"County Rights-of-Way" shall mean those easements and rights-
of-way used or obtained for use for a road, street, alley, utility,
bridge, or other public way in connection with the provision and
maintenance of the County Road System, and such other lands
available for public use.
"County Road System" shall mean the road system of the County,
as defined in Chapter 334, Florida Statutes, or its statutory
successor in function.
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"Electric Facilities" shall mean all structures or personal
property used in generating, distributing or transmitting
electricity placed on or within County Rights-of-Way, including but
not limited to the following:
wires, conduits, and fences,
facilities or other structures.
transmission lines, poles, signs,
and electric power generation
"Electric Privilege" shall mean the privilege to use County
Rights-of-Way in the unincorporated areas of the County for a
proprietary purpose as granted to each Electric Utility in Section
2.01 of this Ordinance.
"Electric Utility or Utilities"
person which owns, maintains, uses,
shall mean any entity or
or operates an electric
generation, transmission, or distribution system within the County,
and any New Electric Utility. An Electric Utility for the purpose
of regulation under this Ordinance shall not include an entity that
operates under a non-terminated, consented to County electric
utility franchise agreement, as granted and adopted by separate
County ordinance.
"Electric Utility Privilege Fee" shall mean the fee imposed on
each Electric Utility in Section 2.05 of this Ordinance for the
following purposes: (A) reasonable compensation for the privileges
granted in this Ordinance to use and occupy the County Rights-of-
Way for the construction, location or relocation of Electric
Facilities; (B) fair rental return on the privileged use of public
property for a proprietary purpose; and (C) payment of the cost of
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regulating the County Rights-of-Way and protecting the public in
the use and occupancy of such County Rights-of-Way.
"Electric Utility Wl%eeling Event" shall mean any circumstances
under which the Electric Facilities of any Electric Utility are
used by another entity to generate, transmit, distribute, or
otherwise sell electric energy directly to an end use customer
located in the unincorporated areas of the County.
"Expenses Reimbursement" shall mean that amount further
described in Section 2.06 of this Ordinance which represents a
portion of the Electric Utility Privilege-Fee which each Electric
Utility may retain in recognition of the expenses the Electric
Utilities will incur in collecting and transmitting the Electric
Utility Privilege Fee to the County.
"Gross Revenues" shall mean those revenues received by the
Electric Utility from the retail sale of electricity to customers
in the unincorporated areas of the County. The term "Gross
Revenues" shall not include any revenues derived from the sale of
facilities, transmission rights, or other electrical services not
constituting the sale of electricity to a utility customer. This
term also shall not include amounts received due to an Electric
Utility's collection of any taxes, fees, or charges imposed by any
governmental unit.
"Monthly Certification Date" shall mean the date no later than
the 15th day of each month as further described in Section 2.05 of
this Ordinance.
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"Monthly Payment Date" shall mean the date no later than the
30th day of each month as further d~scribed in Section 2.05 of this
Ordinance.
"New Electric Utility" shall mean any person or entity that
commences the sale, generation, transmission or distribution of
electricity to customers within the unincorporated areas of the
County after the effective date of this Ordinance by owning,
operating, or maintaining Electric Facilities, or by using Electric
Facilities owned, used or maintained by others, through an Electric
Utility Wheeling Event, or by any other means.
"Ordinance" shall mean this Electric Utility Privilege Fee
Ordinance, as amended from time-to-time.
"Right-of-Way Permit" shall mean the permit issued under
Section 2.02 of this Ordinance which documents permission for the
construction, location or relocation of Electric Facilities on or
within the County Rights-of-Way.
SECTION 1.02.
and declared:
(A) The Board
FINDINGS. It is hereby ascertained,-determined
has the statutory authority to provide,
maintain and supervise the County Road System under the provisions
of Chapter 336, Florida Statutes. Such statutory authority
includes the power to establish new roads, change and discontinue
old roads, and keep all roads in good repair.
(B) The Board has the further statutory authority to regulate
the location and relocation of Electric Facilities on the County
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Rights-of-Way under the provisions of Chapter 337, Florida
Statutes. Such statutory authority includes the power to require
EleCtric Utilities to obtain a permit for the location of Electric
Facilities on the County Rights-of-Way.
(C) Electric Utility use and occupancy of the County Rights-
of-Way pursuant to an Electric Privilege provides a benefit to such
Electric Utilities which is not available to the general public and
which inevitably results in the relinquishment of property rights
in the County Rights-of-Way, held by the County as a public trust.
The citizens of the County, through the p~st allocation of County
revenues, have an economic investment in the acquisition,
construction and maintenance of the County Rights-of-Way and the
preservation and maintenance of this public investment in the
County Rights-of-Way is in the public interest.
(D) The County's regulation of the use of the County Rights-
of-Way by Electric Utilities among competing road and utility uses
is essential to maximize the effective and efficient use of the
County Rights-of-Way (1) to avoid conflicts with drainage and
maintenance, (2) to avoid conflicts with the use of such public
places for other public purposes, including but not limited to,
other publicly and privately-owned utilities and communications
facilities, and (3) to preserve the paramount use of County Rights-
of-Way in supporting traffic circulation and control on the County
Road System.
(E) The County's legislative declaration not to compete in
the generation, transmission or distribution of electrical power to
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customers in the unincorporated areas of the County, made in
Section 3.02 of this Ordinance, constitutes a valuable competitive
advantage to the Electric Utilities~
(F) Improper construction, location or relocation of poles
and other Electric Facilities is a potential safety hazard to the
public and is inconsistent with the paramount use of the County
Rights-of-Way to provide traffic circulation and control on the
County Road System.
(G) The Electric Utility Privilege Fee imposed under this
Ordinance is a reasonable rental charge fQr an Electric Utility's
privileged use and occupancy of the County Rights-of-Way and for
maximizing the effective and efficient use of County Rights-of-Way
for their primary purposes of supporting traffic circulation and
control on the County Road System.
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ARTICLE II
USE OF COUNTY RIGHTS-OF-WAY
SECTION 2.01. ELECTRIC UTILITY PRIVILEGE GRANTED.
(A) Each Electric Utility is granted an Electric Privilege to
use and occupy the County Rights-of-Way in the unincorporated areas
of the County for the construction, location, and relocation of its
Electric Facilities or for the use of Electric Facilities owned,
used or maintained by others as a consequence of an Electric
Utility Wheeling Event or under any other circumstances. The
Electric Privilege shall be subject to the conditions and
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regulations provided in this Ordinance and conditioned upon payment
by the Electric Utility of the Electric Utility Privilege Fee
established in Section 2.05 of this Ordinance.
(B) If an Electric Utility conducts its business or
proprietary activity within the County exclusively on property
other than the County Rights-of-Way, no Electric Utility Privilege
Fee will be imposed under this Ordinance on the revenues received
by such Electric Utility from the sale of electricity within the
County. Any such utility, generating, transmitting and
distributing electricity for sale on property other than County
Rights-of-Way, would not be exercising a privileged use of public
property in its business or proprietary activity and would thus be
beyond the scope of this Ordinance.
SECTION 2.02. RIGHT-OF-WAY PERMITS.
(A) Each Electric Utility shall secure a Right-of-Way Permit
prior to the construction, location or relocation of Electric
Facilities within the County Rights-of-Way.
(B) If any portion of a street or road is excavated or
disturbed by an Electric Utility in the construction, location or
relocation of Electric Facilities pursuant to a Right-of-Way
Permit, that portion of the street or road so excavated or
disturbed shall be repaired and replaced by the Electric Utility at
its expense to as good a condition as existed prior to the time of
such disturbance, excavation or repair.
(C) Any Electric Utility subject to and currently paying the
Electric Utility Privilege Fee shall not be required to pay a fee
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in
application therefor.
SECTION 2.03. NO COUNTY LIABILITY. The County shall not be
liable to any Electric Utility for any cost or expense in
connection with the construction, reconstruction, repair or
relocation of the Electric Facilities made necessary by the
exchange for receiving a Right-of-Way Permit or filing an
widening, grading, paving or otherwise improving by the County of
any road, street, alleyway or other public improvement within the
County Rights-of-Way.
SECTION 2.04. IND~MI~IFICATION. The- County shall not be
liable or responsible for any accident or damage that may occur in
the construction, location or relocation or operation and
maintenance by any Electric Utility of its Electric Facilities on
or within the County Rights-of-Way and the Electric Utility as a
condition of the privilege granted pursuant to Section 2.01 of this
Ordinance, shall be deemed to have agreed to indemnify and hold
harmless the County from any and all liability, loss, cost damage
or expense which may accrue to the County by reason of the neglect,
default or misconduct of the Electric Utility in the construction,
location or relocation or operation and maintenance of its Electric
Facilities within the County Rights-of-Way.
SECTION 2.05. ELECTRIC UTILITY PRIVILEGE FEE.
(A) Each Electric Utility that exercises an Electric
Privilege granted pursuant to Section 2.01 of this Ordinance shall
pay the County an Electric Utility Privilege Fee each month. Each
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Electric Utility shall certify to the Clerk the amount of the
Electric Utility Privilege Fee to be paid by the Monthly
Certification Date for the monthly billing cycle that begins two
months prior to that Monthly Certification Date. Each Electric
Utility shall pay that certified amount to the Clerk no later than
the Monthly Payment Date. Each Electric Utility shall calculate
its Electric Utility Privilege Fee certification and payment at the
following rate: six percent (6%) of the Gross Revenues received
from customers in the unincorporated areas of the County at the
close of the monthly billing cycle beginning two months prior to
the Monthly Certification Date.
(B) Nothing contained herein shall be construed to be a
limitation on the assessment and collection of valid taxes, special
assessments, licenses, fees, charges or other impositions by the
County or other public or governmental body on the Electric
Utilities regardless of the payment of the Electric Utility
Privilege Fee imposed by this Section of this Ordinance, unless
otherwise expressly provided by this Ordinance.
(C) The Electric Utility Privilege Fee is imposed against
each Electric Utility upon its privileged use of County Rights-of-
Way and is calculated as a percentage of the Gross Revenues
received by the Electric Utilities from the sale of electricity to
their customers within the unincorporated areas of the County. The
Electric Utility Privilege Fee is not based on the extent and scope
of the Electric Facilities that are located in County Rights-of-
Way. This fee calculation is hereby declared to be reasonable and
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consistent in amount and within the method of calculation
historically bargained for by electric utilities in securing a
franchise from local governments which granted a privileged use of
rights-of-way and other public property.
SECTION 2.06. COLLECTION OF ELECTRIC UTILITY PRIVILEGE FEES
FROM CUSTOI~ERS.
(A) It is hereby legislatively declared that the Electric
Utility Privilege Fee imposed by this Ordinance is the functional
equivalent of a franchise fee within the meaning of Rule 25-
6.100(7), Florida Administrative Code, as-amended from time-to-
time, and it is contemplated that the Electric Utility Privilege
Fee shall be collected in a manner which is consistent with such
established administrative procedures.
(B) As reimbursement for expenses incurred in collecting and
transmitting the Electric Utility Privilege Fee to the County, each
Electric Utility shall be permitted to retain one-half of one
percent (.5~) of the monthly installment of the Electric Utility
Privilege Fee as an Expenses Reimbursement.
SECTION 2.07 RIGHTS TO CURE.
(A) If the County grants a privilege or franchise to any
other Electric Utility or otherwise enables any other person to
construct, operate or maintain Electric Facilities in the
unincorporated areas of the county or compete on terms and
conditions which any Electric Utility considers more favorable than
the privileges and conditions contained in this Ordinance, the
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Electric Utility shall deliver to the Clerk written notice of the
terms and conditions that it considers more favorable. Upon such
delivery, the County shall Lhen have 120 days in which to correct
or otherwise remedy the terms and conditions identified by the
Electric Utility. If such terms or conditions are not remedied by
the County within said 120 days, the Electric Utility may withhold
payment of the Electric Utility Privilege Fee by delivering written
notice to the Clerk until such time as a court of competent
jurisdiction has resolved the dispute or other adjudicatory body,
as mutually agreed to by the parties, has_resolved the dispute.
(B) If, as a direct or indirect consequence of a legislative,
regulatory or other action of the United States of America or the
State of Florida, or any department, agency, authority
instrumentality, or political subdivision of either of them, any
New Electric Utility is permitted to operate within the
unincorporated areas of the County and provide electricity to a
customer then being served by any existing Electric Utility in a
manner that avoids the obligation to pay the Privilege Fee imposed
pursuant to the Ordinance or a substantially equivalent franchise
fee, and any Electric Utility, not a New Electric Utility,
determines that its obligations under this Ordinance, in respect to
rates and service, place it at a competitive disadvantage with
respect to such other person, the Electric Utility shall deliver to
the Clerk written notice identifying such actions which resulted in
the competitive disadvantage. The County shall then have 180 days
in which to correct or otherwise remedy the competitive
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disadvantage. If such competitive disadvantage is not remedied by
the County within said 180 days, the said Electric Utility may
withhold payment of the Electric Utility Privilege Fee by
delivering written notice to the Clerk until such time as a court
of competent jurisdiction has resolved the dispute or other
adjudicatory body, as mutually agreed to by the parties, has
resolved the dispute. Said right to withhold payment under this
subsection shall not be effective until the close of the County
Fiscal Year in which the 180 day right to cure period ends.
ARTICLE III
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GENERAL PROVISIONS
SECTION 3.01. AUTHORITY. This Ordinance is adopted under the
power of self-government of counties authorized under Article VIII,
section (1) (f), Florida Constitution, and section 125.01(1),
Florida Statutes. The privilege awarded to the Electric Utilities
under Section 2.01 of this Ordinance is pursuant to the grant of
the power of self-government to counties and not pursuant to the
additional statutory authority of section 125.42, Florida Statutes.
SECTION 3.02. DECLARATION NOT TO CO~PETE. The County hereby
declares that it will not engage in the business of the generation,
distribution, or transmission of electricity or the sale thereof to
any customers in the County in competition with any Electric
Utility.
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SECTION 3.03. NO V~$TED RIGHTS GRANTED. No Electric Utility
shall acquire any vested rights hereunder which would limit in any
manner the County's right to amend, modify, or revoke this
Ordinance.
SECTION 3.04. EXAMINATION OF BOOKS AND RECORDS. The County
may at its option and its expense and upon reasonable notice to
each Electric Utility, at any time within ninety (90) days after
each anniversary date of the effective date of this Ordinance
examine the records of operation and accounting files, books, and
records, as such records relate to the calculation of either or
both the Electric Utility Privilege Fee payments to the County, as
provided herein. The examination of such books, accounts, or
records, or other materials necessary for the determination of
compliance with the terms, provisions, or requirements of this
franchise shall be during regular hours of business of the Electric
Utility and at the corporate offices of the Electric Utility. The
County specifically reserves the right to conduct such audit by any
third party employed by the County, whose fee for conducting such
audit may be contingent on the findings of the audit.
SECTION 3.05. SEVERABILITY. If any clause, section, or
provision of this Ordinance shall be declared unconstitutional or
invalid for any reason or cause other than the imposition of the
Electric Utility Privilege Fee imposed under this Ordinance, the
remaining portion of said Ordinance shall be in full force and
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effect and be valid as if such invalid portion thereof had not been
incorporated herein.
SECTION 3.06. EFFECTIVE DATE. A certified copy of this
Ordinance shall be filed with the Florida Department of State by
the Board within ten (10) days after enactment. This Ordinance
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shall not be effective upon any Electric Utility operating in the
County that has entered into a mutually-agreed upon franchise
agreement between the County and said Electric Utility or upon any
New Electric Utility that enters into a mutually-agreed uPOn
franchise agreement between the County and- said New
Utility. Th~s Ordinance shall take effect on October 1.~ ~7.
D~Y ENACTED in regular session, this 17th day o~e, ~9
ORDINANCE NO. 97-12
AN ORDINANCE RELATING TO ST. LUCIE COUNTY,
FLORIDA, TO ENCOURAGE ECONOMIC DEVELOPMENT
IN THE COUNTY; ESTABLISHING AN EXEMPTION FROM
CERTAIN AD VALOREM TAXATION FOR ORCHID ISLAND
JUICE COMPANY, 330 NORTH U.S. HIGHWAY '1, FORT
PIERCE, FLORIDA, A NEW BUSINESS; PROVIDING THE
AMOUNT OF REVENUE AVAILABLE FROM AD VALOREM
TAX SOURCES FOR THE CURRENT FISCAL YEAR AND
THE AMOUNT OF ESTIMATED REVENUE FROM THE
CURRENT FISCAL YEAR WHICH WOULD BE LOST
BECAUSE OF THE EXEMPTION GRANTED TO ORCHID
ISLAND JUICE COMPANY; PROVIDING AN EXPIRATION
DATE OF THE EXEMPTION FROM THE DATE ON BOARD
ADOPTION OF THIS ORDINANCE; PROVIDING A FINDING
THAT ORCHID ISLAND JUICE COMPANY MEETS THE
DEFINITION OF A NEW BUSINESS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUClE COUNTY, FLORIDA:
ARTICLE I
Short Title
This Ordinance shall be known as County Ordinance No. 97-12 "Economic
Development Ad Valorem Tax Exemption - Orchid Island Juice Company.
ARTICLE II
Procedure
After consideration of the report of the Property Appraiser and in accordance with
the procedure set forth in County Ordinance 92-24, "Economic Development Ad Valorem
Tax Exemption Regulations .of St. Lucie County, Florida", the Board grants and
establishes an exemption from ad valorem taxation of the assessed value of Orchid
Island Juice Company, 330 North U.S. Highway 1, Fort Pierce, Florida, in accordance
with the following exemption phase out schedule:
Year 1 (Fiscal Year 96-97) 100%
Year 2 - 90%
Year 3 - 80%
Year 4 - 70%
Year 5 - 60%
Year 6 - 40%
Year 7 - 20%
Year 8 - 0%
No exemption shall be granted on the land on which improvements are made by
Orchid Island Juice Company.
ARTICLE III
Ad Valorem Tax Revenues
Total revenues are available to the County for the current fiscal year from ad
valorem tax sources is $63,753,109.21. Revenues lost to the County for the current fiscal
year by ad valorem tax exemptions under this section currently in effect are $51,843.95.
Revenues to be lost by granting of this exemption for the current fiscal year are estimated
to be $10,843.50.
ARTICLE IV
Expiration Date
The Economic Development Ad Valorem Tax Exemption granted to Orchid Island
Juice Company a new business shall be for seven (7) years from the date of Board
adoption of this Ordinance.
ARTICLE V
Findin.q
The Board of County Commissioners of St. Lucie County, Florida, finds that Orchid
Island Juice Company is an expanding business as defined by St. Lucie County
Ordinance No. 92-24 and Section 196.012(16), Florida Statutes. The Board reserves the
right to repeal the exemption if Orchid Island Juice Company no longer satisfies the
criteria set out above.
ARTICLE VI
Severability
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
Ordinance is for any reason found void, invalid, unlawful, or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, independent,
and severable provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
ARTICLE VII
Effective Date
This Ordinance shall take effect upon receipt of notice of filing from the Secretary
of State.
ARTICLE VIII
Adoption
After motion and second, the vote on this Ordinance was as follows:
Chairman Gary D. Charles, Sr.
Vice Chairman Paula Lewis
Commissioner John Bruhn
Commissioner Ken Sattler
Commissioner Cliff Barnes
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PASSED AND DULY ADOPTED this 22nd day of July, 1997.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~ORDINANCE NO. 97-14
AN ORDINANCE AMENDING CHAPTER 1-19.3, TAXATION,
OF THE CODE OF ORDINANCES OF ST. LUClE COUNTY,
FLORIDA, THEREBY AMENDING SECTION 1-19.3-30 OF
ARTICLE III TOURIST DEVELOPMENT TAX, TO PROVIDE
FOR THE LEVY OF AN ADDITIONAL TOURIST
DEVELOPMENT TAX AT A RATE OF ONE (1) PERCENT
(ABOVE THE EXISTING THREE (3) PERCENT TAX) OF
EACH DOLLAR AND MAJOR FRACTION OF EACH
DOLLAR OF THE TOTAL CONSIDERATION CHARGED
FOR EACH LEASE OR RENTAL WITHIN ST. LUCIE
COUNTY BY EVERY PERSON WHO RENTS, LEASES, OR
LETS FOR CONSIDERATION ANY LIVING QUARTERS OR
ACCOMMODATIONS IN ANY HOTEL- .APARTMENT,
HOTEL, MOTEL, RESORT MOTEL, APARTMENT,
APARTMENT MOTEL, RoOMINGHOUSE, MOBILE HOME
PARK, RECREATION VEHICLE PARK, OR CONDOMINIUM
FOR A TERM OF SlX (6) MONTHS OR LESS, UNLESS
SUCH ACCOMMODATIONS ARE EXEMPT ACCORDING
TO THE PROVISIONS OF CHAPTER 212, FLORIDA
STATUTES; FURTHER AMENDING SECTIONS 1-19.3-31
TO PROVIDE FOR THE PROPOSED USES AND EXPENSE
ALLOCATION OF THE ADDITIONAL ONE (1) PERCENT
TAX TO PAY DEBT SERVICE ON BONDS ISSUED TO
FINANCE THE CONSTRUCTION, RECONSTRUCTION OR
RENOVATION OF THE ST. LUClE COUNTY SPORTS
COMPLEX, A PROFESSIONAL SPORTS FACILITY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE AND THE
DEPARTMENT OF REVENUE; PROVIDING FOR AN
EFFECTIVE DATE AND FOR TERMINATION, AND
CODIFICATION.
WHEREAS, the Florida Legislature amended Section 125.0104(3)(1), Florida
Statutes (1996 Supplement) to provide that the goveming board of the county may levy,
impose and set an additional one (1) percent tourist development tax by majority vote of
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~,,-, ,,.u ,~,..,-,, ,,.,~. passages are deleted.
Underlined passages are added.
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the governing board in order ~{o pay the debt service on bonds issued to finance the
construction, reconstruction or renovation of a professional sports franchise facility; and,
WHEREAS, the St. Lucie County Sports Complex is a professional sports facility
as contemplated by Section 125.0104(3)(1); and,
WHEREAS, this Board has determined that the levy and imposition of an additional
one (1) percent tourist development tax for the purpose of paying debt service issued to
finance the construction, reconstruction or renovation of the St. Lucie County Sports
Complex 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. ARTICLE III TOURIST DEVELOPMENT TAX OF CHAPTER 1-19.3 OF
THE CODE OF ORDINANCES OF ST. LUClE COUNTY, FLORIDA, IS
HEREBY AMENDED AS FOLLOWS:
Section 1-19.3-30. Levy.
(a) Subject to the provisions of this article and Section
125.0104, Florida
Statutes, there is hereby levied and imposed a tourist development tax at a rate of three
(3-) four (4) perce~t of each dollar and major fraction of each dollar of the total
consideration charged for each lease or dollar and major fraction of each dollar of the
total consideration charged for each lease or rental within St. Lucie County by every
person who rents, leases, or lets for consideration any living quarters or accommodations
in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel,
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roominghouse, mobile home park, recreational vehicle park, or condominium for a term
of six (6) months or less, unless such persons rents, leases, or lets for consideration any
living quarters or accommodations that are exempt according to the provisions of Chapter
212, Florida Statutes.
(b) The tourist development tax shall be in addition to any other tax imposed
pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes and fees and
the consideration for the rental or lease.
(c) The tourist development tax shall be charged by the person receiving the
consideration for the lease or rental, and it shall be collected from the lessee, tenant, or
customer at the time of payment of the consideration for such lease or rental.
Section 1-19.3-31. Plan for Tourist Development.
(a) Anticipated revenue. The tourist development tax shall be levied at a rate
o~, ~,,-~,,/,~ ~,r,,,, p=;ccnt four ~4) percent of each dollar of the total consideration charged
for leases and rentals subject to the tax. The anticipated net tourist development tax
revenue to be derived by St. Lucie County for the twenty-four (24) months following the
initial levy of the two cent (2c) tax is six hundred twenty-four thousand dollars
($624,000.00), less costs of administration as retained by the Florida Department of
Revenue.
(b) Boundaries for tax district. The district in which the tourist development tax
is levied shall include the entirety of St. Lucie County.
(c) Proposed uses of revenue of the two (2) percent tax. The proposed uses
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of the tourist development tax revenue from the two (2) percent tourist development tax
in the order of priority, are first, to provide a sports stadium and related facilities in St.
Lucie County, and second, to promote and advertise toudsm in St. Lucie County.
(d) Expense allocation for two (2) percent tax. The tourist development tax
revenue from the two (2) percent tourist development tax shall be allocated to providing
a sports stadium and related facilities in St. Lucie County.
(e) Proposed uses of revenue for the first additional one (1) percent tax
imposed by Ordinance No. 87-82 effective January 1, 1988. The proposed uses of the
tourist development tax revenue for the first additional one (1) percent tourist
development tax imposed by Ordinance No. 87-82 are to promote and advertise toudsm
in St. Lucie County.
(f) Expenses allocation for the first additional one (1) percent tax imposed by
Ordinance No. 87-82 shall be allocated to promoting and advertising tourism in St. Lucie
County.
('~ Proposed uses of revenue for the second additional one (1) percent tax
imposed by Ordinance No. 97-14. The proposed uses of the tourist development tax
revenue for the second additional one (1%) percent toudst development tax imposed by
Ordinance No. 97-14 are to pay debt service on bonds issued to finance the construction,
reconstruction or renovation of the St. Lucie County Sports Complex.
(h) Expense allocation for the second additional one (1%) percent tax imposed
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by OrdinanCe No. 97-14. The tOurist development tax revenue from the second additional
one (1) percent tourist development tax imposed by Ordinance No. 97-14 shall bn
allocated to pay debt service on bonds issued to finance the construction, reconstruction
or renovation of the St. Lucie County Sports Complex.
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 this
ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Flodda,
32304.
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PART F. FILING WITH DEPARTMENT OF REVENUE
The County Attorney shall send a certified copy of this ordinance to the
Department of Revenue, The Carlton Building, Tallahassee, Florida, 32301, within ten
(10) days after approval of the Ordinance.
PART G. EFFECTIVE DATE; TERMINATION
This ordinance shall take effect upon filing with the Secretary of State. The tax
imposed by this ordinance shall be in effect August 1, 1997 to December 31, 2002, both
inclusive, unless extended by the Board.
PART H. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman Gary D. Charles, Sr.
Vice Chairman Paula A. Lewis
Commissioner John D. Bruhn
Commissioner Cliff Barnes
Commissioner Ken Sattler
PARTI I. CODIFICATION
AYE
AYE
AYE
AYE
NAY
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 to I shall not be codified.
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Underlined passages are added.
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pASSED AND DULY ADOPTED this 17th day of June, 1997.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
(dhairman
,. ~. APPROVED AS TO FORM AND
¥~% ECTNESS:
~?~* ........... ~ BY: /~
/ c°unty A~r~y
;HAT THIS IS A
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t
ORDINANCE NO. 97-15
AN ORDINANCE AMENDING CHAPTER 1-19.3
"TAXATION" OF THE CODE OF ORDINANCES OF ST.
LUCIE COUNTY, FLORIDA, THEREBY AMENDING
SECTION 1-19.3-41 TO PROVIDE FOR THE IMPOSITION
OF AN ADDITIONAL TVVO CENT ($0.02) LOCAL OPTION
IVIOTOR FUEL TAX UPON EVERY GALLON OF MOTOR
FUEL SOLD IN ST. LUCIE COUNTY AND TAXED UNDER
THE PROVISIONS OF CHAPTER 206, FLORIDA
STATUTES; FURTHERAMENDING SECTION 1-19.3-43 TO
PROVIDE THAT THE TAX IMPOSED BY THIS ORDINANCE
SHALL BE EFFECTIVE FROM JANUARY 1, 1998
THROUGH AUGUST 31, 2015; PROVIDING FOR
SEVERABILITY AND APPLICABILITY, FILING WITH THE
DEPARTMENT OF STATE AND DEPARTMENT OF
REVENUE; PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. This Board has previously adopted the six cent ($0.06) local option motor
fuel tax pursuant to Section 336.025(1)(a), Florida Statutes.
2. Section 336.025(1 )(b), Florida Statutes (1995), authorizes this Board to levy
an additional two ($0.02) cent local option motor fuel tax upon every gallon of motor fuel
sold in St. Lucie County and taxed under the provisions of Chapter 206, Florida Statutes.
3. The health, safety, and welfare of the residents of St. Lucie County will
benefit from the passage of an ordinance authorizing the levy of an additional two cent
($0.02) local option motor fuel tax to fund, in part, necessary transportation expenditures
within St. Lucie County.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
PART A. ARTICLE IV (LOCAL OPTION IVIOTOR FUEL TAX) OF CHAPTER 1-19.3
(TAXATION) IS HEREBY AMENDED TO READ:
Section 1-19.3-41. Levy of Local Option IVIotor Fuel Tax
(a) Pursuant to Section 336.025, Florida Statutes (1985) as amended by Senate
Bill 313 passed by the 1986 Florida Legislature, a six cent ($0.06) local option motor fuel
tax is imposed upon every gallon of motor fuel and special fuel sold in St. Lucie County
and taxed under the provisions of Chapter 206, Florida Statutes.
(b) Pursuant to Section 336.025(1 )(b), Florida Statutes, as amended by Chapter
97-54, Laws of Florida, an additional two cent ($0.02) local option motor fuel tax is
imposed upon every gallon of motor fuel sold in St. Lucie County and taxed under the
provisions of Part 1 of Chapter 206, Florida Statutes. The revenues received from the
additional two cent ($0.02) local option motor fuel tax may only be utilized for
transportation expenditures nccded to rr'cct the requirements of the capital improvements
element of an adopted comprehensive plan. For purposes of this paragraph,
expenditures for the construction of new roads, or the reconstruction or resurfadng of
existing paved roads shall be deemed to increase capacity and such projects shall be.
included in the capital improvements element of the adopted comprehensive plan.
Expenditures for purposes of this paragraph shall not include routine maintenance of
roads.
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Section 1-19.3-42. Distribution of Local Option Motor Fuel Tax.
(a)
the CL*y ~,~ PoK ~ ~ ' ,,.i.. the iniH.~l ~k,i~i~,n ,.~¢ n.~-,'.--.4~ ~r~,.,~ the t~v for th
a~¥-nrdanr~ ~.~fh fh~ et~f~ ,inn/ fnr~n~ da ~f n, .f in (~r.flnn O. OJ~ no~r4~ I=lnrlrla C~fah
ek~,... ,,~ Prcccc~s
A 40~;CtO/
4'~ ncno/
A~ ~OO/
(ha) All subsequent divisions of tax pro~cds shall be redetermined by the
county on or before July 1 of eachsuc,~,~cding year during the duration of the tax as set
out in Section 1-19.3-43 beginning July 1, 1986. The annual redetermination by the
county of the division of the tax pro~cds shall be based on the transportation
expenditures of the county and all eligible municipalities based on the transportation
expenditures of each for the five (5) fiscal years preceding the year in which the annual
redetermination is made, as a proportion of the total of such expenditures for the county
and all municipalities within the county. The county shall notify the department of
revenue of the results of the county's redetermination of the tax pro~cds by July 1 of the
year the redetermination is made. The annual redetermination shall be effective
beginning September 1 of the year the redetermination is made. Any dispute as to the
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determination by the county of the distribution of the tax proceeds shall be in accordance
with Section 336.025(5)(b), Florida Statutes (1985).
Section 1-19.3-43. Duration of Tax.
The four cent ($.04) local option gas tax originally imposed by this article shall be
effective from September 1, 1985 through August 31, 1987, both dates inclusive. The six
cent ($.06) local option gas tax imposed by this article shall be effective from September
1, 1987 through August 31, 2015, both dates inclusive. The additional two cent ($0.02)
local option motor fuel tax imposed by this article shall be effective from January 1,199R
through August 31, 2015, both dates inclusive. Upon expiration, the tax may be
reimposed provided that a redetermination of the method of distribution is made as
provided in Florida Statutes.
PART B. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property, or circumstance, such holding shall not affect its
applicability to any other person, property, or circumstance.
PART C. FILING WITH THE DEPARTMENT OF STATE.
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.
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PART D, FILING WITH THE DEPARTMENT OF REVENUE,
The County Attorney is hereby directed forthwith to send a certified copy of this
ordinance to the Florida Department of Revenue, 201 Carlton Building, Tallahassee,
Florida, 32301.
PART E, EFFECTIVE DATE,
This ordinance shall take effect upon filing with the Office of Secretary of State.
PART F, ADOPTION,
After motion and second, the vote on this ordinance was by extraordinary vote as
follows:
Chairman Gary D. Charles, Sr. AYE
Vice Chairman Paula/L Lewis AYE
Commissioner Cliff Barnes AYE
Commissioner John D. Bruhn AYE
Commissioner Ken Sattler NAY
PART G. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article",
or other appropriate word and the sections of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Parts B through G shall
not be codified.
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PASSED AND DULY ADOPTED this 17th day of June, 1997.
BOARD OF COUNTY ~
A'I'TEST: ST. LUCIE
APPROVED~S TO FORM AN~
co" ;Tss
/ County
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ROAD IMPACT FEE ADJUSTMENTS
ORDINANCE NO. 97-017
AN ORDINANCE AMENDING ARTICLE III (ROAD IMPACT FEE) OF CHAPTER 1-17
(ROADS AND BRIDGES), OF THE ST. LUClE COUNTY CODE AND COMPILED LAWS,
BY AMENDING SECTION 1-17-29 COMPUTATION OF THE AMOUNT OF ROADS
IMPACT FEE AND REVISING THE FEE SCHEDULES CONTAINED THEREIN IN
ACCORDANCE WITH THE CHANGES IN THE CONSTRUCTION PRICE INDEX AS
DESCRIBED IN SECTION 1-17-39 AND ACCOUNTING FOR THE SCHEDULED 2 CENT
INCREASE IN THE LOCAL GASOLINE TAX, EFFECTIVE JANUARY 1, 1998;
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.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following
determination:
On November 12, 1985, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 85-10, imposing a road impact fee in St. Lucie County.
On November 13, 1989, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 89-66, amending the road impact fee schedule to
reflect revisions to the cost of road construction and right-of-way acquisition.
On February 16, 1993, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 93-002, amending the County's Impact Fee
Regulations, but not altering the Impact Fee schedules.
On June 27, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-012, amending the County's Impact Fee
Regulations, including the impact fee assessment tables but directing that the
impact fee rate revisions not become effective until October 1, 1995.
On June 27, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-038, amending the County's Impact Fee
Regulations approved under Ordinance 95-012, by amending the effective date of
the new Road Impact Fee rates so as to provide for a three (3) year phase-in
period for these new rates beginning January 1, 1996 and carrying through to
January 1, 1998.
The Board of County Commissioners is desirous of amending the Road Impact
Fee schedules contained in Section 1-17-29 of the St. Lucie County Code and
Compiled Laws in accord with the changes in the Construction Price Index and
the method of revision described in Section 1-17-39;
Ordinance #97-017B
Road Impact Fees
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Page l
APPROVED: 09/23/97
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ROAD IMPACT FEE ADJUSTMENTS
On January 2, 1998, St. Lucie County will begin collecting an additional 2 cents
of local option gasoline tax which necessitates a recomputation of the amount of
roads impact fee being assessed in accord with the provisions of Article III,
Chapter 1-17 of the St. Lucie County Code and Compiled Laws
On September 23, 1997, this Board held a public hearing on the proposed
ordinance, after publishing a notice of such hearing in The Tribune and Port St.
Lucie News on September 11, 1997.
The proposed amendments to Article III, Road Impact Fees are 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.
Article Ill, Chapter 1-17-29, of the St. Lucie County Code and Compiled Law is amended to read as follows:
See. ]-17-Z9. Computation of the mount of roads impact fee.
(a) At the option of the fee payer, the amount of the fee may be determined by the following
fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount and =re tc be phasad
ROAD IMPA~ FEE
MA_~
FEE
LAND USE TYPE UNIT OF TRIP -~.PP~OVE~
MEASURE RATE P_~_ P_~..'~'E_ OF JAN~ JAN-%
RESIDENTIAL
SINGLE FAMILY PER UNIT 9,20 ~.~,~,7 2~ ~ ~ 444~
1440
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.60 ~ 44G 434
715
CD
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CJ
t'..D
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Ordinance #97-017B Page 2
Road Impact Fees APPROVED: 09/23/97
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ROAD IMPACT FEE ADJUSTMENTS
ROAD IMPACT FEE
FEE ~.~
~ND USE ~PE UNIT OF TRIP APP~Ot~D
MULTI-FAMILY I & 2 Fire PER UNIT 6.70 ~
1043
MULTI-FAMILY 3+ Fire PER UNIT 3.50 ~
544
HOTE~MOTEL PER ROOM 10.19 ~
BED & BREAKFAST RESIDENCE
(~. ~T,.CLU~, ~.. ~,.*.~ .~..~.C~ =.~ ~,~ u.,~ ~,, .us. *~ ~ PER ROOM 2.00 ~
128
ALL OTHER RESIDENTIAL PER UNIT 6.70 ~
1043
OFFICE & FINANCIAL
MEDICAL OFFICE PER 1000 FT~ 54.60 2~32
2618
FINANCIAL OFFICE PER 1000 FT~ 202.50 2925
~909
OTHER OFFICE <25.000 PER 1000 FT~ 22.16 !072
1066
OTHER OFFICE 25-50.000 PER 1000 FTz 18.58 ~
799
OTHER OFFICE >50,000 PER 1000 FT~ 14.03 ~
669
RETAIL T~DE
UNDER 50,000 FTz PER 1000 FTz 92.00 ~
2018
50,000 - 499,999 FT~ PER 1000 FT~ 50.71 ~
1782
500,000 - 999.999 FT~ PER 1000 FTz 32.09 ~
1407
+ 1.000.000 FT2 PER 1000 FT~ 29.62 ~
1~94
GASOLINE SERVICES
I I I I
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Ordinance #97-017B Page 3
Road Impact Fees APPROVED: 09/23/97
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ROAD IMPA~ FEE
MA~
FEE .~ OF
LAND USE TYPE UNIT OF TRIP APPROVED
MEASURE RATE P_~.T _= P-x.T 5 OF JAN~ JAN.4, JAN-%
INDUSTRIAL
WAREHOUSE PER 1000 FT2 4.86 438 F~3 33,3 ~ 438
436
TRUCK TERMINALS PER 1000 FT2 9.85 -7-6~ 266 266 ~
765
GENERAL INDUSTRIAL PER 1000 FT2 4.11 ~66 -!~ ~ ~ 366
363
INSTITUTIONAL
SCHOOL - ELEM. PER 1000 FT~ 10.72 130~ ~ 4.20 844 4208
1~0~
SCHOOL - MIDDLE/HIGH PER 1000 FT2 10.90 I"3°. ~ ~ ,S.2-8 422.~
1223
DAY CARE CENTERS PER 1000 FT~ 79.62 !575 64.6 ~ 406g*
1566
FRATERNAL ORGANIZATIONS PER 1000 FT~ .31 2-0 4 -1-1- 4.6 20
HOSPITAL PER BED 11.77 1112 ~ ~ ~ 444-2
1106
NURSING HOME PER BED 2.80 2.44 8-1- 8-1- ~ 244
LIBRARY PER 1000 FTz 45.50 ~6 1002 ~ 2-004
2989
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE 1.91 42-7- 4.~ 4.2 86
127
RECREATION FACILITY - ALL TYPES PER 1000 FT2 3.10 L:z0.-1- 6-7- 67- ~ 20-1-
199
GOLF COURSE PER HOLE 37.59 ~77_ 42.4~ ~ 2-484
3705
F...~.
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Ordinance #97-017B Page 4
Road Impact Fees APPROVED: 09/23/97
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ROAD IMPACT FEE
MAINLAND
FEE A~_ OF
LAND USE TYPE UNIT OF TRIP APPROV_cD
MEASURE RATE P~.T=_ p_a.T=_ O.c ~ [ dANJ~
RESIDENTIAL
SINGLE FAMILY PER UNIT 9.20 I~7 463 4-1-30 ~ 444~
'1440
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4..60 ~ ~0 re6~ ~
7'15
MULTI-FAMILY '1 & 2 Firs PER UNIT 6.70 ~.0,..9 ~ ~ 03,3
'1043
MULTI-FAMILY 3+ Firs PER UNIT 3.50 646 64- ~ ~ 646
544
HOTEL/MOTEL PER ROOM '10.'19 ~-7 3. ~ ~
9'12
BI=D & BREAKFAST RESIDENCE
'184
ALL OTHER RESIDENTIAL PER UNIT 6.70 ~0~ 4--1-7- ~ g3,3 4.04.g
'1043
OFFICE & FINANCIAL
MEDICAL OFFICE PER '1000 FT~ 54.60 2-63,3 4 36,36 262.~ 2633
26'18
FINANCIAL OFFICE PER '1000 FT~ 202.50 ~ {~) 3g26 ~
29o9
OTHER OFFICE <25,000 PER '1000 FT'~ 22.'16 ~ 4.63 ~ g0~ -%07-3
'1066
OTHER OFFICE 25-50,000 PER '1000 FT~ '18.58 804 .7-3 66~7- :734- 804-
799
OTHER OFFICE >50,000 PER '1000 FT~ '14.03 67.3 30 ~ 643 6.7-3
669
RETAIL TRADE
UNDER 50,000 FT~ pER '1000 FT~ ~2.00 2029 (~) 2-03~ 303~
20'18
50,000 - 499,999 FT~ PER '1000 FT~ 50.7'1 !792 (~) 47-93. ~
'1782
500,000 - 999,999 FT~ PER '1000 FT~ 32.09 ~.~. ~__. (~) 44-1.6 -1.4-16 4407-
'1407
+ '1,000,000 FT~ pER '1000 FT~ 29.62 ~._.30~ (-0.) ~ 430-1-
'1294
I>
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Ordinance #97-017B Page 5
Road Impact Fees APPROVED: 09/23/97
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ROAD IMPACT FEE
MA~
FEE .~e OF
LAND USE TYPE UNIT OF TRIP .".PPRO".'ED AHH'JAL
MEASURE RATE P~.TE P~.TE OF ~ JAN-~
GASOLINE SERVICES
INDUSTRIAL
WAREHOUSE PER 1000 FT2 4.88 438 (~) ~ 43a.
436
TRUCK TERMINALS PER 1000 FT2 9.85 ~ ~ ~ ~ 7-6,9
765
GENERAL INDUSTRIAL PER 1000 FT= 4.11 366 (g..) 366 36~ 366
INSTITUTIONAL
SCHOOL - ELEM. PER 1000 FT2 10.72 ~.208 ~ 420 a44.
1 ~0;~
SCHOOL - MIDDLE/HIGH PER 1000 FT2 10.90 42.2-9 404- 4.2-,z ~
1223
DAY CARE CENTERS PER 1000 FT~ 79.62 467-6 64.6 ~ ~ 4.6.7-6
1566
FRATERNAL ORGANIZATIONS PER 1000 FT~ .31 2~ 2 46 4~ 20
HOSPITAL PER BED 11.77 ~ 37-1- 37--1- 7-4-1- 44-1-2
1106
NURSING HOME PER BED 2.80 244 8-1- ~,- 4.63 244
LIBRARY PER 1000 FT2 45.50 3006 400,3 4003 2.(N34 3006
2989
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE 1.91 427- 4.,3 43. 86 424
127
RECREATION FACILITY - ALL TYPES PER 1000 FT~ 3.10 20-1- 67- 6~ 434
199
GOLF COURSE PER HOLE 37.59 372~_ ~2~.2 4243 ~
3705
C~
r33
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Ordinance #97~017B Pa~e 6
Road Impact Fees APPROVED: 09/23/97
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ROAD IMPACT FEE ADJUSTMENTS
RO~ IMPACT ~E
NORTH 181~_ND
FEE .a._e OF
LAND USE TYPE UNIT OF TRIP APPP. OV_CD
RESIDENTIAL
SINGLE FAMILY PER UNIT 7.50 ~ (~)
1958
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.60 4-2~4 ~ 44324 ~ 4-2~4
1198
MULTI-FAMILY I & 2 Firs PER UNIT 6.70 !7_~_ (~) 4-7--66 4-7-66 4-7-66
1748
MULTI-FAMILY 3+ Firs PER UNIT 3,50 ~ (~) ~ ~ 94-7-
913
HOTEL/MOTEL PER ROOM 10.19 !525
1518
BED & BREAKFAST RESIDENCE
~OE$ NOT '"CLUOE THE P"1"~4~¥ RESI~NCE =NGt'E FM4J[¥ UNIT F~ "UST ~L~ ~ PER ROOM 2.00 ~
297
ALL OTHER RESIDENTIAL PER UNIT 6.70 ~7~
1748
OFFICE & FINANCIAL
MEDICAL OFFICE PER 1000 FT~ 54.60 ~0~2
~057
FINANCIAL OFFICE PER 1000 FT; 202.50 ~
1176
OTHER OFFICE <25,000 PER ~000 FTz 22.16 ~
430
OTHER OFFICE 25-50,000 PER 1000 FT; ~8.58 ~
323
OTHER OFFICE >50,000 PER 1000 FT: 14.03 ~
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RETAIL T~DE
UNDER 50,000 FT; PER 1000 FT; 92.00 ~
50,000 - 499,999 FT; PER 1000 FT~ 50.71 ~
500,000 - 999,999 FT~ PER 1000 FT; 32.09 ~
62~
+ 1,000,000 FT; PER 1000 FT~ 29.62 ~
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ROAD IMPACT FEE
NORTH IS~ND
FEE ~ O.
LAND USE TYPE UNIT OF TRIP .'?P~O%~-D A~"AL
MEASURE RATE P_x. T5 RATE-OF JA~ JAN-~
GASOLINE SERVICES
INDUSTRIAL
WAREHOUSE PER 1000 FT2 4.88 ~ (0-) ~ 2~O
161
TRUCK TERMINALS PER 1000 FT2 9.85 2~ {~) 4~ 400
287
GENERAL INDUSTRIAL PER 1000 FT2 4.11 438 (0-) 32~ ~ 438
139
INSTITUTIONAL
SCHOOL - ELEM. PER 1000 FT= 10.72 ~ ~ 4~8 ~
SCHOOL - MIDDLE/HIGH PER 1000 FT= 10.90 c~40 ~ 203 3-7-1.
537
DAY CARE CENTERS PER 1000 FT~ 79.62 ~ ~ 2E4 ~
692
FRATERNAL ORGANIZATIONS PER 1000 FT= .31 44 4 4.1. 43 14
HOSPITAL PER BED 11.77 4~3 ~ ~ ~ 483
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NURSING HOME PER BED 2.80 ~ 3~ 3~ 73 400
108
LIBRARY PER 1000 FT2 45.50 !32~ 444 444 8~3 4324
1316
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE 1.91 c~3 4~ 4~ 30
RECREATION FACILITY - ALL TYPES PER 1000 FTz 3.10 gO 3~ 30 30
90
GOLF COURSE PER HOLE 37.59 4c~43 ~1~ ce48 408~
1635
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RO~ IMPACT FEE
FT. PIERCE IS~
FEE .~ ~F
LAND USE TYPE UNIT OF TRIP .~_=PRO%~_D AHH'J.~.L
MEASURE RATE PJ~.T _= P~- .T-= OF ~ ~ JAN-l,
RESIDENTIAL
SINGLE FAMILY PER UNIT 7.50 1291 -14-7: ~ 4444* 4364
1251
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.60 7-7-6 04 r~g,3 6~ 7-7-6
MULTI-FAMILY 1 & 2 Firs PER UNIT 6.70 !!29 ~ ~ ~ ~
1120
MULTI-FAMILY 3+ Firs PER UNIT 3.50 68~ 6,z 4~3 648 ~
581
HOTEL/MOTEL PER ROOM 10.19 ~ ~6 ~ ~ ~
973
BED & BREAKFAST RESIDENCE
~oEs .OT ,.cLu~ ~.E ..,UA.~.E=~NCE. S,HGLE F*U,t~ U.,, FEE ~,US~ ,~SO BE PER ROOM 2.00 4-80 63 63 426 ~
188
ALL OTHER RESIDENTIAL PER UNIT 6.70 ! !29 ~ 82-7- 07-8 443g
1020
OFFICE & FINANCIAL
MEDICAL OFFICE PER 1000 FT2 54.60 3~4 4~ 360 ~ ~
391
FINANCIAL OFFICE PER 1000 FT~ 202.50 444 (~) 444 444 444
441
OTHER OFFICE <25,000 PER 1000 FT2 22.16 ~ 2.8 4.0~ -146 ~
162
OTHER OFFICE 25-50,000 PER 1000 FT2 18.58 4-24 4~ 04 ~ 4-24
OTHER OFFICE >50,000 PER 1000 FT2 14.03 ~g ~: 86 03. gO
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RETAIL TRADE
UNDER 50,000 FT2 PER 1000 FT2 92.00 ~ (43) ~ ~ 336
50,000 - 499,999 FT2 PER 1000 FTz 50.71 24a6 (-g-) ~ 206 ~
293
500,000 - 999,999 FT2 PER 1000 FT2 32.09 234 ~ 2.34 2-.34- 234-
+ 1,000,000 FT2 PER 1000 FT2 29.62 ~ (43-) ~ 247- 249-
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ROAD IMPACT FEE
1~. PIERCE ISLAND
FEE ~ ~F
LAND USE TYPE UNIT OF TRIP .~.PPRO"!_=D
GASOLINE SERVICES
INDUSTRIAL
WAREHOUSE PER 1000 FT= 4.88 6~ 2 36 60
61
TRUCK TERMINALS PER 1000 FT2 9.85 4~g 36 36 7-3
108
GENERAL INDUSTRIAL PER 1000 FT2 4.11 4~ (~) 49 4~ 4~
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INSTITUTIONAL
SCHOOL - ELEM. PER 1000 FT2 10.72 497 64 69 433
196
SCHOOL - MIDDLE/HIGH PER 1000 FT= 10.90 20~ 66 7~ 4,36 304
19_~9
DAY CARE CENTERS PER 1000 FT= 79.62 26~ ~4 89 47-4
256
FRATERNAL ORGANIZATIONS PER 1000 FT2 .31 4 · 2 3 4
HOSPITAL PER BED 11.77 ~ 64- ~1- 4.23
NURSING HOME PER BED 2.80 39, 43 43 26 39
38
LIBRARY PER 1000 FT= 45.50 41~ 4.66 4.66 3,34.
494
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE 1,91 23 8 8 4.6 2.3
RECREATION FACILITY - ALL TYPES PER 1000 FT2 3.10 31 4~ 10 24 34
3__1
GOLF COURSE PER HOLE 37.59 617 2~6 206 444 647
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ROAD IMPACT FEE
SOUTH IS~
FEE .~ OF
LAND USE TYPE UNIT OF TRIP APPROYZ:D
MEASURE RATE P_~.T _ P-~.Tc- OF 4AN~ ,lAN-l, dAN-%
RESIDENTIAL
SINGLE FAMILY PER UNIT 7.50 2~.eO (O) Z180 2480 24.80
2170
MOBILE HOME/RV (MHP/RV Park Only) PER UNIT 4.60 ~.33: (0-) ~ ~
1328
MULTI-FAMILY 1 & 2 Firs PER UNIT 6.70 ~?.5 (4.) ~ 4.84~ 4846
1936
MULTI-FAMILY :3+ Firs PER UNIT 3.50 ~.O~ (O*.) 404-8 4048
1013
HOTEL/MOTEL PER ROOM 10.19 ~ ~.~3 (.O) 4463 44.6~
BED & BREAKFAST RESIDENCE
~,s.o, ,,¢LUZ~E T.E ~',,.,V,~,,~ ,,,~,^.,~ U.,, ~ ,,~,~, ~_.o ~ PER ROOM 2.00 ~ 7-6 7-6 ~ 227
ASSESSED FOR THE aE~DENTIAL PORTION O~: USE)
226
ALL OTHER RESIDENTIAL PER UNIT 6.70 ~.5 (4~) 4.84~ ~
1936
OFFICE & FINANCIAL
MEDICAL OFFICE PER 1000 FT~ 54.60 0~0 {*O) ~ ~ 8,30
925
FINANCIAL OFFICE PER 1000 FT~ 202.50 4030 (O) 4.0~0 4.0~0
1025
OTHER OFFICE <25,000 PER 1000 FTz 22.16 ~ (0-) ~ ~
377
OTHER OFFICE 25-50,000 PER 1000 FT~ 16.58 *,28,9. (~) ~ ~
OTHER OFFICE >50,000 PER 1000 FT~ 14.03 2.44 (-O.) 2.44* 2-44 2.4-1-
240
RETAIL TRADE
UNDER 50,000 FT~ PER 1000 FT~ 92.00 ~ (O.) ~ ~ .:7-75
774
50,000 - 499.999 FT~ PER 1000 FT~ 50.71 680 (O.) 68~ 68~
686
500,000 - 999,999 FTz PER 1000 FT~ 32.03 646 (0.) 646 646 646
543
+ 1,000,000 FT~ PER 1000 FTz 29.62 ~ (*O) 603 ~
501
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ROAD IMPACT FEE
SOUTH ISLAND
LAND USE TYPE UNIT OF TRIP APPRO"!ED
MEASURE RATE P~.T E. P-~.*T. -
GASOLINE SERVICES
INDUSTRIAL
WAREHOUSE PER 1000 FT2 4.88
13~4
TRUCK TERMINALS PER 1000 FT2 9.85 262 84 il4 46~ 2~
251
GENERAL INDUSTRIAL PER 1000 FT2 4.11
120
INSTITUTIONAL
SCHOOL - ELEM. PER 1000 FT2 10.72
457
SCHOOL - MIDDLE/HIGH PER 1000 FT~ 10.90
DAY CARE CENTERS PER 1000 FT2 79.62 60~ ~ 260 4~6 603
600
FRATERNAL ORGANIZATIONS PER 1000 FT2 .31 4 (~) 4 4 4
HOSPITAL PER BED 11.77 424 ~ ~ 2~ 424
NURSING HOME PER BED 2.80
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LIBRARY PER 1000 FT2 45.50
1149
RECREATIONAL
PARK (CITY/COUNTY/STATE) PER ACRE 1.91 43: 4~ 46 34 4~-
47
RECREATION FACILITY - ALL TYPES PER 1000 FT2 3.10
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GOLF COURSE PER HOLE 37.59
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If a building is requested for mixed uses, then the fee shall be determined through using the
above schedule by apportioning the space committed to uses specified on the schedule.
(b) If the type of development activity for which a building permit is applied is not specified on
the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable
type of land development on the above fee schedule. The county administrator shall be guided in the
selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of
Transportation Engineers (ITE) traffic generation statistics. If the county administrator determines that there
is no comparable type of land use on the above fee schedule, then the county administrator shall determine
the fee by:
using traffic generation statistics contained in latest edition of the Institute of Transportation
Engineers "Trip Generation: An Information Report," or trip generation statistics supplied
and certified by a registered Florida professional engineer, and
using for average trip length the average trip length of all average trip lengths for the
applicable land use type as set out in this article (i.e., residential, office and financial,
industrial, recreational, institutional, retail) that were used in calculating the above fee
schedule, and
using as a per cent new trips the average per cent new trips for the applicable land use
type (i.e., residential, office and financial, industrial, recreational, institutional, retail) that
were used in calculating the above fee schedule, and
4. applying the formula set forth in section 1-17-19(c) hereof, and
The county administrator shall determine the applicable land use type.
In the case of a change of use, redevelopment, or modification of an existing use which requires
the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or
zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the
new use as compared to the previous use. The county administrator shall be guided in this determination
by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic
generation statistics.
(c) If the feepayer shall opt not to have the impact fee determined according to paragraph (a)
of this section, then the fee shall be determined by the county administrator based upon the traffic
generation rates determined by an Independent Traffic Study (ITS), defined in section 1-17-35 of this article,
prepared by the feepayer and submitted to the county administrator or his designee.
The following formula shall be used by the county administrator or his designee to determine the
impact fee per unit:
Attributable travel = (Trip rate x Trip length)/2 x % New Trips
New land miles = Attributable travel/Lane capacity
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Construction cost = New land miles x Construction cost per lane mile
Right-of-way cost = New land miles x Right-of-way cost per lane mile
Total cost = Construction cost + Right-of-way cost
Net cost = Total cost - Credits
Impact fee = Net cost - Discount
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 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 throughout St. Lucie County's jurisdiction, including the incorporated
areas even in the absence of interlocal agreements with the affected municipalities.
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 G.
EFFECTIVE DATE OF THIS ORDINANCE.
The Ordinance shall take effect January 1, 1998.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Gary D. Charles, Sr. AYE
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Vice-Chairman Paula Lewis
AYE
Commissioner Ken Sattler
Commissioner Cliff Barnes
AYE
Commissioner John Bruhn
AYE
PART I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, 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 I shall not be codified.
PASSED AND DULY ENACTED this 23rd day of September, 1997.
BOARD OF COUNTY COMMI,~
ST. LUCIE COUNTY, FLORIDA
ATTEST:
~'/o~-CHAIRMA~ /
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ORDINANCE NO. 97-18
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO ST. LUCIE COUNTY AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms
shall have the following meanings, unless the context clearly otherwise requires:
"Clerk" shall mean the clerk to the Board of County Commissioners for St. Lucie
County, Florida.
"County" shall mean St. Lucie County, Florida.
"County Fiscal Year" shall mean the period beginning on October 1 and ending on the
next ensuing September 30.
"County Rights-of-Way" shall mean those easements and fights-of-way used or obtained
for use for a road, street, alley, utility, bridge, or other public way on the County Road System,
and such other lands available for public use.
"County Road System" shall mean the road system of the County, as defined in Chapter
334, Florida Statutes, or its statutory successor in function.
JUL - 2 199' 1
O
"Electric Facilities" shall mean all structures of personal property used by Florida Power
& Light Company in generating, distributing or transmitting electricity placed on or within
County Rights-of-Way, including but not limited to the following: transmission lines, poles, signs,
wires, conduits, and fences, and electric power generation facilities or other structures.
"Electric Franchise" shall mean the five year, non-exclusive franchise granted by this
Ordinance in Section 2.01 of this Ordinance to FP&L to use County Rights-of-Way in the
unincorporated areas of the County to operate its Electric Utility.
"Electric Utility" shall mean any municipal electric utility, investor-owned electric utility,
or rural electric cooperative which owns, maintains, uses or operates an electric generation,
transmission, or distribution system within the unincorporated areas of the County, and any New
Electric Utility.
"Electric Utility Franchise Fee" shall mean the fee imposed on FP&L in Section 2.05
of this Ordinance for the following purposes: (A) consideration for the franchise granted in this
Ordinance to use and occupy the County Rights-of-Way for the construction, location or
relocation of FP&L's Electric Facilities; (B) fair rental return on FP&L's use of public property;
and (C) payment of the cost of regulating the County Rights-of-Way and protecting the public
in the use and occupancy of such County Rights-of-Way.
"Electric Utility Wheeling Event" shall mean any circumstances under which the
Electric Facilities of any Electric Utility are used by another entity in any manner to generate,
transmit, distribute, or otherwise sell electric energy directly to an end use customer located in
the unincorporated areas of the County.
"Expenses Reimbursement" shall mean the amount further described in Section 3.04 of
this Ordinance which represents an amount of the Electric Utility Franchise Fee which FP&L
may retain in recognition of the expenses it will incur in collecting and transmitting the Electric
Utility Franchise Fee to the County.
"FP&L" shall mean the Florida Power & Light Company, and its successors or assigns,
which operates as an Electric Utility in the unincorporated areas of the County.
"Gross Revenues" shall mean those revenues received by FP&L from the retail sale of
electricity to customers in the unincorporated areas of the County. This term shall not include any
revenues which result from FP&L's collection of other fees, taxes, or surcharges above the
amount charged for the retail sale of electricity.
"Monthly Certification Date" shall mean the date no later than the 15th day of each
month as further described in Section 2.05 of this Ordinance.
"Monthly Payment Date" shall mean the date no later than the 30th day of each month
as further described in Section 2.05 of this Ordinance.
"New Electric Utility" shall mean any person or entity that commences the sale,
generation, distribution or transmission of electricity to customers within the unincorporated areas
of the County after the effective date of this Ordinance by owning, operating, or maintaining
Electric Facilities, or by using Electric Facilities owned, used or maintained by others, through
an Electric Wheeling Event or for any other reason.
"Ordinance" shall mean this County ordinance granting to FP&L an Electric Franchise,
as amended from time to time.
ARTICLE II
GRANT OF FRANCHISE
SECTION 2.01. ELECTRIC UTILITY FRANCHISE. The County hereby grants to
FP&L for the period of five years from the effective date of this Ordinance, a non-exclusive
Electric Franchise to construct, operate and maintain in, under, upon, along, over and across the
present and future County Rights-of-Way and County Road System, FP&L's Electric Facilities,
for the purpose of supplying electricity and other services related to the supply of electricity to
customers in the unincorporated areas of the County.
SECTION 2.02. USE OF RIGHTS-OF-WAY. FP&L's facilities shall be installed,
located or relocated so as not to unreasonably interfere with traffic over the County Rights-of-
Way or with reasonable egress from or ingress to abutting property. To avoid conflicts with
traffic, the location or relocation of all Electric Facilities shall be made as representatives of the
County may prescribe in accordance with reasonable rules and regulations with reference to the
placing and maintaining of Electric Facilities in County Rights-of-Way; provided, however, that
such rules and regulations shall not prohibit FP&L's use of the County Rights-of-Way or
unreasonably interfere with FP&L's ability to furnish reasonably sufficient, adequate and efficient
electric service to all of its customers. When any portion of a street is excavated by FP&L in
the location or relocation of any of its facilities, the portion of the street so excavated shall within
a reasonable time be placed by FP&L at its expense and in as good condition as it was at the
time of such excavation.
SECTION 2.03. NO COUNTY LIABILITY. The County shall not be liable to FP&L
for any cost or expense in connection with the construction, reconstruction, repair or relocation
of its Electric Facilities made necessary by the widening, grading, Paving or otherwise improving
by the County of any road, street, alleyway or other public improvement within the County
Rights-of-Way.
SECTION 2.04. INDEMNIFICATION. The County shall not be liable or responsible
for any accident or damage that may occur in the construction, location or relocation or operation
and maintenance by FP&L of its Electric Facilities on or within the County Rights-of-Way and
FP&L as a condition of accepting this Electric Utility Franchise shall be deemed to have agreed
to indemnify and hold harmless the County from any and all liability, loss, cost damage or
expense which may accrue to the County by reason of the neglect, default or misconduct of
FP&L in the construction, location or relocation or operation and maintenance of its Electhc
Facilities within the County Rights-of-Way.
SECTION 2.05. ELECTRIC UTILITY FRANCHISE FEE.
(A) As consideration for this franchise, FP&L shall pay to the County an Electric
Utility Franchise Fee each month. FP&L shall certify to the Clerk the amount of the Electric
Utility Franchise Fee to be paid by the Monthly Certification Date for the monthly billing cycle
that begins two months prior to that Monthly Certification Date. FP&L shall pay that certificated
amount to the Clerk no later than the Monthly Payment Date. FP&L shall calculate its Electric
Utility Franchise Fee Certification and payment at the following rate: six percent (6%) of the
Gross Revenues received from customers in the unincorporated areas of the County at the close
of the monthly billing cycle beginning two months prior to the Monthly Certification Date.
(B) Nothing contained herein shall be construed to be a limitation on the assessment
and collection of valid taxes, special assessments, licenses, fees, charges or other impositions by
the County or other public or governmental body on FP&L regardless of the payment of the
Electric Utility Franchise Fee imposed by this Section of this Ordinance, unless otherwise
expressly provided by this Ordinance, as amended from time-to-time.
SECTION 2.06. COLLECTION OF ELECTRIC UTILITY FRANCHISE FEES
FROM CUSTOMERS. FP&L shall collect the Electric Utility Franchise Fee uniformly from
all FP&L customers in its service area in the unincorporated areas of the County and as a
separately stated item on the customers' bills, labeled "Electric Utility Franchise Fee - 6%". As
reimbursement for expenses incurred in collecting and transmitting the Electric Utility Franchise
Fee to the County, each Electric Utility shall be permitted to retain one-half of one percent (.5%)
of the monthly installment of the Electric Utility Franchise Fee as an Expenses Reimbursement.
SECTION 2.07. RIGHTS TO CURE.
(A) If the County grants a franchise to any other Electric Utility or otherwise enables
any other person to construct, operate or maintain Electric Facilities in the unincorporated areas
of the County or compete on terms and conditions which FP&L considers more favorable than
the privileges and conditions contained in this Ordinance, FP&L shall deliver to the Clerk written
notice of the terms and conditions that it considers more favorable. Upon such delivery, the
County shall then have 120 days in which to correct or otherwise remedy the terms and
conditions identified bY FP&L. If such terms or conditions are not remedied by the County
within said 120 days, FP&L may withhold payment of the Electric Utility Franchise Fee by
delivering written notice to the Clerk until such time as a court of competent jurisdiction has
resolved the dispute or other adjudicatory body, as mutually agreed to by the parties, has resolved
the dispute.
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(B) If, as a direct or indirect consequence of a legislative, regulatory or other action
of the United States of America or the State of Florida, or any department, agency, authority,
instrumentality, or political subdivision of either of them, any New Electric Utility is permitted
to operate within the unincorporated areas of the County and provide electricity to a customer
then being served by FP&L in a manner that avoids the obligation to pay the County for the use
of County Rights-of-Way and FP&L determines that its obligations under this Ordinance, in
respect to rates and service, place it at a competitive disadvantage with respect to such other
person, FP&L shall deliver to the Clerk written notice identifying such actions which resulted in
the competitive disadvantage. The County shall then have 180 days in which to correct or
otherwise remedy the competitive disadvantage. If such competitive disadvantage does not
remedy by the County within said 180 days, FP&L may withhold payment of the Electric Utility
Franchise Fee by delivering written notice to the Clerk until such time as a court of competent
jurisdiction has resolved the dispute or other adjudicatory body, as mutually agreed to by the
parties, has resolved the dispute. Said right to withhold payment under this subsection shall not
be effective until the close of the County Fiscal Year in which the 180 day right to cure period
ends.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. AUTHORITY. This Ordinance is adopted under the power of self
government of counties not operating under a charter authorized under Article VIH, Section (1)(f),
Florida Constitution and Section 125.01(1), Florida Statutes. The Electric Franchise awarded to
FP&L under Section 2.01 of this Ordinance is pursuant to the grant of the power of self-
7
government to counties and not pursuant to the additional statutory authority of section 125.42,
Florida Statutes.
SECTION 3.02. DECLARATION NOT TO COMPETE. As a further consideration,
during the term of this franchise or any extension thereof, the County agrees (a) not to engage
in the distribution and/or sale, in competition with FP&L, of capacity and/or energy to any
ultimate retail costumer of electric utility service or to any electrical distribution system
established solely to serve any ultimate consumer formerly served by FP&L, and (b) not to itself
distribute, or seek to have FP&L transmit and/or distribute, electric capacity and/or energy
generated by or on behalf of the County at one location to the County's or any other retail
customer's facilities at any other location(s).
SECTION 3.03. EXAMINATION OF BOOKS AND RECORDS. The County may
at its option and its expense and upon reasonable notice to FP&L, at any time within ninety (90)
days after each anniversary date of the effective date of this Ordinance examine the records of
operation and accounting files, books, and records, as such records relate to the calculation of the
Electric Utility Franchise Fee payments to the County, as provided herein. The examination of
such books, accounts, or records, or other materials necessary for the determination of compliance
with the terms, provisions, or requirements of this franchise shall be during regular hours of
business of FP&L and at its corporate offices. The County specifically reserves the fight to
conduct such audit by any third party employed by the County, whose fee for conducting such
audit may be contingent on the findings of the audit.
SECTION 3.04. NEW ELECTRIC UTILITIES. Any New Electric Utility or other
person who is permitted, for whatever reason, to provide electric service in the County and uses
8
County Rights-of-Way, including but not limited to Electric Utility Wheeling Events, in providing
that service shall be subject to similar conditions and fees as described in this franchise either
through a franchise agreement or by County ordinance. In all events, the County shall not grant
more favorable treatment to New Electric Utilities than is granted to FP&L under this franchise.
The intent of both FP&L and the County is that no New Electric Utility which provides electric
service, whether sale, generation, transmission or distribution, to customers within the
unincorporated areas of the County shall be given a competitive advantage over FP&L by the
County.
SECTION 3.05. FORFEITURE. Failure on the part of FP&L to comply in any
substantial respect with any of the provisions of this franchise shall be grounds for forfeiture,
but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by
FP&L until there is final determination, after the expiration or exhausting of all rights of appeal,
by a court of competent jurisdiction, that FP&L has failed to comply in a substantial respect with
any of the provisions of this franchise, and FP&L shall have six months after such final
determination to make good the default before a forfeiture shall occur. The County reserves the
right, in its discretion, to grant such additional time to FP&L for compliance as necessities in the
case require.
SECTION 3.06. ACCEPTANCE AND EFFECTIVE DATE. As a condition precedent
to the effectiveness of this franchise, FP&L shall file within 60 days of adoption hereof, this
written acceptance of this franchise with the Clerk. The effective date of this franchise shall be
the date upon which FP&L files such acceptance.
DULY ENACTED in regular session, this 17th day of June, 1997.
.~ . .... ., ~onuuo~cotr~n~co~s~o~us
ATTEST- i~' . ST. LUCIE COUNTY, ~,L~0!~mA '
Deputy Cle~ ~ Cha~rm~ ~ ,~ ',
lO
ORDINANCE NO. 97-19
AN ORDINANCE GRANTING TO FORT PIERCE
UTILITIES AUTHORITY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO ST. LUCIE COUNTY AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. When used in this Ordinance, the following terms
shall have the following meanings, unless the context clearly otherwise requires:
"Clerk" shall mean the. clerk to the Board of County Commissioners for St. Lucie
County, Florida.
"County" shall mean St. Lucie County, Florida.
"County Fiscal Year" shall mean the period beginning on October 1 and ending on the
next ensuing September 30.
"County Rights-of-Way" shall mean those easements and rights-of-way used or obtained
for use for a road, street, alley, utility, bridge, or other public way on the County Road System,
and such other lands available for public use.
"County Road System" shall mean the road system of the County, as defined in Chapter
334, Florida Statutes, or its statutory successor in function.
"Electric Facilities" shall mean all structures of personal property used by Fort Pierce
Utilities Authority in generating, distributing or transmitting electricity placed on or within
County Rights-of-Way, including but not limited to the following: transmission lines, poles, signs,
wires, conduits, and fences, and electric power generation facilities or other structures.
"Electric Franchise" shall mean the five year, non-exclusive franchise granted by this
Ordinance in Section 2.01 of this Ordinance to FPUA to use County Rights-of-Way in the
unincorporated areas of the County to operate its Electric Utility.
"Electric Utility" shall mean any municipal electric utility, investor-owned electric utility,
or rural electric cooperative which owns, maintains, uses or operates an electric generation,
transmission, or distribution system within the unincorporated areas of the County, and any New
Electric Utility.
"Electric Utility Franchise Fee" shall mean the fee imposed on FPUA in Section 2.05
of this Ordinance for the following purposes: (A) consideration for the franchise granted in this
Ordinance to use and occupy the County Rights-of-Way for the construction, location or
relocation of FPUA's Electric Facilities; (B) fair rental return on FPUA's use of public property;
and (C) payment of the cost of regulating the County Rights-of-Way and protecting the public
in the use and occupancy of such County Rights-of-Way.
"Electric Utility Wheeling Event" shall mean any circumstances under which the
Electric Facilities of any Electric Utility are used by another entity in any manner to generate,
transmit, distribute, or otherwise sell electric energy directly to an end use customer located in
the unincorporated areas of the County.
2
"Expenses Reimbursement" shall mean the amount further described in Section 3.04 of
this Ordinance which represents an amount of the Electric Utility Franchise Fee which FPUA
may retain in recognition of the expenses it will incur in collecting and transmitting the Electric
Utility Franchise Fee to the County.
"FPUA" shall mean the Fort Pierce Utilities Authority, and its successors or assigns,
which operates as an Electric Utility in the unincorporated areas of the County.
"Gross Revenues" shall mean those revenues received by FPUA from the retail sale of
electricity to customers in the unincorporated areas of the County. This term shall not include any
revenues which result from FPUA's collection of other fees, taxes, or surcharges above the
amount charged for the retail sale of electricity.
"Monthly Certification Date" shall mean the date no later than the 1Sth day of each
month as further described in Section 2.05 of this Ordinance.
"Monthly Payment Date" shall mean the date no later than the 30th day of each month
as further described in Section 2.05 of this Ordinance.
"New Electric Utility" shall mean any person or entity that commences the sale,
generation, distribution or transmission of electricity to customers within the unincorporated areas
of the County after the effective date of this Ordinance by owning, operating, or maintaining
Electric Facilities, or by using Electric Facilities owned, used or maintained by others, through
an Electric Wheeling Event or for any other reason.
"Ordinance" shall mean this County ordinance granting to FPUA an Electric Franchise,
as amended.
ARTICLE II
GRANT OF FRANCHISE
SECTION 2.01. ELECTRIC UTILITY FRANCHISE. The County hereby grants to
FPUA for the period of five years from the effective date of this Ordinance, a non-exclusive
Electric Franchise to construct, operate and maintain in, under, upon, along, over and across the
present and future County Rights-of-Way and County Road System, FPUA's Electric Facilities,
for the purpose of supplying electricity and other services related to the supply of electricity to
customers in the unincorporated areas of the County.
SECTION 2.02. USE OF RIGHTS-OF-WAY. FPUA's facilities shall be installed,
located or relocated so as not to unreasonably interfere with traffic over the County Rights-of-
Way or with reasonable egress from or ingress to abutting property. To avoid conflicts with
traffic, the location or relocation of all Electric Facilities shall be made as representatives of the
County may prescribe in accordance with reasonable rules and regulations with reference to the
placing and maintaining of Electric Facilities in County Rights-of-Way; provided, however, that
such rules and regulations shall not prohibit FPUA's use of the County Rights-of-Way or
unreasonably interfere with FPUA's ability to furnish reasonably sufficient, adequate and efficient
electric service to all of its customers. When any portion of a street is excavated by FPUA in
the location or relocation of any of its facilities, the portion of the street so excavated shall within
a reasonable time be placed by FPUA at its expense and in as good condition as it was at the
time of such excavation.
SECTION 2.03. NO COUNTY LIABILITY. The County shall not be liable to FPUA
for any cost or expense in connection with the construction, reconstruction, repair or relocation
4
of its Electric Facilities made necessary by the widening, grading, paving or otherwise improving
by the County of any road, street, alleyway or other public improvement within the County
Rights-of-Way.
SECTION 2.04. INDEMNIFICATION. The County shall not be liable or responsible
for any accident or damage that may occur in the construction, location or relocation or operation
and maintenance by FPUA of its. Electric Facilities on or within the County Rights-of-Way and
FPUA as a condition of accepting this Electric Utility Franchise shall be deemed to have agreed
to indemnify and hold harmless the County from any and all liability, loss, cost damage or
expense which may accrue to the County by reason of the neglect, default or misconduct of
FPUA in the construction, location or relocation or operation and maintenance of its Electric
Facilities within the County Rights-of-Way.
SECTION 2.05. ELECTRIC UTILITY FRANCHISE FEE.
(A) As consideration for this franchise, FPUA shall pay to the County an Electric
Utility Franchise Fee each month. FPUA shall certify to the Clerk the amount of the Electric
Utility Franchise Fee to be paid by the Monthly Certification Date for the monthly billing cycle
that begins two months prior to that Monthly Certification Date. FPUA shall pay that certificated
amount to the Clerk no later than the Monthly Payment Date. FPUA shall calculate its Electric
Utility Franchise Fee Certification and payment at the following rate: six percent (6%) of the
Gross Revenues received from customers in the unincorporated areas of the County at the close
of the monthly billing cycle beginning two months prior to the Monthly Certification Date.
(B) Nothing contained herein shall be construed to be a limitation on the assessment
and collection of valid taxes, special assessments, licenses, fees, charges or other impositions by
the County or other public or govemmental body on FPUA regardless of the payment of the
Electric Utility Franchise Fee imposed by this Section of this Ordinance, unless otherwise
expressly provided by this Ordinance, as amended from time-to-time.
SECTION 2.06. COLLECTION OF ELECTRIC UTILITY FRANCHISE FEES
FROM CUSTOMERS. FPUA shall collect the Electric Utility Franchise Fee uniformly from
all FPUA customers in its service area in the unincorporated area of the County and as a
separately stated item on the customers' bills, labeled "Electric Utility Franchise Fee - 6%". As
reimbursement for expenses incurred in collecting and transmitting the Electric Utility Franchise
Fee to the County, each Electric Utility shall be permitted to retain one-half of one percent (.5%)
of the monthly installment of the Electric Utility Franchise Fee as an Expenses Reimbursement.
SECTION 2.07. RIGHTS TO CURE.
(A) If the County grants a franchise to any other Electric Utility or otherwise enables
any other person to construct, operate or maintain Electric Facilities in the unincorporated areas
of the County or compete on terms and conditions which FPUA considers more favorable than
the privileges and conditions contained in this Ordinance, FPUA shall deliver to the Clerk written
notice of the terms and conditions that it considers more favorable. Upon such delivery, the
County shall then have 120 days in which to correct or otherwise remedy the terms and
conditions identified by FPUA. If such terms or conditions are not remedied by the County
within said 120 days, FPUA may withhold payment of the Electric Utility Franchise Fee by
delivering written notice to the Clerk until such time as a court of competent jurisdiction has
resolved the dispute or other adjudicatory body, as mutually agreed to by the parties, has resolved
the dispute.
6
(B) If, as a direct or indirect consequence of a legislative, regulatory or other action
of the United States of America or the State of Florida, or any department, agency, authority,
instrumentality, or political subdivision of either of them, any New Electric Utility is permitted
to operate within the unincorporated areas of the County and provide electricity to a customer
then being served by FPUA in a manner that avoids the obligation to pay the County for the use
of County Rights-of-Way and FPUA determines that its obligations under this Ordinance, in
respect to rates and service, place it at a competitive disadvantage with respect to such other
person, FPUA shall deliver to the Clerk written notice identifying such actions which resulted
in the competitive disadvantage. The County shall then have 180 days in which to correct or
otherwise remedy the competitive disadvantage. If such competitive disadvantage does not
remedy by the County within said 180 days, FPUA may withhold payment of the Electric Utility
Franchise Fee by delivering written notice to the Clerk until such time as a court of competent
jurisdiction has resolved the dispute or other adjudicatory body, as mutually agreed to by the
parties, has resolved the dispute. Said right to withhold payment under this subsection shall not
be effective until the close of the County Fiscal Year in which the 180 day right to cure period
ends.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01. AUTHORITY. This Ordinance is adopted under the power of self
government of counties not operating under a charter authorized under Article VHI, Section (1)(f),
Florida Constitution and Section 125.01(1), Florida Statutes. The Electric Franchise awarded to
FPUA under Section 2.01 of this Ordinance is pursuant to the grant of the power of self-
7
government to counties and not pursuant to the additional statutory authority of section 125.42,
Florida Statutes.
SECTION 3.02. DECLARATION NOT TO COMPETE. As a further consideration,
during the term of this franchise or any extension thereof, the County agrees (a) not to engage
in the distribution and/or sale, in competition with FPUA of capacity and/or energy to any
ultimate retail costumer of electric utility service or to any electrical distribution system
established solely to serve any ultimate consumer formerly served by FPUA, and (b) not to itself
distribute, or seek to have FPUA transmit and/or distribute, electric capacity and/or energy
generated by or on behalf of the County at one location to the County's or any other retail
customer's facilities at any other location(s).
SECTION 3.03. EXAMINATION OF BOOKS AND RECORDS. The County may
at its option and its expense and upon reasonable notice to FPUA, at any time within ninety (90)
days after each anniversary date of the effective date of this Ordinance examine the records of
operation and accounting files, books, and records, as such records relate to the calculation of the
Electric Utility Franchise Fee payments to the County, as provided herein. The examination of
such books, accounts, or records, or other materials necessary for the determination of compliance
with the terms, provisions, or requirements of this franchise shall be during regular hours of
business of FPUA and at its corporate offices. The County specifically reserves the right to
conduct such audit by any third party employed by the County, whose fee for conducting such
audit may be contingent on the findings of the audit.
SECTION 3.04. NEW ELECTRIC UTILITIES. Any New Electric Utility or other
person who is permitted, for whatever reason, to provide electric service in the County and uses
8
County Rights-of-Way, including but not limited to Electric Utility Wheeling Events, in providing
that service shall be subject to similar conditions and fees as described in this franchise either
through a franchise agreement or by County ordinance. In all events, the County shall not grant
more favorable treatment to New Electric Utilities than is granted to FPUA under this franchise.
The intent of both FPUA and the County is that no New Electric Utility which provides electric
service, whether sale, generation, transmission or distribution, to customers within the
unincorporated areas of the County shall be given a competitive advantage over FPUA by the
County.
SECTION 3.0S. FORFEITURE. Failure on the part of FPUA to comply in any
substantial respect with any of the provisions of this franchise shall be grounds for forfeiture, but
no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by
FPUA until there is final determination, after the expiration or exhausting of all rights of appeal,
by a court of competent jurisdiction, that FPUA has failed to comply in a substantial respect with
any of the provisions of this franchise, and FPUA shall have six months after suer final
determination to make good the default before a forfeiture shall occur. The County reserves the
right, in its discretion, to grant such additional time to FPUA for compliance as necessities in the
case require.
SECTION 3.06. ACCEPTANCE AND EFFECTIVE DATE. As a condition precedent
to the effectiveness of this franchise, FPUA shall file within 60 days of adoption hereof, this
written acceptance of this franchise with the Clerk. The effective date of this franchise shall be
the date upon which FPUA files such acceptance.
DULY ENACTED in regular session, this 17th day of June, 1997.
9
~?.~'---- ~ BOA_RD OF COUNTY CO~IW1]S~IoNERs.~
· ~ ~_ ~ ST. LUCIE CO~,.~OR~A
A~EST. ~ , ~' ;~ ~: ~ ~
~J~~~ ~PROV~ AS To FO~ AND
10
'.'JoA~fie Holman, Cler} f the CircUit.Court
File Number: 156~503 OR BOOK
Recorded: 07-29-97 09:00 A.M.
- St.
1090
ORDINANCE NO. 97-20
.cie County
PAGE 0584
AN ORDINANCE AMENDING CHAPTER 1-13.5 "MUNICIPAL SERVICE
TAXING OR BENEFIT UNITS" OF THE CODE OF ORDINANCES OF ST.
LUCIE COUNTY, FLORIDA, BY: AMENDING SECTION 1-13.5-5(d) TO
PROVIDE THAT PROPERTY OWNERS MAY REMOVE THEIR NAMES
FROM PETITIONS ANYTIME UP TO THE INITIAL PUBLIC HEARING;
AMENDING SECTION 1-13.5-7(a) TO CLARIFY THE INFORMATION
NEEDED PRIOR TO REQUESTING PERMISSION TO ADVERTISE AND
TO CLARIFY THE NOTICE REQUIREMENTS FOR THE INITIAL
HEARING; AMENDING SECTION 1-13.5-7(d) TO MODIFY NOTICE
REQUIREMENTS FOR SECOND PUBLIC HEARING TO CONFORM TO
THE REQUIREMENTS OF CHAPTER 197, FLORIDA STATUTES;
CREATING SECTION 1-13.5-14 TO PROVIDE FOR A NOTICE OF
INTENT TO ISSUE BONDS; CREATING SECTION 1-13.5-15 TO
PROVIDE FOR A PROCEDURE FOR DISSOLUTION OF MUNICIPAL
SERVICES BENEFIT OR TAXING UNITS; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND
APPLICABILITY; PROVIDING FILING WITH THE DEPARTMENT OF
STATE; PROVIDING AN EFFECTING DATE; PROVIDING ADOPTION;
AND PROVIDING CODIFICATION.
WHEREAS, Section 125.01(1)(q), Florida Statutes, authorizes the Board of County
Commissioners (the "Board") to establish municipal services taxing or benefit units for any or
all of the unincorporated areas of St. Lucie County; and
WHEREAS, Chapter 1-13.5 of the St. Lucie County Code of Ordinances and Compiled
Laws (the "MSBU/MSTU Ordinance") provides for the creation of municipal service benefit or
taxing units; and
WHEREAS, the Board has determined that it is necessary and in the public interest to
amend the MSBU/MSTU Ordinance to: (a) amend Section 1-13.5-5(d) to provide that owners
may remove their names from petition at any time up to the initial public hearing; (b) amend
Section 1-13.5-7(a) to clarify the notice requirements for the initial public hearing; (c) amend
Section 1-13.5-7(d) to make the notice requirements for the second public hearing consistent with
the notice requirements for assessments to be collected under the uniform method of collection
pursuant to Section 197.3632, Florida Statutes; (d) create Section 1-13.5-14 to provide for the
gtruck thrc. ugh words are deleted. Underlined words are added.
-1
OR.BOOK i090 PAGE 585
discretionary publication of notice of intent to issue bonds; and (e) create Section 1-13.5-15 to
provide a procedure for dissolution of municipal services benefit or taxing units.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A.
AMENDMENT OF SECTION 1-13.5-5(d) OF CHAPTER 1-13.5
(MUNICIPAL SERVICE TAXING OR BENEFIT UNITS) OF THE CODE
OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY.
Sections 1-13.5-5(d) of Chapter 1-13.5 of the St. Lucie County Code of Ordinances and
Compiled Laws is hereby amended to read as follows:
Section 1-13.5-5. Creation of units.
(d) Initial petition. Property owners may petition the Board for the county engineer to
provide a preliminary estimate of the cost of construction of requested improvements or the cost
of requested services under the provisions of this chapter. The county engineer shall provide the
petition form to any interested person. Signatures on the petition and the fact of execution by
a majority of such property owners shall be verified by the county engineer upon the basis of
information in the public records. Property owners may withdraw their names from the petition
_~ providing the counW engineer with written notice of such withdrawal at any time prior to the
initial public hearing, provided, however, as set forth in Section 1-13.5-5 of this Ordinance, the
Board may create a municipal services taxing or benefit unit on its own motion without the
concurrence of 51% of the property owners.
PART B.
AMENDMENT OF SECTIONS 1-13.5-7(a) and 1-13.5-7(d) OF CHAPTER 1-
13.5 (MUNICIPAL SERVICE TAXING OR BENEFIT UNITS) OF THE
CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE
COUNTY.
Sections 1-13.5-7(a) and 1-13.5-7(d) of Chapter 1-13.5 of the St. Lucie County Code of
Ordinances and Compiled Laws are hereby amended to read as follows:
Section 1-13.5-7. Procedure for creation of municipal service benefit units.
(a) Initial hearing. Upon receipt of a petition that complies with this chapter to create
a MSBU, the coun en neet shall submit the petition ....... s ....................... the
v,-,v .... w-o,~,~ to the Board and shall request permission to advertise an initial public hearing
Struc!c tkrc. ugh words are deleted. Underlined words are added.
-2
OR BOOK 3. 0 9 0 PAGE 0 5 8 6
to determine (i) the need for the proposed project, (ii) the percentage of public and private
benefits and (iii) the method of assessment.
Notice of the initial public hearing shall be published twice in a daily newspaper of
general circulation in the county once not less than twenty-one (21) days and once not more than
seven (7) days before the date of such public hearing. In addition, notice shall be mailed to the
record title holder of any property to be specially assessed at least fourteen (14) days prior to the
date of the public hearing. The mailed notice shall include a brief description of the project,-a
...... v ............ v ...... .~ ..........w-w, ~y, the proposed action to be taken by the Board and
the time, date, and place of the hearing. The published notice shall include the same information
and shall also include a map showing the specially benefited property. An initial tal/ublic hearing
is not required if the Board determines on its own motion to direct the county engineer to prepare
a report as set out below.
At the time set for the initial public hearing, the Board shall hear all interested persons
and shall make an initial determination as to whether (i) the project is in the best interest of the
health, safety and/or welfare of the county and, if so, (ii) the percentage of public and private
benefits which will result from the proposed improvements or services, and (iii) the method to
be used in assessing specially benefited property. That percentage of the benefits of the
improvements or services which the Board finds accrues to the public shall be the percentage of
the cost of improvements or services borne by the county. Upon making the above
determinations, the Board shall adopt a resolution creating the unit and authorizing the county
engineer to proceed with the project as hereinafter provided. The Board may, upon its own
motion, direct the county engineer to prepare a report for specified improvements or services even
though no petition of property owners has been presented or the majority ownership condition
is not met.
The resolution shall contain findings by the Board (i) that the improvements or services
would be of benefit to the real and personal property within the boundaries of the proposed unit,
(ii) that the cost of providing such improvements or services is not expected to be in excess of
the benefit gained, and (iii) that the creation of such unit would be in the public interest. In
addition to such findings, the resolution shall set forth the following:
(1)
(2)
(3)
(4)
The name or designation by which the unit shall be known.
The boundaries of the unit.
The improvements or services to be provided in the unit.
The method of assessment approved by the Board.
(d) Second public hearing. Upon completion of the preparation of the report and
preliminary assessment roll, the county engineer shall request from the Board permission to
words are deleted. Underlined xvords are added.
-3
OR BOOK ~- 0 9 0 PaGE 0 5 8 7
advertise a public hearing thereon. Provided, however, that the Board at any time, in its sole
discretion, may ~; .... ~- ....;-; ....... ;~, c ...... c..~,~, ......;~ .... ;_
· ,~J ....... ~, ..........~,,,,j ......... .~ .....................n determine not to
proceed with the improvements or services
............ z ~--"J ,-,v o P Prior to the public hearing, the county engineer shall notice
the hearing by first-class mail and by publication in a daily newspaper of general circulation
within St. Lucie County. Addresses for mailed notices shall be obtained by the county engineer
from the records of the property appraiser or from other sources as the county engineer deems
reliable. The notice by mail shall be sent at least twenty five (25) days prior to the public hearing
to each person owning property within the proposed MSBU and shall include (i) the purpose of
the assessment, (ii) the total amount to be levied against each parcel, (iii) the unit of measurement
to be applied against each parcel to determine the assessment, (iv) the number of such units
contained within such parcel, (v) the total revenue to be collected by the special assessment, (vi)
a statement that all affected property owners have a right to appear at the hearing and to file
written objections with the Board within twenty (20) days of the date of the notice, and (vii) the
date, time and place of the hearing. If the Board chooses to collect the special assessment
pursuant to Sections 197.3632 and 197.3635 as provided for in Section 1-13.5-11(i) of this
Chapter, the mailed notice shall also provide a statement that failure to pay the assessment will
cause a tax certificate to be issued against the property which may result in a loss of title. The
published notice shall be published twice in a daily newspaper of general circulation in St. Lucie
County, once not less than twenty-one (21) days and once not more than seven (7) days before
the date of such public hearing. The published notice shall include (i) a brief description of the
project, (ii) a geographic depiction of the property subject to the assessment, (iii) the proposed
action to be taken by the Board, (iv) the time, date and place of the hearing, and (v) statement
that all affected property owners have a right to appear at the hearing and to file written
objections with the Board within twenty (20) days of the publication of the notice. If the Board
chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided
for in Section 1-13.5-1 l(i) of this Chapter, the published notice shall also provide a statement that
the assessment shall be collected by the tax collector and include a proposed schedule of the,
assessment.
At the public hearing, the owners of the property to be assessed or any other persons
interested may appear before the Board and be heard as to the propriety and advisability of
making such improvements, as to the costs thereof, as to the manner of payment thereof, and as
to the amount thereof to be specially assessed against each property so improved. At the public
hearing, the county engineer shall also present to the Board the preliminary assessment roll. The
assessment roll shall show (i) the lots and lands assessed, (ii) the amount of the benefit to and
the assessment against each lot or parcel of land, and (iii) if said special assessment be paid in
installments, (a) the number of annual installments into which the special assessment may be
divided which shall not exceed thirty (30), and (b) whether the assessment shall be payable in
words are deleted. Underlined words are added.
-4 -
OR BOoK 'I 090 PAGE 05~5~8
equal installments of principal to which interest shall be added or equal installments of principal
and interest shall also be entered and shown upon said assessment roll.
At the time and place named in the notice of public hearing, the Board shall also meet
as an equalizing Board to hear and consider any and all complaints as to such special assessments
and shall adjust and equalize the assessments on the basis of just and right. When equalized and
approved by resolution of the Board, the assessments as shown in the preliminary roll, as
adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other
liens for county taxes, upon the property against which such assessment is made, from the time
of adoption of the resolution at the initial public hearing as provided in subsection (a) above,
until paid; provided, however, that upon completion of the improvements the Board shall credit
to each of said assessments the difference in the assessment as originally made, approved and
confirmed above and the proportionate part of the actual costs of said improvement to be paid
by special assessments as finally determined upon completion of said improvement; provided that
in no event shall the final assessments exceed by more than ten percent (10%) the amount
originally assessed by the Board without a further public hearing. Promptly after the confirmation
of the assessments, the assessments shall be recorded by the clerk of the Board in a special book
to be known as the "improvements lien book" and the record of the lien in said book shall
constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the
resolution referred to above shall be recorded in the official records of the clerk of the circuit
court of St. Lucie County so as to facilitate knowledge thereof by third parties. However, if the
Board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as
provided for in Section 1-13.5-1 l(i) of this Chapter, such recording shall not be required.
The resolution approving the preliminary assessment roll, as equalized, shall (i) state the
nature of the proposed improvements or services, (ii) designate the areas to be so improved or
served, (iii) state the method in which said assessments shall be made, and (iv) state when the
assessments are to be paid. The resolution shall also (i) designate the lands upon which the
special assessment shall be levied and (ii) state the total estimated costs of the improvement or
annual cost of the services. The estimated costs shall include, but not necessarily be limited to,
an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit
fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the
preparation of the plans and specifications and the estimate, the printing, mailing, and publishing
of notices and proceedings, the preparation of certificates, bonds, the costs of collection of
assessments, including discounts for prepayment and/or early payment, administrative costs and
any other expense necessary or proper to any of the foregoing.
PART C.
CREATION OF SECTION 1-13.5-14 (NOTICE OF INTENT TO ISSUE
BONDS) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF
ST. LUCIE COUNTY.
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OR BOOK 1090 PaGE 0589
Section 1-13.5-14 of Chapter 1-13.5 of the St. Lucie County Code of Ordinances and
Compiled Laws is hereby created to read as follows:
Section 1-13.5-14. Notice of intent to issue bonds.
Prior to the issuance of any bonds, certificates or other obligations (the "Bonds"), pursuant
to this ordinance, the Board may, in its discretion, publish a notice at least once in a daily
newspaper of general circulation in the county, stating (i) the date of adoption of the resolution
authorizing the Bonds, (ii) the amount, maximum rate of interest and maturity of the Bonds, (iii)
the purposes in general terms for which the Bonds are to be issued, (iv) the name of the,
municipal services benefit unit or municipal services taxing unit (the "Unit") created to lew an
assessment or tax to repay the Bonds, and further stating that anv action or proceeding.
questioning the validity of the Bonds, or of the proceedings authorizin~ the issuance thereof, or
of any covenants made therein, or questioning creation of the Unit, must be instituted within
twen _ty days after the publication of such notice, or the validity of the Bonds, the proceedings
authorizing the issuance thereof, the covenants made therein, and the creation of the Unit shall
not be thereafter questioned in any court whatsoever. If no such action or proceeding is instituted
within twenty days of the publication of the notice described above, then the validity of the
Bonds, the proceedings authorizing the issuance thereof, the covenants made therein, and the,
creation of the Unit, shall be conclusive and all persons or parties whatsoever shall be forever
barred from questioning these matters in any court whatsoever. This procedure is supplemental
and in addition to any other procedure available to the Board to establish the validity of Bonds
issued or Units created pursuant to this ordinance and the failure by the Board to institute this
procedure shall not affect the validity of such Bonds or Units.
PART D.
CREATION OF SECTION 1-13.5-15 (DISSOLUTION OF UNITS) OF THE
CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE
COUNTY.
Section 1-13.5-15 of Chapter 1-13.5 of the St. Lucie County Code of Ordinances and
Compiled Laws is hereby created to read as follows:
Section 1-13.5-15. Dissolution of units.
A municipal services taxing unit or municipal services benefit unit created pursuant to this
ordinance may be dissolved by resolution of the governing body of the unit provided that no such
unit may be dissolved unless all indebtedness secured by the proceeds of taxes or special
assessments levied by the units is paid off or unless there is otherwise full compliance with the
terms, conditions or covenants of the document(s) or note which established the indebtedness.
words are deleted. Underlined words are added.
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OR BOOK ~-090 } ~,E 0590
PART E. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County
resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this
ordinance to the extent of such conflict.
PART F. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provision thereof shall be held to be inapplicable to any person, property,
or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G. 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, Depart. ment of State, The Capitol, Tallahassee, Florida,
32304.
PART H. 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 I. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through G shall not be codified.
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~OR BOOK
21. 0 9 0 PAGE
PASSED AND DULY ADOPTED this _~ day of ~
, 1997.
ATTEST:
6gPUfV C/EaS: .... - d/'
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA '"'~
' CHA~I~MAN
APPROVED AS TO FORM AND
CO RRECT~ESS/-~ ///'~
G:\ORDNANCE~1997\97-20
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ORDINANCE NO. 97-22
AN ORDINANCE ESTABLISHING A ONE HUNDRED EIGHTY
(180) DAY MORATORIUM ON TIlE APPROVAL OF
APPLICATIONS FOR BUTLDING PERMITS AND CONDITIONAL
USE PERMITS FOR COMMERCIAL TELECOMMUNICATION
TOWERS AND FACILITIES; ESTABLISI:YING DEFINITIONS FOR
THE PURPOSE OF THIS ORDINANCE; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY
AND APPLICABILITY; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR ADOPTION
WHEREAS, the Congress of the United States adopted the Telecommunications Act of 1996,
("Act") providing federal regulation of wireless telecommunications, a technology of wireless voice, video
and data communications systems rapidly became available, requiring land use facilities that impact
planning and zoning concerns in the County and throughout the United States; and,
Wl:IEREAS, the Act preserves the authority of local governments to make decisions regarding
the placement, construction and modification of commercial communication towers and facilities as long
as those decisions do not unreasonable discriminate among providers of functionally equivalent services
or prohibit or have the effect of prohibiting the provision of personal wireless services; and,
Wl:IEREAS, passage of the Act, changes in wireless communication technology, additional
licenses granted by the Federal Communications Commission and the increased consumer demand for
personal wireless services has had the effect of creating a climate of heightened competition among the
providers of personal wireless services and numerous providers of personal wireless services have
expressed the desire to locate personal wireless communications facilities within the County; and,
WHEREAS, this increased competition has resulted in an increase in the number of applications
for approval of commercial telecommunication towers and facilities in the County; and,
WHEREAS, the Act further provides that a state or local government shall act on any request for
authorization to place, construct, or modify commercial telecommunication towers and facilities within a
reasonable period of time after the request if filed with that government; and,
WHEREAS, the number of potential sites within the County which would be acceptable for the
installation of commercial telecommunication towers and related facilities is limited; and,
WHEREAS, the Board has determined that the current provisions within the Land Development
Code of St. Lucie County relating to the regulation and placement and construction of commercial
telecommunication towers and facilities are inadequate as they relate to compatibility with surrounding
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properties, proliferation of towers and ensuring that co-location of antennas is required where possible;
and,
WltEREAS, the County requires time to study the adequacy of its current regulatory ordinances
and to explore and develop modifications or additions to those ordinances; and,
WHEREAS, the Board of County Commissioners has directed staff to draft any needed
amendment to the Land Development Code determined to be required to protect the aesthetic, health,
safety and welfare concerns found to exist; and,
Wll'EREAS, County staff is currently in the process of research and drafting such amendments
to the Land Development Code; and,
WHEREAS, the Board of County Commissioners is desirous of protecting residential areas from
a proliferation of telecommunication towers while the new regulations are being drafted; and,
WltEREAS, the Board of County Commissioners has provided for the continued siting of certain
commercial telecommunication towers and related facilities to ensure the health, safety and welfare of the
residents of the County; and,
WHlr~REAS, the moratorium, together with the continued study, including the review of the
Federal Communications Commission rules, and investigation relating to the placement of commercial
telecommunication towers and facilities, is consistent with the Act; and,
W-I~REAS, on July 8, 1997, the Board conducted the first of two public hearings on this
proposed ordinance and declared its intent to impose a one hundred eighty (180) calendar day moratorium,
beginning on the effective date of this ordinance, relating to all application for the approval conditional
use permits for commercial telecommunication towers and facilities.
NOW, THEREFORE, BE IT ORDAINED BY ~ BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
P~TA.
CREATION OF A MORATORI-JM ON APPLICATIONS FOR APPROVAL OF
CONDITIONAL USE PERMITS FOR COMMERCIAL TELECOMMUNICATION
TOWERS AND FACILITIES
1.
For the
purposes of this ordinance, the following definitions shall apply:
TELECOMMUNICATIONS FACILITY: A facility, that is used to provide one or more
telecommunications services, including, without limitation, radio transmitting towers, other
supporting structures, and associated facilities used to transmit telecommunications signals. An
open video system is not a telecommunications facili _ty to the extent that it provides only video
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services: a cable system is not telecommunications facility_ to the extent that it provides only cable
service.
TELECOMMUNICATIONS TOWER: Any structure, and support thereto, designed and
constructed primarily for the purpose of supporting one or more antennae intended for transmitting
or receiving personal wireless services, telephone, radio and similar communication purposes,
including lattice, monopole and guyed towers. The term includes radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower
structures, among others.
MORATORIUM ON COMMERCIAL TEI,F, COMMUNICATIONS TOWERS AND
COMMERCIAL TELECOMMUNICATION FACILITIES
The Board of County_ Commissioners of St. Lucie Coun _ty. Florida does hereby impose a one
hundred eight (180) calendar moratorium beginning on the effective date of this ordinance, upon
the approval of all applications for conditional use permits for commercial telecommunication
towers and facilities, except as otherwise provided in this ordinance.
This ordinance shall not apply to any legally sufficient application for a conditional use permit
for commercial telecommunications towers and facilities which were received bv the Communi .ty
Development Department prior to June 27. 1997.
This ordinance specifically excludes and shall not affect:
1. Building or roof mounted antennas and their ancillary, equipment structures:
2. Relocation of towers or facilities due to public right-of-way acquisition:
3. Tower replacements with structures of the same .type and equal or lesser height:
Pole attachments or the placement of antennas, and their ancilla~_ equipment structures.
where such attachment or placement does not involve the construction, structural
modification or expansion of a tower structure;
5. Publicly owned towers or facilities required to ensure the public safety_:
Building permits for commercial telecommunications towers and facilities subject to an
approved conditional use permit,
If amendments to the Land Development Code are adopted prior to the final date of this
moratorium, such ordinance shall include a provision repealing this moratorium ordinance,
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PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
and adopted prior to January l, 1969, St. Lucie County ordinances and St. Lucie 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.
PART D. FILING WITH TI4E 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 upon July 23, 1997.
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances and Compiled Laws
of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such
intention; provided, however, that Parts B through F shall not be codified.
PASSED AND DULY ADOPTED this 22nd day of July, 1997.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA · ?
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BY: ~ ....
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g:\ordnance\ 1997~ 97-22
7/22/97
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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ORDINANCE NO. 97-023
AN ORDINANCE REPEALING ORDINANCE NO. 97-22,
ESTABLISHING A TEMPORARY MORATORIUM ON THE
DEVELOPMENT OF NEW TELECOMMUNICATIONS TOWERS
ANDANORDINANCEAMENDINGTHE ST. LUCIE COUNTY
LAND DEVELOPMENT CODE BY AMENDING SECTION
2.00.00, DEFINITIONS, TO PROVIDE FOR TERMS
ASSOCIATED WITH THE DEVELOPMENT OF LOCAL
REGULATIONS GOVERNING THE LOCATION OF
TELECOMMUNICATION TOWERS; BY AMENDING SECTIONS
3.01.03(A) THROUGH (AA), EXCLUDING SECTIONS
3.01.03(C), 3.01.03(T), AND 3.01.03(W), BY
ADDING AS A CONDITIONAL USE, SUBJECT TO
STANDARDS, TELECOMMUNICATION TOWERS; BY
AMENDING SECTIONS 3.01.03(C) AND 3.01.03(T) TO
ADD AS A PERMITTED USE, SUBJECT TO STANDARDS,
TELECOMMUNICATION TOWERS; BY AMENDING SECTION
3.01.03(W) TO PROVIDE FOR CLARIFICATION ON
TELECOMMUNICATION TOWERS AS A PERMITTED USE,
SUBJECT TO STANDARDS; BY CREATING SECTION
7.10.23, TELECOMMUNICATIONS TOWER SITING,
ESTABLISHING REGULATIONS AND REQUIREMENTS FOR
THE SITING OF WIRELESS TELECOMMUNICATIONS
TOWERS; 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.
WHEREAS, the Board of County Commissioners of St. Lucie County, Flodda, has made the
following determination:
On August 1, 1990, the Board of County Commissioners of St. Lucie
County, Flodda, adopted the St. Lucie County Land Development Code.
o
The Board of County Commissioners has adopted certain amendments to
the St. Lucie County Land Development Code, through the following
Ordinances
91-03 - March 14, 1991 91-09 - May 14, 1991
91-21 - November 7, 1991 92-17 - June 2, 1992
93-01 - February 16, 1993 93-03 - February 16, 1993
Ordinance #97-023. fin
Page 1
PRINT DATE: 09/03/97
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93-05 May 25, 1993 93-06 May 25, 1993
93-07 May 25, 1993 94-07 June 22, 1994
94-18 August 16, 1994 94-21 August 16, 1994
95-01 January 10, 1995 96-10 August 6, 1996
97-01 - March 4, 1997
The Congress of the Unites States adopted the
Telecommunications Act of 1996, ("Act") providing federal
regulation of wireless telecommunications, a technology of wireless
voice, video and data communications systems rapidly became
available, requiring land use facilities that impact planning and
zoning concems in the County and throughout the United States;
and,
The Board of County Commissioners finds that it is in the public
interest to enact regulations concerning the siting of wireless
telecommunications towers within the unincorporated areas of the
County; and,
The County has received and expects to receive additional requests
from telecommunications service providers to site wireless
telecommunications towers within the unincorporated areas of the
County and is authorized by federal, state and local law to regulate
the siting of such towers; and,
It is the intent of the Board to provide reasonable accommodations
to, and to promote and encourage fair and reasonable competition
among telecommunications service providers or providers of
functionally equivalent service on a neutral and non-discriminatory
basis; and,
The purpose and intent of this ordinance is to establish appropriate
locations in pdority order of use, and, further, to develop the
requirements and standards to permit the siting of wireless
telecommunications towers within the unincorporated areas of the
County, with due consideration to the County's comprehensive plan,
zoning maps, existing land uses and environmentally sensitive
areas, including hurricane preparedness areas; and,
This Board is authorized by Section 125.01(1)(b), Florida Statutes
(1995), to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the
public; and,
Ordinance #97-023.fin
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10.
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This Board is authorized by Section 125.01(1)(t) to adopt
ordinances and resolutions necessary for the exercise of its powers
and to prescribe fines and penalties for the violations of ordinances
in accordance with law;
The Local Government Comprehensive Planning and Land
Development Regulations Act (Chapter 164, Part II, Flodda Statutes
[1995]) requires that the County amend or enact land development
regulations which are consistent with its adopted Comprehensive
Plan; and,
The Land Development Code established new zoning regulations
for the unincorporated areas of St. Lucie County, and the Board of
County Commissioners has determined that these regulations
require revisions regarding communication towers; and,
Through these regulations, it is the intent of the County to minimize
the number of towers and the adverse visual impact and other
potential damage by these facilities by encouraging co-location and
shared use of new and pre-existing telecommunications facilities,
through incentives, careful design, siting, landscape screening and
innovative camouflaging techniques.
On July 17, 1997, the Local Planning Agency/Planning and Zoning
Commission held a public headng, which was continued to July 31,
1997, on the proposed ordinance after publishing notice in the Port
St. Lucie News and the Tribune at least 10 days prior to the
headng and recommended that the proposed ordinance be
approved.
On July 22, 1997, this Board held its first public headng on the
proposed ordinance, which was continued to August 19, 1997, after
publishing a notice of such headng in the Port St. Lucie News and
the Tdbune on July 11, 1997.
On September 2, 1997, this Board held its second public headng
on the proposed ordinance, after publishing a notice of such
hearing in the Port St. Lucie News and the Tdbune on August 21,
1997.
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
Ordinance #97-023.fin Page 3
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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.
REPEAL OF ORDINANCE NO. 97-22
Ordinance No. 97-22, adopted on July 22, 1997, is hereby repealed.
PART B.
SPECIFIC AMENDMENTS TO THE ST. LUClE COUNTY LAND
CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE:
DEVELOPMENT CODE
CHAPTER II
DEFINITIONS
2.00.00 DEFINITIONS
When used in this Code, the following terms shall have the meanings herein ascribed to them.
ALTERNATIVE TOWER STRUCTURE: A desiRn mounting structure that camouflaRes or conceals the,
presence of a tower; for example, man made trees, clock towers, bell steeples, utility poles, and similar
alternative desi.qns. An antenna mounted on a utility pole shall be subject to all requirements as stated in
this ordinance.The following shall be considered not to be an alternative tower structure: 1) a structure,
supportinR a utility transmission line(s) only, and 2) a structure up to 150 feet in heiRht supportinR a 69KV
or hiRher voltage utility transmission line(s), and antenna(e), when located in non-residential zoninR districts.
and 3) a structure supporting a amateur radio antenna only.
ANTENNA: A transmitting and/or receiving device mounted on a tower, building or structure and used in
telecommunications personal wireless services that radiates or captures electromagnetic waves, digital
sianal, analoc~ sic~nals, and radio frequencies, directional antennas such as panel and microwave dish
antennas, and omni-directional antennas such as whips but excluding radar antennas, amateur radio
antennas, and satellite earth stations.
Ordinance #97-023.fin Page 4
PRINT DATE: 09/03/97
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BACKHAUL NETWORK: The lines that connect the towers/cell sites of a provider to one or more cellular
telephone switchinl:l offices, and/or Ionl:l distance providers, or the public switched telephone network.
CAMOUFLAGE FACILITY: Any telecommunications facility which is desi~lned to blend into the surroundin~l
environment. For example, architecturally screened roof mounted antennae, buildin~l-mounted antennae
painted to match the existin~l structure, antennae inte~lrated into architectural elements, and communication
towers desiqned to look like liqht poles, power poles, or trees.
FAA: The Federal Aviation Administration.
FALL RADIUS: The distance measured from the center of the base of a tower which defines the maximum
circular area into which the tower or any part of a tower may fall in case of structural failure. The fall radius
is calculated throul:lh a breakpoint analysis prepared by a licensed en~lineer.
FCC: The Federal Communications Commission.
GUYED TOWER: A telecommunications tower that is supported in whole or in part by .quy wires and
~lround anchors.
MICROWAVE ANTENNA: A dish-shaped device used to transmit and/or receive microwave si~lnals in a
strai~lht line to and from similarly earth bound point sources.
MONOPOLE TOWER: A communications tower consistintq of a sin~lle pole or spire self-supported on a
permanent foundation, constructed without ~lUy wires, ~lround anchors, or other supports.
LATTICE TOWER: A communications tower that is constructed to be self-supportin~l by lattice tvl~e
supports and without the use of RUy wires or other supports.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS: Any tower or antenna for which a buildin~l
permit and conditional use permit has been properly issued prior to the effective date of this Ordinance,
includin.q permitted towers or antennas that have not yet been constructed so Ion~l as such approval is
current and not expired as of the effective date of this Ordinance.
SEARCH AREA: The I:leo~lraphic area, in which a telecommunications facility must be located in order
to provide FCC required coveral:le, as certified throu~lh an affidavit by an Radio Frequency (RF) enl:lineer
as to radio frequency waves, or other such appropriate technical expert
TELECOMMUNICATIONS FACILITY: A facility that is used to provide one or more telecommunications
services, includinl:h without limitation, radio transmittin~i towers, other supportinl:l structures, and associated
facilities used to transmit telecommunications si~lnals. An open video system is not a telecommunications
facility to the extent that it provides only video services; a cable system is not telecommunications facility
to the extent that it provides only cable service.
TELECOMMUNICATIONS FACILITY OPERATOR: A provider of telecommunications services
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TELECOM M UNICATIONS SERVICES: The offering of telecommunications (or the transmission between
or among points, specified by the user of information of the user's choosing without change in the form or
content of the information as sent and received) for a fee directly to the public, or to such classes of usem
as to be effectively available directly to the public, regardless of the facilities used.
TELECOMMUNICATIONS TOWER OR TOWER: Any structure, and support thereto, designed and
constructed primarily for the purpose of supporting one or more antennae intended for transmitting or
receiving personal wireless services, telephone, radio and similar communication purposes, including lattice,
monopole and guyed towers. The term includes radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, and alternative tower structures, among others. Th~,
following shall be considered not to be a telecommunications tower: 1) a structure supporting a utility
transmission line(s) only, and 2) a structure up to 150 feet in height supporting a 69KV or higher volta~q-
utility transmission line(s), and antenna(e), when located in non-residential zoning districts, and 3) ~
structure supporting a amateur radio antenna only.
TELECOM M UNICATIONS TOWER HEIGHT: When referring to a communications tower or other structure,
the distance measured from the finished grade of a parcel to the highest point on the tower or other
structure, including the base pad and any antenna, but excluding lights and lightening rods.
WHIP ANTENNA: A cylindrical antenna that transmits signals in 360 degrees.
CHAPTER III
ZONING DISTRICTS
3.00.00
3.01.03
ZONING DISTRICTS
ZONING DISTRICTS
A. AG-1
AGRICULTURAL- 1
Paragraph I through 6 - No Change
Conditional Uses
Agricultural labor housing.
Aircraft storage and equipment maintenance. (4~)
Airports and flying, landing, and takeoff fields. (4s~1)
Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (~)
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Farm products warehousing and storage. (4221,4222)
Gasoline service stations.
Industrial wastewater disposal. (~)
Manufacturing:
(1) Agricultural chemicals
(2) Food & kindred products (~o)
(3) Lumber & wood products, except furniture (24)
Mining and quarrying of nonmetalic minerals, except fuels.
Telecommunication Towers - subject to the standards of Section 7.10.23
Retail trade:
(1) Farm equipment and related accessories.
(2) Apparel & accessory stores.
Sewage disposal subject to the requirements of Section 7.10.13. (~)
Camps - sporting and recreational. (7032)
Paragraph 8 - No Change
AG-2.5
AGRICULTURAL - 2.5
Paragraph 1 through 6 - No Change
Conditional Uses
Agricultural labor housing. (~)
Aircraft storage and equipment maintenance.
Airports and flying, landing, and takeoff fields. (~5~)
Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. ~)
Farm products warehousing and storage.
Gasoline service stations. (s.~)
Industrial wastewater disposal.
Manufacturing:
(1) Ag~cuEural chemicals (=~
(2) Food & kindred produ~s ~
(3) Lumber & wood produ~s, except furniture (2~)
Mining and quaruing of nonmetalic minerals, except fuels. (~)
Telecommunication towem - subject to the standards of Section 7.10.23
Retail trade:
(1) Farm equipment and related accessories.
(2) Apparel & accesso~ stores. (~)
Sewage disposal subje~ to the requirements of Se~ion 7.10.13. (~)
Camps - sporing and recreational, cma
m
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Outdoor shooting ranges, providing site plan approval is obtained according to the
provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code.
Paragraph 8 - No Change
AG-5
AGRICULTURAL - 5
Permitted Uses
Paragraph 1 - No Change
Paragraph a - k - No change
I_. Telecommunication Towers - subiect to the standards of Section 7.10.2,3
Conditional Uses
Agricultural labor housing.
Aircraft storage and equipment maintenance.
Airports and flying, landing, and take-off fields. (4s~)
Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home.
Farm products warehousing and storage. (4~/422=)
Gasoline service stations.
Industrial wastewater disposal.
Manufacturing:
(1) Agricultural chemicals
(2) Food & kindred products (~o)
(3) Lumber & wood products, except furniture (24)
Mining and quarrying of nonmetallic minerals, except fuels (44)
Retail trade:
(1) Farm equipment and related accessories
(2) Apparel & accessory stores (~)
Sewage disposal subject to the requirements of Section 7.10.13 (~)
Camps - sporting and recreational (703=)
Off-Road Vehicle Parks, except go-cart raceway operation or rentals (~)), subject to the
requirements of Section 7.10.21
Outdoor shooting ranges, providing site plan approval is obtained according to the
provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code.
Paragraph 8 No Change
r'13
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R/C RESIDENTIAL/CONSERVATION
Paragraph 1 through 6 - No Change
Conditional Uses
a. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. ~)
Telecommunication towers - subject to the standards of Section 7.10.23 (~9)
Paragraph 8 - No Change
AR-1
AGRICULTURAL, RESIDENTIAL- I
Conditional Uses
Paragraph 1 through 5 - No Change
Crop services (o72)
Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. ~)
Industrial wastewater disposal. (~)
Kennels - completely enclosed.
Landscaping & horticultural services (o78)
Retail:
(1) Fruits and Vegetables. (s43)
Riding stables.
Veterinary services. (074)
Telecommunication towers - subiect to the standards of Section 7.10.23 I~)
Paragraph 7 - No Change
RE-1
RESIDENTIAL, ESTATE-1
Conditional Uses
Paragraph 1 through 5 - No Change
Bed & Breakfast Residences - Subject to the requirements of Section 7.10.20. ~)
Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (~)
Landscaping & Horticultural Services (078)
Veterinary Services. (o74)
Telecommunication towers - subject to the standards of Section 7.10.23 (~)
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Paragraph 7 - No Change
RE-2
RESIDENTIAL, ESTATE - 2
Paragraph 1 through 5 - No Change
Conditional Uses
Bed & Breakfast Residences - Subject to the requirements of Section 7.10.20. (~)
Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home.
Telecommunication towers - subject to the standards of Section 7.10.23
Paragraph 7 - No Change
RS-2
RESIDENTIAL, SINGLE-FAMILY - 2
Paragraph 1 through 5 - No Change
Conditional Uses
Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. ~)
Telecommunication towers - subject to the standards of Section 7.10.23 (~)
Paragraph 7 - No Change
RS-3 RESIDENTIAL, SINGLE-FAMILY - 3
Paragraph 1 through 5 - No Change
Conditional Uses
a. Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. (~)
b_. Telecommunication towers - subiect to the standards of Section 7.10.23 {9~)
Paragraph 7 No Change
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RS-4 RESIDENTIAL, SINGLE-FAMILY - 4
Paragraph 1 through 5 - No Change
Conditional Uses
a. Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. (~)
Telecommunication towers - subiect to the standards of Section 7.10.23
Paragraph 7 - No Change
RMH-5 RESIDENTIAL, MOBILE HOME - 5
Paragraph 1 through 5 - No Change
Conditional Uses
a_. Telecommunication towers - subject to the standards of Section 7.10.23
Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00.
RM -5
Conditional Uses
RESIDENTIAL, MULTIPLE-FAMILY - 5
Paragraph 1 through 6 - No Change
M. RM-7
Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. (~)
Telecommunication towers - subiect to the standards of Section 7.10.23
Paragraph 8 No Change
RESIDENTIAL, MULTIPLE-FAMILY - 7
Paragraph 1 through 6 - No Change
co
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7.
Conditional Uses
a. Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. ~)
b_. Telecommunication towers - subiect to the standards of Section 7.10.23 (~)
Paragraph 8 No Change
RM-9 RESIDENTIAL, MULTIPLE-FAMILY 9
Paragraph 1 through 6 - No Change
Conditional Uses
a. Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home.
b_. Telecommunication towers - subject to the standards of Section 7.10.23
Paragraph 8 - No Change
RM-11 RESIDENTIAL, MULTIPLE-FAMILY - 11
Paragraph 1 through 6 - No Change
Conditional Uses
a.
b_.
RM-15
Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. (~)
Telecommunication towers - subiect to the standards of Section 7.10.23
Paragraph 8 No Change
RESIDENTIAL, MULTIPLE-FAMILY -15
Paragraph 1 through 6 - No Change
Conditional Uses
Family residential homes located within a radius of one thousand (1000) feet of another
such family residential home. ~)
Telecommunication towers - subject to the standards of Section 7.10.23 (~)
Paragraph 8 - No Change
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So
CN
COMMERCIAL, NEIGHBORHOOD
Conditional Uses
Paragraph I through 6 - No Change
Day care - adult (~3~)
- child
Postal services. (43~)
Telecommunication towers - subiect to the standards of Section 7.10.23
Paragraph 8 No Change
CO
Permitted Uses
COMMERCIAL, OFFICE
Paragraph I - No Change
Paragraph "a" through "b" - No Change
Communications - Except Towers (~)
Paragraph "d" through "o" No Change
Paragraph 3 through 6 - No Change
Conditional Uses
Child care services (~-)
Television and radio transmitting towers
Telecommunication towers - subiect to the standards of Section 7.10.23
Paragraph 8 - No Change
CG COMMERCIAL, GENERAL
Paragraph 1 through 6 - No Change
Conditional Uses
a. Adult establishments subject to requirements of Sec. 7.10.10.
b. Ddnking places (alcoholic beverages) - free-standing.
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Co
lk.
Disinfecting & pest control services. (7342)
Amusement parks.
Go-cart tracks.
Hotels & motels.
Marina - recreational boats only.
Motor vehicle repair services - body repair. (7s3)
Sporting and recreational camps. (7o3~)
Retail trade:
(1) Liquor stores.
Stadiums, arenas, and race tracks, c~4)
Telecommunication towers - subject to the standards of Section 7.10.23
Paragraph 8 - No Change
IL
Permitted Uses
INDUSTRIAL, LIGHT
Paragraph 1
No Change
Paragraph"a" No Change
Communications -e],~efY~ewe~s includinl:l telecommunications towers - subiect to the
standards of Section 7.1 0.23.
Paragraph "c" through %," - No Change
Paragraph 3 through 6 - No Change
Conditional Uses
Airports, landing and takeoff fields - general aviation (4~)
Manufacturing:
(1) Cut stone and stone products. ~2s)
(2) Motorcycles, bicycles, and parts. (37~)
(3) Wood containers, wood buildings and mobile homes. ¢244~4s)
R---dlc~c~cv~=!c.". trans.--..!.".!.".?, tc;:'cm...~..-.,.~,"-"" "~;"-..--.~c:c;v_.-v= ---nd ==tc!!?.= ccmmun~c=t!c.".= ;~
Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one-
hundred fifty (150) It (37~)
Wholesale:
(1) Petroleum bulk stations and terminals.
Scrap and waste materials - subject to the provisions of Section 7.10.12.A.
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Paragraph 8 No Change
INDUSTRIAL, HEAVY
Paragraph 1 - No Change
Permitted Uses
Paragraphs a - p no change.
Telecommunications towers - subject to the standards of Section 7.10.23
(ir. Wholesale trade - durable goods:
Paragraphs (1) - (9) no change.
Fs. Wholesale trade - nondurable goods:
Paragraphs (1) - (8) no change.
Mobile food vendors (~)
Conditional Uses
V. IX
Airport, landing and takeoff fields - general aviation. (4581)
Manufacturing:
(1) Paper & allied products ~)
(2) Chemicals & allied products (28)
(3) Petroleum refining & related products (~)
(4) Stone, clay, glass & concrete products (3a
(5) Pdmary metal industries (33)
(6) Ammunition & ordinance (3~)
Natural or manufactured gas storage and distribution points.
Scrap and waste materials - subject to the provisions of Section 7.10.12(B).
Warehousing and storage services - stockyards.
Wholesale trade - nondurable goods:
(1) Petroleum & petroleum products ~)
Paragraph 8 - No Change
INDUSTRIAL, EXTRACTION
Paragraph 1 - 6 No Change
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Conditional Uses
a_. Telecommunication towers - subject to the standards of Section 7.10.23
Paragraph 8 No Change
U UTILITIES
Permitted Uses
Paragraph I - No Change
k.
I_.
~m
Air transportation services (451,452)
Agriculture, including farms, groves, and ranches. (01,02)
Communication. (~)
Electric services (491)
Electric transmission rights-of-way. (491)
Gas pipeline rights-of-way.
Gas production and distribution (4~)
Industrial wastewater disposal. ~)
Railroad, rapid rail transit, & street railway transportation. (40,41)
Sanitary services (~-)
Transportation services (47)
Telecommunication towers - subject to the standards of Section 7.10.23
Water supply and irrigation systems.
Water transportation (4~)
Xo
°
Paragraph 3 through 8 No Change
INSTITUTIONAL
Conditional Uses
ao
Paragraph 1 through 6 No Change
Amphitheaters. (~)
Cemeteries. (sss3)
Membership organizations (~)
Correctional institutions.
Cultural activities and nature exhibitions. (~)
Educational services and facilities (52)
Executive, legislative, and judicial functions.
Fairgrounds.
Funeral and crematory services.
Theaters. (~)
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O.
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Medical and other health services. (~o)
Postal service. (~3)
Residential care facilities for sedous or habitual juvenile offenders, me)
Social services
Sporting and recreational camps (7o32)
Stadiums, arenas, race tracks
Telecommunication towers -subject to the standards of Section 7.10.23
Paragraph 8 No Change
RF
RELIGIOUS FACILITIES
Paragraph 1 through 6 - No Change
Conditional Uses
Day care facilities, associated and operated by the principal religious use located on that
property. This would include the operation of a day care facility during the normal business
week, as licensed by the State of Florida, as well as during any religious function or
associated activity.
Educational services, associated with and operated BY the principal religious use located
on that property. This would include the operation of an educational facility providing
general academic and/or special training from grades K to 12, and as licensed BY the
State of Flodda. ~)
Telecommunication towers - subject to the standards of Section 7.10.23
Paragraph 8 - No Change
RVP RECREATIONAL VEHICLE PARK
Paragraph I through 2
Conditional Uses
a.
No Change
NeP, e- Telecommunication towers - subject to the standards of Section 7.10.23 19~)
Paragraph 4 - No Change
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HIRD
Paragraph 1 through 5
Conditional Uses
a. Dune Preservation Zone:
(1) None.
b. Uplands:
(1)
(2)
(3)
HUTCHINSON ISLAND RESIDENTIAL DISTRICT
No Change
Hotel, motel, resort, rooming and boarding houses, tourist court, and time-share
or transient lodging facilities with rooms or dwelling units used for occupancies of
less than four weeks, provided that the number of rooms does not exceed the
residential densities set forth in subsection 7 of this Section.
Athletic and entertainment clubs or facilities, provided that the proposed use will
not generate traffic in excess of that projected for the parcel if developed at the
maximum permitted residential density.
Bed and Breakfast Residences, subject to the requirements of Section 7.10.20.
Telecommunication towers - subiect to the standards of Section 7.10.23 (~)
Wetlands:
(1)
(2)
(3)
Madnas and boat launching facilities, provided that the area of wetland altered
does not exceed five (5%) percent of the wetlands located on the parcel proposed
for development;
Utility transmission facilities;
For that portion filled in accord with permits received from Federal and State
agencies exercising jurisdiction over such area, any conditional upland use.
Paragraph 7 through 16 - No Change
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CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
7.10.00
7.10.23
aiI
SUPPLEMENTAL STANDARDS
TELECOMMUNICATIONS TOWER SITING
Purpose.
The purpose of this section is to establish re.qulations and requirements for the sitin.q of wireless
telecommunications towers and is intended to accomplish the followin.q purposes:
Protect and promote the health, safety and .qeneral welfare of the residents of the
unincorporated areas of the County;
Minimize potential impacts of towers upon residential areas and land uses;
Encoura.qe and promote the location of towers in non-residential areas, where the adverse
impact on the community is minimal;
Minimize the total number of towers throu~qhout the community by stron~qly encouraaina the
co-location of antennas on new and pre-existin.q tower sites as a primary option rather than
construction of additional sin.qle-use towers;
Encoura.qe and promote to users of towers and antennas to confi.qure them in a way that
minimizes the adverse visual impact of the towers and antennas throu.qh careful desi.qn,
sitin.q, landscape screenin~q, and innovative camouflaRin~q techniques; and,
Enhance the ability of the providers of telecommunications services to provide such
services to the community throu.qh an efficient and timely application process.
In furtherance of these .qoals, the County shall at all times .qive due consideration to the County's
Comprehensive Plan, zonin.q maps, existin.q land uses, and environmentally sensitive areas,
includin.q hurricane preparedness areas, in approvin.q sites for the location of towers.
General.
Telecommunications towers may be located as a permitted use in the "AG-5" ARricultural-5,
"IL" Industrial Li.qht, "IH" Industrial Heavy, "U "Utility Zonin.q Districts. Telecommunications
towers may be located as a conditional use, subiect to the requirements of Section
11.07.00, in all remainin.q zonin.q districts.
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Telecommunications towers may be located as a permitted use on the same property as
another use. A different existin.q use on the same lot or parcel that is proposed to have
a telecommunications tower located on it shall not preclude the installation of that
telecommunication tower if the other requirements of this section can be met.
Co-location of telecommunications antennas by more than one provider on existin.q
telecommunications towers shall take precedence over the construction of new
telecommunications towers. AccordinRly, each application shall include a written report
certified by a professional en.qineer licensed to practice in the State of Flodda, statin.q the
followin.q:
An initial evaluation within the search area of the feasibility of shadn.q a tower,
analyzin.q the 1) availability of towers for co-location, and 2) structural capacity of
all available towers, 3) radio frequency interference; 4) .qeoRraphical service area
requirements; 5) mechanical or electrical incompatibility; 6) inability or ability to
locate equipment on the tower; 7) any restrictions or limitations of the Federal
Communications Commission that would preclude the shared use of the tower; and
8) any additional information requested by the County.
No siRnals, artificial liRhts, or illuminations shall be permitted on any tower unless required
by the FAA or other applicable authority. If li.qhtinR is required, the li.qhtinR alternatives and
desi~qn chosen must cause the least disturbance to the views from surroundin.q properties.
Other than warnin.q si.qns, no si~qns, includin.q commercial advertisina. Ioaos. political skins.
flyers, or banners shall be allowed on any part of a telecommunications tower. ^nv siens
placed in violation of this section shall be removed at the expense of the owner.
All warninl:l si~qna.qe shall conform with the requirements of Chapter 9.00.00 of this Code.
Notwithstandin.q those requirements, the followin.q provisions shall apply:
The warnin.q si.qns may be attached to free standin.q poles if the content of the
si.qns may be obstructed by landscapin.q.
The County reserves the dRht to modify or waive the above requirements to avoid
visual clutter and to better apply the .qoals of this section.
Warnin.q si.qns shall include the name of the owner(s) and operators and a twenty-
four (24) hour emer.qency telephone number posted adiacent to the .qate.
All buildin.qs and support equipment associated with a telecommunications tower shall
comply with the requirements of this section.
Parkin.q shall be in compliance with Section 7.05.00 and 7.06.00 of this Code.
All telecommunications towers shall be enclosed by security fencin= eic~ht (8) feet in heiclht.
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Telecommunications tower setbacks and separation standards, as provided in Sections
7.10.23.K and 7.10.23.L.1 of this Code shall be calculated and applied to
telecommunications tower facilities located in the County irrespective of municipal and
county jurisdictional boundaries.
10.
Telecommunication towers shall be re.qulated and permitted pursuant to this Section and
shall not be reRulated as essential services, public utilities, or pdvate utilities.
11.
Owners and/or operators of towers shall certify that all licenses required by law for the
construction and/or operation of a wireless communications system in the County have
been obtained and shall file a copy of all required licenses with the County.
Buildinf:l codes/safety standards.
The construction, operation and repair of telecommunications facilities are subject to the supervision
of the County, and shall be performed in compliance with all laws, ordinances, departmental rules
and re.qulations and practices affectinR such system includinR, but not limited to, zoninR codes,
buildinR codes, and safety codes, and as provided below.
The construction, operation and repair shall be performed in a manner consistent with
applicable industry standards. All telecommunications towers must meet or exceed current
standards and reRulations of the FAA, the FCC, includinR radio frequency emission
standards and reRulations of the state or federal Rovernment with the authority to reRulate
towers prior to issuance of a buildinR permit by the County. If such applicable standards
and reRulations are chanRed, then the owners of the towers Roverned by this Ordinance
shall bdnR such towers into compliance with such revised standards within six (6) months
of the effective date of such standards and reRulations, unless a different compliance
schedule is mandated by the controllinR state or federal a.qency. Failure to bdnR towers
into compliance with such revised standards and reRulations shall constitute Rrounds for
the removal of the tower at the expense of the owner.
To ensure the structural inteRdty of towers, the owner shall maintain the tower in
compliance with County buildin~ codes, includinR, but not limited to the Land Development
Code and all applicable codes and standards, includinR Southern Standard Buildinl:l Code
(SBCCI), the Electronics Industries Association and the ASCE, as amended from time to
time. ^ statement shall be submitted by a professional engineer certifyinR compliance with
this subsection. Where a preexistinR structure, includinR Ii,Iht and power poles, is requested
as a camouflaRe facility by the owner, the facility, and all modifications thereof, shall
comply with all BuildinR Code requirements as provided in this section.
Requirement of site plan and enRineerin~! report.
All applicants for new towers and towers which are modified or reconstructed to accommodate
additional antennas shall submit a written report certified by a professional enRineer licensed to
practice in the State of Flodda. The report shall include:
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A site plan prepared in accordance with the requirements of Section 11.02.00 of this Code.
Type of tower and specifics of desitin.
If the proposed tower requires a conditional use permit, a detailed, representative visual
impact analysis and photo diRitalization, in ninety (90) deRree intervals from selected
properties within the 500 feet of the property line, of the proposed tower and all
attachments, includinR associated buildinR and equipment containers, that indicates how
the proposed tower will inteRrate into the surroundinl:l area.
A narrative of why the proposed tower cannot comply with the requirements as stated in
this section, if applicable.
Current wind-loadinR capacity and a projection of wind-loadinR capacity usinR different
types of antennas as contemplated by the applicant. No tower shall be permitted to exceed
its wind-loadin~l capacity.
A statement that the proposed tower, includinR reception and transmission functions, will
not interfere with the customary transmission or reception of radio, television or similar
services as well as other wireless services enjoyed by adjacent residential and non-
residential properties.
A statement of compliance with Section 7.10.23(C). For all towers attached to existinR
structures, the statement shall include certification that the structure can support the load
superimposed from the tower. Except where provided in Section 7.10.23(B)(3)(a). all towers
shall have the capacity to permit multiple users; at a minimum, monopole towers shall be
able to accommodate two (2) users and, at a minimum, self-support/lattice or Ruyed towers
shall be able to accommodate three (3) users.
A statement of compliance with Section 7.10.23(C)(1), demonstrating that the
telecommunications tower includinR all existinR and proposed antennae is in compliance
with current radio frequency emission (RFE) standards as established by the FCC.
Any additional information reasonably deemed necessary by the County to assess
compliance with this Code.
Aesthetics.
All telecommunications towers shall meet the followinR requirements:
At a tower site, the desiRn of the buildinRs and related structures shall use materials,
textures, screeninR, and landscapinR that will blend them into the natural settinl:l and
surroundinR buildinR to minimize the visual impact. Towers and any accessory buildinas
shall retain their silver/Rrey factory finish or be finished or painted in stealth or neutral tone
colors.
o
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All tower sites must comply with the landscapinR and screeninR requirements of the Land
Development Code. The Community Development Director shall require landscaoina in
excess of any wdtten requirements as is deemed reasonably necessary in order to
enhance compatibility with adjacent residential and non-residential land uses. All
landscapinl:i shall be properly maintained to ensure ~lood health and viability at the expense
of the owner. Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from property used for residences. The
standard buffer shall consist of a landscaped strip at least ten (10) feet wide outside of the
perimeter of the compound. Existin~l mature Rrowth, not includinl:l exotics, and natural land
forms on the site shall be preserved to the maximum extent possible. In some cases, such
as towers sited on larl:le, wooded lots, natural l:lrowth around the property perimeter may
be sufficient buffer. All areas disturbed durinl:l Proiect construction shall be replanted with
ve~letation accordin~l to Section 7.09.00, of this Code.
The County reserves the riRht to require that any new towers be desiRned as a camouflaRe
tower.
Security Fund
Every telecommunications service provider shall establish a cash security fund, or provide the
County with an irrevocable letter of credit in the same amount, to secure the cost of removin~l an
antenna, antenna array, or tower that has been determined to be abandoned under Section
7.10.23(P), in the event the owner fails to comply with the provisions of Section 7.10.23(P). The
amount of the security fund or letter of credit to be provided for each tower shall be fifteen
thousand and 00/100 dollars 15,000.00).
General requirements for the location of new telecommunications towers on County property.
In addition to the other standards of this section, every new telecommunications tower proposed
for location on any property owned, leased, and/or controlled by St. Lucie County shall be subject
to the following! minimum standards:
1_. Lease Required.
Any new construction, installation or placement of a telecommunications facility on any
property owned, leased, and/or controlled by the County shall require a Lease Atqreement
executed by the County and the owner of the facility. The County may require, as a
condition of enterin~l into a Lease Atqreement with a telecommunications services provider,
the dedication of space on the facility for public health and safety purposes, as well as
property improvements on the leased space. Any dedications and improvements shall be
ne!:iotiated prior to execution of the lease.
2_. Inventory of Existin~i Sites Within Search Area.
Each applicant shall review the County's inventory of existinR towers, antennas,
and approved sites within the search area. All requests for sites other than the
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inventory shall include specific information concerning the location, height, and
design of the proposed tower. No new tower which is more than one hundred fifty
(150) feet in height shall be permitted within one mile of an existing tower which
is one hundred fifty (150) feet or more in height unless the applicant demonstrates
to the reasonable satisfaction of the County that no existing tower, structure or
alternative technology that does not require the use of new towers or new
structures can accommodate, or be modified to accommodate the applicant's
proposed antenna. Evidence submitted to demonstrate that no existing tower
structure or alternative technology is suitable may consist of any of the following:
No existing tower or structure located within the search area has the
capacity to provide reasonable technical service, including but not limited
to, applicable FCC coverage requirements.
Existing towers or structures are not of sufficient height to meet applicable
FCC coverage requirements.
Existing towers or structures do not have sufficient structural strength to
support applicant's proposed antenna and related equipment.
The applicant°s proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the
antenna on the existing towers or structures would cause interference with
the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in order
to share an existing tower or structure or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
The applicant demonstrates that there are other limiting factors that render
existing towers or structures unsuitable.
__..%.
The County may share such information as provided in Sections 7.10.23(G)(2)(a)
with other applicants applying for a permitted use on private property and
conditional use under this section or other organizations seeking to locate
antennas within the iudsdiction of the County provided, however, that the County
is not, by shadng such information, in any way representing or warranting that such
information is accurate or that such sites are available or suitable.
Incentive to co-locate facilities on County property.
Pursuant to the intent of this Ordinance, the County shall provide the following incentives
to tenants in order to encourage the co-location of telecommunications facilities:
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Tenants seekinR to co-locate shall not pay rent to the facility owner in excess of
the fair market value for the space, as determined at the time of execution of the
lease.
The County shall receive a percentaRe of the rental fees and permit fees received
by the telecommunications facility operators from each subsequent tenant at a
sinRle telecommunications facility located on public property. Fees for placement,
installation and use of towers and antennas shall be determined by resolution of
the Board.
Inspections, reports, fees, and monitodnl:l.
a_. Telecommunications tower owners shall submit a report to the Community
Development Director certifi/inR structural and electrical inteRrity of the tower every
five years.
The County may conduct pedodic inspections of telecommunications towers, at the
owner's expense, to ensure structural and electrical inteRdty and compliance with
the provision of this Ordinance. The owner of the telecommunications tower may
be required by the County to have more frequent inspections should there be
extraordinary conditions or other reason to believe that the structural and electrical
inteRdty of the tower is jeopardized. There shall be a maximum of one inspection
per year unless extraordinary conditions warrant.
If, upon inspection, the County concludes that a tower fails to comply with such
codes and standards and constitutes a danRer to persons or property, then upon
notice beinR provided to the owner of the tower, the owner shall have thirty (30)
days to brinR such tower into compliance with such standards. If the owner fails
to brin~! such tower into compliance within thirty (30) days, the owner shall remove
of the tower at the owner's expense.
0.._%
No lease or sublease Rranted under this section shall convey any exclusive ri~lht,
pdvileRe, permit or franchise to occupy or use the public lands of the County for
delivery of telecommunications services or any other purpose.
No lease Rranted under this section shall convey any ri~lht, title, or interest in the
public lands other than a leasehold interest, but shall be deemed only to allow the
use of the public lands for the limited purpose and term stated in the lease
a~lreement. No lease Rranted under this section shall be construed as a
conveyance of a fee title interest in the DroDertv.
The Board shall adopt by resolution a standard fee schedule to be used in the
calculation of lease rates for the use of County property for establishinR a
telecommunications tower site.
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Indemnification and insurance requirements
Indemnification
a_. The County shall not enter into any lease a~lreement or otherwise authorize tower
sitinf:l by a telecommunications service provider ~.-. ,r,...v .... ......v..: .... ~.-'-'-*'-'~.._.v_ _.___ ...... _.~ ,r......~ ,-,_~_...,~..
until and unless the County obtains an adequate indemnification from such provider. This
indemnification must at least:
~ Release the County from and a.qainst any and all liability and responsibility
in or arisin~l out of the constructions, operation, or repair of the
telecommunications facility. Each telecommunications facility operator must further
al:lree not to sue or seek any money or damal:les from the County in connection
with the above mentioned matter;
~ Indemnify and hold harmless the County, its elected and appointed
officers, a~lents, servants and employees, from and a~lainst any and all claims,
demands, or causes of action whatsoever kind or nature, and the resultin~l losses,
costs, expenses, reasonable attorney's fees, liabilities, damaaes, orders, iudaments
or decrees, sustained by the County or any third party arisin~l out of, or by reason
of, or resultin~l from, or out of each telecommunications facility operator's, or its
a~lent's, employee's, or servant's ne.qli~ient acts, errors, or omissions; and,
Provide that the covenants and representations relatin~i to the
indemnification provision shall survive the term of any agreement and continue in
full force and effect as to the responsibility of the party to indemnify.
Insurance
a_. The County may not enter into any lease a~reement, or otherwise authorize a
tower site by any telecommunications service provider until and unless the County obtains
assurance that such operator (and those actin~l on its behalf) have adequate insurance as
determined by the County Personnel/Risk Manaf:ler. At a minimum, the followinl:l insurance
requirements shall be satisfied:
(1) A telecommunications facility operator shall not commence construction or
operation of the facility without obtainin~l all insurance required under this section
and approval of such insurance by the County Personnel/Risk Manatqer, nor shall
a telecommunications facility operator allow any contractor or subcontractor to
commence work on its contract or subcontract until all similar such insurance
required of the same has been obtained and approved by the County
Personnel/Risk Mana~ler. The required insurance must be obtained and maintained
for the entire period the telecommunications facility is in existence. If the operator,
its contractors or subcontractors do not have the required insurance, the County
may order such entities to cease operation of the facility until such insurance is
obtained and approved.
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(2) Certificate(s) of such insurance, reflectinR evidence of the required
insurance shall be filed with the County Personnel/Risk ManaRer. For entities that
ara enterinR the market, the certificates shall be filed pdor to the commencement
of construction and once a year thereafter, and as provided below in the event of
a lapse in coveraRe.
(3) The certificate(s) of insurance shall contain a provision that coveraRes
afforded under such policies shalll not be cancelled until at least thirty (30) days
pdor wdtten notice has been Riven to the County. All insurance policies shall be
issued by companies authorized to do business under the laws of the State of
Flodda.
(4) Where applicable, in the event that the insurance certificate provided
indicates that the insurance shall terminate or lapse dudnR the term of the lease
aRreement with the County, then in that event the telecommunications facility
operator shall furnish at least thirty (30) days prior to the expiration of the date of
such insurance, a renewed certificate of insurance as proof that equal and like
coveraRe remains in effect for the balance of the lease term.
A telecommunications facility operator and its contractors or subcontracts enaaaed
in work on the operator's behalf, shall maintain minimum insurance, in the amounts
determined by the County Personnel/Risk Mana~ler, to cover liability, bodily iniury
and property damaRe. The insurance shall cover the followin~l exposures:
premises, operations, and certain contracts. Such coveraRe shall be wdtten on an
occurrence basis and shall also be required under any lease at:lreement between
the County and the telecommunications facility operator.
Telecommunications antennas on existinR structures.
Any telecommunications antenna which is not attached to a tower shall be approved by the
Community Development Director as an accessory use to any commercial, industrial, institutional,
or multi-family structure of three (3) or more stories provided:
The antenna does not extend more than twenty (20) feet above the hiRhest point of the
structure;
The antenna complies with all applicable FCC and FAA reRulations and all applicable
buildinR codes; and,
Wall-mounted antennas shall be located as close as possible but no more than four (4) feet
from the face of the wall of the buildinR to which it is attached. Wall-mounted antennas
shall not exceed fifty (50) square feet per buildinR face excludin~l mountinR.
To minimize adverse visual impacts, antenna types shall be selected based upon the
followin~l priority: (1) camouflaae; (2) whip: (3) panel; and. (4) dish. Any al3plicant for the
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construction of a telecommunications tower shall state in wdtinR why each choice cannot
be used for a particular application if that choice is not the top pdodty.
Roof mounted antennae shall have a vertical clearance to the roof of not less than 10 (ten)
feet.
Antennas on existin~l towers.
An antenna which is attached to an existin~ tower shall be approved provided such co-location is
accomplished in a manner consistent with the followinR:
1. A tower which is modified or constructed to accommodate the co-location of an additional
antenna shall be of the same tower type as the existinl:! tower, unless the Community
Development Director allows reconstruction as a monopole.
An existin~l tower may be modified or rebuilt to a taller heil:lht, to accommodate the co-
location of an additional antenna(s), only if the modification or reconstruction is in full
compliance with the Standard Buildin~l Code. This provision shall include utility and power
poles. This additional height shall not require an additional separation as set forth in
Section 7.10.23.L The pre-modification tower heiRht shall be used to calculate such
distance separations.
A tower which is beinR rebuilt to accommodate the co-location of an additional antenna
may be moved on site within fifty (50) feet of its existinR location, subiect to applicable
setback and separation requirements. A relocated on site tower shall continue to be
measured from the odRinal tower location for purposes of calculatinR separation distances
between towers pursuant to Section 7.10.23.L and shall in no way be deemed to cause a
violation of Section 7.10.23. L. A tower which oreviously received a conditional ute apprgval
may be rebuilt accordina to the conditions under which the conditional use was apprgved.
After the tower is rebuilt to accommodate co-location, only one tower ma,/remain on the
site. The initial tower shall be removed within thirty (30) days of the final inspection for the
new tower.
Rooftop mounted telecommunications towers.
All rooftop towers shall comply with the followin~l requirements:
1. The height of the tower, includinl:l support structures, shall not extend more than fifteen (15)
feet above the avera~le height of the roof line.
Rooftop communication towers shall not adversely affect adiacent properties.
Screening! shall be required to minimize the visual impact upon adiacent properties.
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Setbacks.
The followinR setback requirements shall apply to all telecommunications towers for which a permit
is required:
All telecommunications towers shall be setback from all property lines a minimum distance
of 20% of the heiRht of the tower, or the minimum setback for the zonin~l district, or meet
the fall radius, whichever is Rreater.
The base of any ~lUyS and accessory buildin.qs must satisfy the minimum zoninR district
setback requirements.
Separation
The followintq separation requirements shall apply to all telecommunications towers for which a
buildinR permit is required:
1_. Separation from off-site/desiRnated areas:
a_. Tower separation shall be measured from the base of the tower to the lot line of
the off-site and/or desiRnated areas as specified in Table 7-40, except as otherwise
provided in Table 7-40.
b_. Separation requirements for towers shall comply with the minimum standards
established in Table 7-40.
TABLE 7-40
From habitable residential structure (except for
security residences in IL,IH,and U zonin~
districts)
From vacant residentially zoned land
From non-residentially zoned land and security
residences in IL,IH, and U zoninl:l districts.
750 feet or 100% of tower hei~lht, whichever is
Rreater
500 feet or 100% of tower heiRht,whichever is
~lreater
20% of tower heiRht, zonin~l setback or fall
radius, whichever is ~qreater
The Community Development Director may approve variances from the separation
requirements to habitable residential structures, and to vacant residentially zoned
land, provided that no variance shall permit a separation distance of less than 300
feet.
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The Community Development Director shall not approve a variance except upon
specific written findini:lS of fact based directly upon the particular facts submitted
to him showinR that:
A literal interpretation of the provisions of Table 7-40 would render the
applicant in violation with FCC coveraRe requirements.
The RrantinR of the variance will not be detrimental or injurious to
surroundinR properties, and will not endanRer public safety.
The vadance is the minimum vadance that will make possible reasonable
use of the land, buildin~l, and structures; and
The variance requested arises from a condition that is unique and peculiar
to the land involved and that it is created by the conditions of this Code
and not by the actions of the property owner or applicant.
The Board of Adjustment may approve variances from the separation requirement
to habitable residential structures of less than 300 feet.
Separation distances between telecommunications towers.
a_. The separation distance from other towers described in the inventory of existinR
sites submitted pursuant to Section 7.10.23(G)(2) shall be shown on an updated
site plan or map. The applicant shall also identi~ the type of construction of the
existin~l tower(s) and the owner/operator of the existinR tower(s), if known.
Separation distances between towers shall be applicable for and measured
between the proposed tower and pre-existinR towers. The separation distances
shall be measured by drawin.q or followinR a straiRht line between the center of the
base of the existinR tower and the center of the base of the proposed tower,
pursuant to a site plan.
Each applicant shall review the County's inventory of existinR towers, antennas,
and approved sites within the search area. All requests for sites other than the
inventory shall include specific information concerninR the location, heiRht, and
desitin of the proposed tower. No new tower which is more than )one hundred fifty
(150) feet in heifiht shall be permitted within one mile of an existinR tower which
is one hundred fitty (150) feet or more in hei.qht unless the applicant demonstrates
to the reasonable satisfaction of the County that no existinR tower, structure or
alternative technoloR¥ that does not require the use of new towers or new
structures can accommodate, or be modified to accommodate the applicant's
proposed antenna. Evidence submitted to demonstrate that no existinR tower
structure or alternative technoloRY is suitable may consist of any of the followin.q:
~-~
O
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No existinR tower or structure located within the search area has the
capacity to provide reasonable technical service, includinR but not limited
to, applicable FCC coveraRe requirements.
ExistinR towers or structures are not of sufficient heiRht to meet applicable
FCC coveraRe requirements.
ExistinR towers or structures do not have sufficient structural strenRth to
support applicant's proposed antenna and related equipment.
The applicant's proposed antenna would cause electromaRnetic
interference with the antenna on the existinR towers or structures, or the
antenna on the existinR towers or structures would cause interference with
the applicant's proposed antenna.
The fees, costs, or contractual provisions required by the owner in order
to share an existinR tower or structure or to adapt an existing tower or
structure for shadn~l are unreasonable. Costs exceedin.q new tower
development are presumed to be unreasonable.
The applicant demonstrates that there are other limiting! factors that render
existinR towers or structures unsuitable.
The separation distance of one mile between towers shall not apply to towers
which are or which are proposed to be located as a permitted use within the AG-5,
IL, IH, and U zoninR districts.
The separation distance of one mile between towers shall not apply to properties
that are proposed to be developed as a "telecommunications tower farm", in order
to encouraRe clustednR of telecommunications towers on a sinRle property,
provided that all other setback and separation standards as specified in this
section are met.
BuildinRs and equipment storaRe areas.
It is recoRnized that each telecommunications tower will have some type of associated electronic
support and equipment buildinRs at or near the tower. Dependin~l on the type of tower beinR
erected, the followinR Reneral standards shall apply, in addition to the other .qeneral provisions of
the code.
1_. Rooftop mounted towers shall comply with the followinR requirements:
Rooftop equipment/storaRe cabinets shall not exceed a total of 300 square feet in
area or 25% of the total roof area, whichever is less.
0
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Rooftop equipment/storage cabinets shall be set back a minimum of 15 feet from
the edge of the roof or 1/4 of the distance along the perpendicular axis of the roof,
whichever is less.
All rooftop equipment buildings shall be finished, screened or designed so that
they blend into the architecture of the building on which they are located.
Antennas located on power poles, street lights or other utility poles shall comply with the
followin.q requirements:
Equipment/storage cabinets located on the ground in a public HI:Iht of way shall not
exceed a total of 25 square feet in area.
The maximum height of any equipmentJstoraRe cabinet located on the ground in
a public right of way shall be five (5) feet.
3_. Antennas located on towers shall comply with the following requirements:
a_. Equipment/storage facilities shall not exceed a total of 1500 square feet in area.
Equipment/storage facilities shall comply with the minimum building setback
standards of the zoning distdct in which they are located. This requirement may
be modified by the County to encourage co-location.
All equipment/storage facilities shall be screened in accordance with the general
requirements of Section 7.09.00.
Generators may be used only when other power sources are not available, and as an
emergency back-up power source.
Supplemental review information for telecommunications tower conditional use applications.
In addition to the minimum standards of review set forth in this section, any application for a
conditional use permit for the construction of a telecommunications tower shall address the
following standards and requirements:
Availability of suitable existing towers, other structures, or alternative technologies not
requirin~i the use of towers or structures.
Height of the proposed tower.
Setback and separation distance between the proposed tower and the nearest residential
units, residential distdct boundaries, platted residentially zoned property, where applicable.
4_. Topography of the area where the tower is proposed to be located.
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Type, extent and density of existing native vegetation at the proposed site and the
surrounding tree coverage and foliage.
DesiRn of the tower, with particular reference to desiRn characteristics that have the effect
of reducinR or eliminatinR visual obtrusiveness. CamouflaRe tower designs shall be
encouraRed as meeting this criterion.
7_. Proposed ingress and egress.
Removal of telecommunications towers and antennas.
Any telecommunications tower that is not operated for a continuous pedod of twelve (12) months
shall be considered abandoned, and the owner of such tower shall remove the same within ninety
(90) days of receipt of notice from the County notifying the owner of such abandonment. Failure
to remove an abandoned tower within the ninety (90) days shall be grounds for the County to
remove the tower at the expense of the owner. If there are two (2) or more users of a single tower,
the tower shall not be considered abandoned until all users cease using the tower for a continuous
pedod of twelve (12) months.
Preexisting Telecommunications Towers.
Any telecommunications tower erected before (insert effective date) shall be allowed to continue
usages which existed on this date. Routine maintenance of the tower and its support facilities is
allowed to continue. Any existing tower that does not meet the standards of this section shall not
be required to meet these standards unless and until the tower is proposed for replacement. At the
time any existing telecommunications tower is proposed to be replaced or substantially improved,
then the requirements of this section shall apply.
Inspections, reports, fees, and monitoring.
Telecommunications tower owners shall submit a report to the Community Development
Director certifying structural and electrical integrity of the tower every five (5) years.
The County may conduct periodic inspections of telecommunications towers, at the owner's
expense, to ensure structural and electrical integrity and compliance with the provision of
this Ordinance. The owner of the telecommunications tower may be required by the County
to have more frequent inspections should there be extraordinary conditions or other reason
to believe that the structural and electrical integrity of the tower is jeopardized. There shall
be a maximum of one inspection per year unless extraordinary conditions warrant.
If, upon inspection, the County concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have thirty (30) days to bring such
tower into compliance with such standards. If the owner fails to bring such tower into
compliance within thirty (30) days, the owner shall remove of the tower at the owner's
expense.
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PART C.
CONFLICTING PROVISIONS.
Special acts of the Flodda 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 circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART E.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout the unincorporated areas of St. Lucie County.
PART F.
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, within ten
(10) days after enactment of this ordinance by the Board of County Commissioners.
PART G.
EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Gary D. Charles, Sr.
Vice Chairman Paula A. Lewis
Commissioner Cliff Barnes
Commissioner John D. Bruhn
Commissioner Ken Sattler
AYE
AYE
NO
NO
AYE
Ordinance #97-023.fin Page 34
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PART I. 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 rolettered to accomplish such intention; provided, however, that parts B
through H shall not be codified.
PASSED AND DULY ENACTED this 2nd day of September, 1997
BOARD OF COUNTY COMMISSIONERS ~.
ATTEST: ST. LUCIE COUNTY, FLORIDA .~/:'
Ordinance #97-023.fin Page 35
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ORDINANCE NO. 97-25
AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS"
OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY
TO PROVIDE FOR ASSESSMENT OF ADDITIONAL
COURT COSTS FOR COURT FACILITIES; PROVIDING
FOR CREATING OF SEPARATE COURT FACILITIES
FUNDS FOR FILING CHARGES AND FOR COURT COSTS;
PROVIDING FOR ACCOUNTING TO THE CHIEF JUDGE,
THE BOARD OF COUNTY COMMISSIONERS, AND THE
ADMINISTRATION COMMISSION; PROVIDING FOR
CONFLICTING PROVISIONS, 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 is
authorized pursuant to Chapter 25, Florida Statutes, to provide court facilities; and,
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has
deemed that it is becoming necessary for additional court facilities to be provided; and
WHEREAS, the Florida Legislature created Section 939.18, Florida Statutes which
authorizes a court to assess an additional court cost not to exceed one hundred fifty and 0/100
($150.00) dollars against any defendant pleading guilty, nolo contendere, or adjudicated guilty
of any felony, misdemeanor or criminal traffic offense to assist in providing and maintaining
court facilities.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida
Underlined passages are added.
1
ARTICLE I "In General" of Chapter 1-7 "Courts" of the Code of Ordinances of St.
Lucie County, Florida is amended as follows:
Section 1-7-10. Assessment of additional court costs for court facilities
Pursuant to Section 939.18, a court is authorized to charge an additional amount not to
exceed one hundred fifty and 0/100 ($150.00) dollars in court costs to assist in the cost of
providing and maintaining court facilities in St. Lucie Coun_ty. When assessed, the funds will
be paid to the clerk of the court for St. Lucie County. The clerk of the court will forward, on
a monthly basis, those costs collected pursuant to Section 939.18 to the board of county
commissioners for deposit of said funds into a special and separate account tiffed "Court Facilitie.*-
Fund-Court Costs" as established in Section 1-7-7(b) of the Code.
Section 1-7-7 Disposition of court facilities funds from court filing charges and from court
costs~ Accounting by Clerk of the Court
La) Court Facilities Fund - Filing Charges: All additional costs collected for court
facilities from court filing charges shall be set aside by the clerk in a separate account titled
"Court Facilities Fund - Filing Charges" to be used exclusively for the construction, operation
and maintenance of court facilities as determined by the board of county commissioners.
(b) Court Facilities Fund - Court Costs: All additional costs collected pursuant to
Section 1-7-10 shall be used to provide and maintain court facilities under rules adopted by the
Administration Commission. The clerk of court will keep a record of costs assessed, received
and forwarded to the board of coun _ty commissioners for deposit in the "Court Facility Fund
Court Costs". The clerk of court in her capacity as accountant to the board of county
~+ .... "+'"""'""~ passages are deleted. Underlined passages are added.
2
commissioners, will provide to the chief judge, of the Nineteenth Judicial Circuit, the board of
county commissioners and the Administration Commi.qsion an annual financial report on the
"Court Facilities Fund" outlining the amount of court costs collected, expenditures and earning~
from the investment of said funds.
PART A. 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 B. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provision thereof shall be held to be inapplicable to any person, property,
or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART C. FILING WITIt TItE 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.
0
0
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PART D. EFFECTIVE DATE.
This ordinance shall take effect on
1st day of October , 1997.
............. u,, passages are deleted. Underlined passages are added.
3
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Gary D. Charles, Sr. AYE
Vice Chairman Paula A. Lewis AYE
Commissioner Cliff Barnes
AYE
Commissioner Ken Sattler
AYE
Commissioner John D. Bruhn AYE
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or r, olettered to
accomplish such intention; provided, however, that pans A through F shall no~ ~>e Codified.
PASSED AND DULY ENACTED
ATTEST:
this 2nd day of September,
OSRO OF COUNTY CO Ssi0NERS
ST. LUCIE COUNTY, FL~A,
CHA~dVIAN
APPRovE~ AS TO FO~D
COUNTY A~EY
e* .... ~'*~ ..... ~' passages are deleted. Underlined passages are added.
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ORDINANCE NO. 97-28
AN ORDINANCE AMENDING SECTION 1-18-2
(COMBAT AUTOMOBILE THEFT PROGRAM)
OF CHAPTER 1-18 (SHERIFF) OF THE ST.
LUCIE COUNTY CODE OF ORDINANCES; BY
CHANGING THE NAME OF THE PROGRAM
TO COMBAT AUTO THEFT PROGRAM AND
CHANGING THE COLOR AND INSIGNIA OF
THE DECAL FOR CONSISTENCY;
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 316.008, Florida Statutes, authorizes the County to enact an
ordinance providing for the establishment of a "Combat Automobile Theft" Program and,
due to the excessive number of vehicles stolen in St. Lucie County dudng the hours of
1:00 a.m. and 5:00 a.m.; the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance No. 90-46 on November 20, 1990, in order to deter the
number of automobile thefts.
2. The majority of law enforcement agencies throughout the State of Florida
have changed the name of the Program to the Combat Auto Theft Program and have
also changed the decal color to bdght yellow with a black Florida Panther as the new
insignia.
Underlined passages are added.
1
3. This Board believes that changing the name of the program and decal for
consistency with the majority of law enforcement agencies throughout the State of Florida,
is in the best interest of the public health, safety, and welfare of the citizens of St. Lucie
County, Florida.
PART A. AMENDMENT OF CHAPTER 1-18, SHERIFF
Chapter 1-18 (Sheriff) of the St. Lucie County Code of Ordinances is hereby
amended by amending Section 1-18-2 (Combat Automobile Theft Program) as follows:
CHAPTER 1-18
SHERIFF
Section 1-18.1.
Required to maintain motor vehicle liability
insurance.
The sheriff of the county shall maintain insurance against legal liability for the
death, injury, or disability of any person arising from or in connection with the operation
of any motor vehicle owned, leased or operated by the sheriff of said county, or any of
his employees, to the extent of not less than one hundred thousand dollars ($100,000.00)
bodily injury liability per person; three hundred thousand dollars ($300,000.00) bodily
injury liability per occurrence and fifty thousand dollars ($50,000.00) property damage
liability per accident.
State law reference - Sheriff authorized to secure liability insurance for claims
growing out of performance of duties of the sheriff or his deputies, F.S. Section 30.55.
~* .... ~' *~'""'""~' passages are deleted. Underlined passages are added.
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Section 1-18-2. Combat ~ Auto Theft Program.
(a) Pursuant to Section 316.008(6), Florida Statutes, there is hereby established
a "Combat Aatemebiie Auto Theft" program in the county, which shall be known as
,,r~..,....,,.,.,..,,,;..,. ,.,~,,,.,,....,.."""~'*'" .... '-" "Combat Auto Theft". Such a program shall include:
(1) A consent form to be signed by the motor vehicle owners who
wish to enroll their vehicles; and
(2) Bright yellow decals indicating a vehicles' enrollment in
~ .... ,;,.,. k,,~,~ .... ~' Combat Auto Theft.
(b)
(1)
(2)
(3)
(4)
(5)
The consent form shall:
Explain the general operation of the program;
Provide authorization for a law enforcement officer to stop the
vehicle when it is being driven between the hours of 1:00 a.m.
and 5:00 a.m., provided that a decal is conspicuously affixed
to the bottom left corner of the back window of the vehicle to
provide notice of its enrollment in "Op--.ratlcn,"';'-~'+~'.,~,,,.,,,....,.~'"
Combat Auto Theft;
Explain the procedures which will be followed by a law
enforcement officer making a stop pursuant to the program
and advise the motor vehicle owner of the proper means by
which the driver of the vehicle should cooperate with the law
enforcement officer in such instance;
Provide that the owner of the motor vehicle is responsible for
removing the decal when terminating participation in the
program, or when selling or otherwise transferring ownership
of the program and for notifying the St. Lucie County Sheriff's
Department in writing of said termination;
Clearly provide that participation in r~ .... ,;..... ~,;,.~,,~, .... ~.
Combat Auto Theft is strictly voluntary and may be terminated
at any time; and
e+.,,,.~. ,~. ..... ~, passages are deleted. Underlined passages are added.
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(6)
Include a separate statement to be signed by the owner of the
motor vehicle which indicates that the consent form has been
read and understood in its entirety including the procedures
to be followed in a stop.
(c) "~......,-...-.,,+~"" ,..~,,,.,,....,.~'"'"~'+"' .... ~' Combat Auto Theft may be implemented upon
approval of program materials and procedures, including guidelines and procedures for
making a stop of a vehicle bearing a decal, by the Sheriff and County Attorney. Such
program materials and procedures may be subject to periodic review and approval by the
Sheriff and County Attorney.
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, SEVER.ABILITY 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.
~+ .... ~' +~' ..... ~' passages are deleted. Underlined passages are added.
4
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 upon filing with the Department of State.
PART F. ADOPTION.
After motion and second the vote on this ordinance was as follows:
PART G.
Chairman Gary D. Charles, Sr.
Vice Chairman Paula A. Lewis
Commissioner Cliff Barnes
Commissioner Ken Sattler
Commissioner John D. Bruhn
CODIFICATION.
AYE
AYE
AYE
AYE
AYE
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section", "article",
or other appropriate word, and the sections of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Pads B through G shall
not be codified.
~+ .... ~' +~' ..... ~' passages are deleted. Underlined passages are added.
5
PASSED AND DULY ENACTED this nd day of September, 1997.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. 1.7~/fi COUNTY, FLORIDA
~*~
APPROVgD AS TO FoR~ AND
q;OR~ECTNE ',.~b~/.~i ~. ~
coUNty ~RNEY
~+ .... ~' +~' ..... ~ passages are deleted. Underlined passages are added.
6
ORDINANCE NO. 97-29
AN ORDINANCE GRANTING TO FLORIDA POWER &
LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN
ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO ST. LUCIE COUNTY,
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 97-
18, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Board of County Commissioners of St. Lucie County is the governing body
in and for St. Lucie County (County), a political subdivision of the State of Florida; and
WHEREAS, the Board of County Commissioners is lawfully authorized to enter into non-
exclusive franchise agreements with public utilities defining terms and conditions for the use of
County fights-of-way and other County property for the purpose of supplying electricity and
electric utility related services; and
WHEREAS, Florida Power & Light Company (FPL), a corporation authorized to conduct
business in the State of Florida and St. Lucie County, is a public utility desiring to enter into a
non-exclusive franchise agreement with the County for such purpose; and
WHEREAS, the County desires to grant a non-exclusive franchise to FPL relating to
FPL's use of the County's rights-of-way and other County property for the purpose of supplying
electricity and other electric utility related services within the boundaries of unincorporated St.
Lucie County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that:
Section 1.
in length.
Section 2.
The above recitations are hereby adopted and approved as if set out further
There is hereby granted to Florida Power & Light Company, its successors
and assigns (herein called the "Grantee"), for the period of 30 years from the effective date
hereof, the non-exclusive right, privilege and franchise (herein called "franchise") to construct,
operate and maintain in, under, upon, along, over and across the present and future roads, streets,
alleys, bridges, easements, rights-of-way and other public places (herein called "public rights-of-
way") throughout all of the unincorporated areas, as such unincorporated areas may be constituted
from time to time, of St. Lucie County, Florida, and its successors (herein called the "Grantor"),
in accordance with the Grantee's customary practice with respect to construction and maintenance,
electric light and power facilities, including, without limitation, conduits, poles, wires,
transmission and distribution lines, and all other facilities installed in conjunction with or
ancillary to all of the Grantee's operations (herein called "facilities"), for the purpose of supplying
electricity and other electric utility related services to the Grantor and its successors, the
inhabitants thereof, and persons beyond the limits thereof.
Section 3. The facilities of the Grantee shall be installed, located or relocated so as
to not unreasonably interfere with the travelling public over the public rights-of-way or with
reasonable egress from and ingress to abutting property. To avoid conflicts with the travelling
public, the location or relocation of all facilities shall be made as representatives of the Grantor
may prescribe in accordance with the Grantor's reasonable rules and regulations with reference
to the placing and maintaining in, under, upon, along, over and across said public rights-of-way;
provided, however, that such rules or regulations (a) shall not prohibit the exercise of the
Grantee's right to use said public rights-of-way for reasons other than unreasonable interference
with motor vehicular traffic (b) shall not unreasonably interfere with the Grantee's ability to
furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and
(c) shall not require the relocation of any of the Grantee's facilities installed before or after the
effective date hereof in public rights-of-way unless or until widening or otherwise changing the
configuration of the paved portion of any public right-of-way used by motor vehicles causes
such installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and
regulations shall recognize that above-grade facilities of the Grantee installed after the effective
date hereof will be installed near the outer boundaries of the public rights-of-way to the extent
possible. When any portion of a public right-of-way is excavated by the Grantee during the
location or relocation of any of its facilities, the portion of the public right-of-way so excavated
shall within 30 days following completion of the Grantee's construction, or within a reasonable
time under circumstances beyond the Grantee's control, be replaced by the Grantee at its expense,
in as good a condition as it existed at the time prior to such excavation. The Grantor shall not
be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's
facilities required under subsection (c) of this Section, except, however, the Grantee shall be
entitled to reimbursement of its costs from others and as may be provided by law.
Section 4. The Grantor shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance by the Grantee of its
facilities hereunder, and the acceptance of this franchise by the Grantee shall constitute the
consideration for an agreement on the part of the Grantee to indemnify the Grantor and hold it
harmless against any and all liability, loss, cost, damage or expense which may accrue to the
Grantor by reason of any negligence, default or misconduct of the Grantee in the construction,
operation or maintenance of its facilities hereunder.
Section 5. All rates, rules and regulations established by the Grantee from time to time
shall be subject to such regulation as may be provided by law.
Section 6. As a consideration for this franchise, the Grantee shall pay to the Grantor, no
later than 90 days after the effective date hereof, and each month thereafter during the term of
this franchise, an amount which added to the amount of all licenses, excises, fees, charges and
other impositions of any kind whatsoever (except ad valorem property taxes, non-ad valorem
assessments on property, radiological emergency preparedness costs paid to or for the benefit of
the Grantor pursuant to Section 252.60, Florida Statutes, and any charges to the Grantee for
accepting wastewater pursuant to the the Agreement between the Grantor and Grantee dated
August 17, 1993), levied or imposed by the Grantor against the Grantee's property, business or
operations and those of its subsidiaries during the Grantee's monthly billing period ending 60
days prior to each such payment will equal 5 percent of the Grantee's billed revenues, less actual
write-offs, from the sale of electrical energy to residential, commercial and industrial customers
within the unincorporated areas of the Grantor for the monthly billing period ending 60 days prior
to each such payment, and in no event shall payment for the rights and privileges granted herein
exceed 5 percent of such revenues for any monthly billing period of the Grantee; provided,
however, that the Grantee shall be permitted to reduce by one-half of one percent the amount of
each such monthly payment.
Section 7. As a further consideration, during the term of this franchise or any
extension thereof, the Grantor agrees (a) not to engage in the distribution and/or sale, in
competition with the Grantee, of electric capacity and/or energy to any ultimate consumer of
electric utility service (herein called a "retail customer") or to any electrical distribution system
established solely to serve any retail customer formerly served by the Grantee, (b) not to
participate in any proceeding or contractual arrangement the purpose or terms of which would
be to obligate the Grantee to transmit and/or distribute, electric capacity and/or energy from any
person to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit
and/or distribute electric capacity and/or energy generated by or on behalf of the Grantor at one
location to the Grantor's facility(ies) at any other location(s). Nothing herein shall prohibit the
Grantor from engaging with other persons in wholesale transactions which are subject to the
provisions of the Federal Power Act.
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric
capacity and/or energy from any other person, or (ii) from seeking to have the Grantee transmit
and/or distribute to any facility(ies) of the Grantor electric capacity and/or energy purchased by
the Grantor from any other person; provided, however, that before the Grantor elects to purchase
electric capacity and/or energy from any other person for consumption in any facility(ies) being
served by the Grantee before such election, the Grantor shall notify the Grantee in writing. Such
notice shall include a summary of the specific rates, terms and conditions which have been
offered by the other person and identify the Grantor's facilities to be served under the offer. The
Grantee shall thereafter have 90 days to evaluate the other person's offer and, if the Grantee
offers to the Grantor rates, terms and conditions for such purchase that are as or more financially
advantageous to the Grantor as or than those of the other person's offer, the Grantor shall be
obligated to continue to purchase electric capacity and/or energy from the Grantee to serve the
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Grantor's identified facilities for a term no shorter than that offered by the other person, and per
the new rates, terms and conditions as proposed by the Grantee.
Section 8. If the Grantor grants a fight, privilege or franchise to any other person or
otherwise enables any other such person to construct, operate or maintain electric light and power
facilities within any part of the unincorporated areas of the Grantor in which the Grantee may
lawfully serve or compete on terms and conditions which the Grantee determines are more
favorable than the terms and conditions contained herein, the Grantee may at any time thereafter
terminate this franchise if such terms and conditions are not remedied within the time period
provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice
of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for
the Grantee herein, advise the Grantor of such terms and conditions that it considers more
favorable. The Grantor shall then have 60 days in which to remedy the terms and conditions
complained of by the Grantee. If the Grantee determines that such terms or conditions are not
remedied by the Grantor within said time period, the Grantee may terminate this agreement by
delivering written notice to the County Administrator of the Grantor and termination shall be
effective on the date of delivery of such notice.
Section 9. If as a direct or indirect consequence of any legislative, regulatory or other
action by the United States of America or the State of Florida (or any department, agency,
authority, instrumentality or political subdivision of either of them) any person is permitted to
provide electric service within the unincorporated areas of the Grantor to a customer then being
served by the Grantee, or to any new applicant for electric service within any part of the
unincorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee
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determines that its obligations hereunder, or otherwise resulting from this franchise in respect to
rates and service, place it at a competitive disadvantage with respect to such other person, the
Grantee may, at any time after the taking of such action, terminate this franchise if such
competitive disadvantage is not remedied within the time period provided hereafter. The Grantee
shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such
notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the
Grantor with particularity of the consequences of such action which resulted in the competitive
disadvantage. The Grantor shall then have 90 days in which to remedy the competitive
disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time
period, the Grantee may terminate this agreement by delivering written notice to the County
Administrator of the Grantor and termination shall take effect on the date of delivery of such
notice.
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Section 10. Failure on the part of the Grantee to comply in any substantial respect with
any of the provisions of this franchise shall be grounds for forfeiture of this franchise, but no
such forfeiture shall take effect if the reasonableness or propriety thereof is lawfully protested by
the Grantee until there is final determination (after the expiration or exhaustion of all rights of
appeal) by a court of competent jurisdiction that the Grantee has failed to comply in a substantial
respect with any of the provisions of this franchise, and the Grantee shall have 180 days after
such final determination to correct the default before a forfeiture shall result with the right in the
Grantor at its discretion to grant such additional time to the Grantee for compliance as necessities
in the case require. During the pendency of any such lawful protest by the Grantee under this
Section 10, the Grantee shall continue to make payments as provided for in Section 6 unless or
7
until (a) a forfeiture results or (b) the Grantee's obligation to make such payments is altered or
eliminated by any other provision of this franchise agreement.
Section 11. Failure on the part of the Grantor to substantially comply with any of the
provisions of this ordinance, including: (a) denying the Grantee use of public fights-of-way for
reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions
for use of public fights-of-way contrary to Florida law or the terms and conditions of this
franchise; (c) unreasonable delay in issuing the Grantee a use permit, if required, to construct its
facilities in public rights-of-way, shall constitute breach of this franchise. The Grantee shall
notify the Grantor of any such breach in writing and the Grantor shall remedy such breach as
soon as practicable, taking into account the Grantee's obligations to provide reasonably sufficient,
adequate and efficient service to its customers, and otherwise within no later than 30 days.
Should the breach not be remedied within the appropriate period specified, the Grantee shall be
entitled to withhold up to a maximum of 50 percent of the payments provided for in Section 6
hereof until such time as a use permit is issued by the Grantor or a court of competent
jurisdiction has reached a final determination with respect to the issues(s) in dispute. In the event
that such final determination by the court is in favor of the Grantor as to such issue(s) in dispute,
the Grantee shall promptly remit to the Grantor all payments withheld hereunder, together with
simple interest for the period withheld at the annual rate published in the Wall Street Journal in
the "500 Municipal Bond Index." The Grantor recognizes and agrees that nothing in this
franchise constitutes or shall be deemed to constitute a waiver of the Grantee's delegated
sovereign fight of condemnation and that the Grantee, in its sole discretion, may exercise such
right.
Section 12. The Grantor may, upon reasonable notice and within 90 days after each
anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee
relating to the calculation of the franchise payment for the year preceding such anniversary date.
Such examination shall be made during normal business hours at the Grantee office where such
records are maintained. Records not prepared by the Grantee in the ordinary course of business
may be provided at the Grantor's expense and as the Grantor and as the Grantee may agree in
writing. Information identifying the Grantee's customers by name or their electric consumption
shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit
findings, whether they decrease or increase payment to the Grantor, shall be reported to the
Grantee. The Grantor's right to examine the records of the Grantee in accordance with this
section shall not be conducted by any third party employed by the Grantor whose fee for
conducting such audit is contingent on findings of the audit.
Section 13. The provisions of this ordinance are interdependent upon one another, and
if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of
no effect by a court of competent jurisdiction (after the expiration of all fights of appeal), the
entire ordinance shall then be null and void and of no force or effect.
_Section 14. As used herein "person" means an individual, a partnership, a corporation,
a business trust, a joint stock company, a trust, an unincorporated association, a joint venture, a
governmental authority or any other entity of whatever nature.
..Section 15. Ordinance No. 97-18 is hereby repealed and all other ordinances and parts
of ordinances in conflict herewith are hereby repealed to the extent that they may conflict with
the terms and provisions herein.
9
Section 16. A certified copy of this ordinance shali':'b~'ifii~d
Florida Department of State within 10 days after its enactment. As a condition precedent to the
taking effect of this ordinance, the Grantee shall file its written acceptance hereof with the
Grantor's Clerk within 30 days after the adoption of this ordinance with a copy to the Chairman
of the Board of County Commissioners and the County Attorney. The effective date of this
ordinance shall then be the date upon which the Grantee files such written acceptance with the
Clerk of the Board of County Commissioners.
DULY ENACTED in regular session this 23rd day of September; 1'99,7.'.'
ATTEST:
--"'- ~ l~epUty Clerk - d- -~/
OAlm OF CO[ rV
ST. LUCIE COUNTY, ZFLORIDA
!
~hairman
· 7
10
ORDINANCE NO. 9%30
AN ORDINANCE GRANTING TO FORT PIERCE
UTILITIES AUTHORITY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR
MONTHLY PAYMENTS TO ST. LUCIE COUNTY,
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 97-
19, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Board of County Commissioners of St. Lucie County is the governing body
in and for St. Lucie County (County), a political subdivision of the State of Florida; and
WHEREAS, the Board of County Commissioners is lawfully authorized to enter into non-
exclusive franchise agreements with public utilities defining terms and conditions for the use of
County rights-of-way and other County property for the purpose of supplying electricity and
electric utility related services; and
WHEREAS, Fort Pierce Utilities Authority (FPUA), a corporation authorized to conduct
business in the State of Florida and St. Lucie County, is a public utility desiring to enter into a
non-exclusive franchise agreement with the County for such purpose; and
WHEREAS, the County desires to grant a non-exclusive franchise to FPUA relating to
FPUA's use of the County's rights-of-way and other County property for the purpose of supplying
electricity and other electric utility related services within the boundaries of unincorporated St.
Lucie County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that:
Section 1.
in length.
Section 2.
The above recitations are hereby adopted and approved as if set out further
Thoro is hereby granted to Fort Pierce Utilities Authority, its successors and
assigns (herein called the "Grantee"), for the period of 30 years from the effective date hereof,
the non-exclusive fight, privilege and franchise (herein called "franchise") to construct, operate
and maintain in, under, upon, along, over and across the present and future roads, streets, alleys,
bridges, easements, fights-of-way and other public places (herein called "public rights-of-way")
throughout all of the unincorporated areas, as such unincorporated areas may be constituted from
time to time, of St. Lucie County, Florida, and its successors (herein called the "Grantor"), in
accordance with the Grantee's customary practice with respect to construction and maintenance,
electric light and power facilities, including, without limitation, conduits, poles, wires,
transmission and distribution lines, and all other facilities installed in conjunction with or
ancillary to all of the Grantee's operations (herein called "facilities"), for the purpose of supplying
electricity and other electric utility related services to the Grantor and its successors, the
inhabitants thereof, and persons beyond the limits thereof.
Section 3. The facilities of the Grantee shall be installed, located or relocated so as
to not unreasonably interfere with the travelling public over the public rights-of-way or with
reasonable egress from and ingress to abutting property. To avoid conflicts with the travelling
public, the location or relocation of all facilities shall be made as representatives of the Grantor
may prescribe in accordance with the Grantor's reasonable rules and regulations with reference
to the placing and maintaining in, under, upon, along, over and across said public rights-of-way;
provided, however, that such rules or regulations (a) shall not prohibit the exercise of the
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Grantee's right to use said public rights-of-way for reasons other than unreasonable interference
with motor vehicular traffic (b) shall not unreasonably interfere with the Grantee's ability to
furnish reasonably sufficient, adequate and efficient electric service to all of its customers, and
(c) shall not require the relocation of any of the Grantee's facilities installed before or after the
effective date hereof in public fights-of-way unless or until widening or otherwise changing the
configuration of the paved portion of any public fight-of-way used by motor vehicles causes
such installed facilities to unreasonably interfere with motor vehicular traffic. Such rules and
regulations shall recognize that above-grade facilities of the Grantee installed after the effective
date hereof will be installed near the outer boundaries of the public rights-of-way to the extent
possible. When any portion of a public fight-of-way is excavated by the Grantee during the
location or relocation of any of its facilities, the portion of the public right-of-way so excavated
shall within 30 days following completion of the Grantee's construction, or within a reasonable
time under circumstances beyond the Grantee's control, be replaced by the Grantee at its expense~
in as good a condition as it existed at the time prior to such excavation. The Grantor shall not
be liable to the Grantee for any cost or expense in connection with any relocation of the Grantee's
facilities required under subsection (c) of this Section, except, however, the Grantee shall be
entitled to reimbursement of its costs from others and as may be provided by law.
Section 4. The Grantor shall in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or maintenance by the Grantee of its
facilities hereunder, and the acceptance of this franchise by the Grantee shall constitute the
consideration for an agreement on the part of the Grantee to indemnify, subject to the provisions
of Section 768.28, Florida Statutes, the Grantor and hold it harmless against any and all liability,
CZ>
loss, cost, damage or expense which may accrue to the Grantor by reason of any negligence,
default or misconduct of the Grantee in the construction, operation or maintenance of its facilities
hereunder.
Section 5. All rates, rules and regulations established by the Grantee from time to time
shall be subject to such regulation as may be provided by law.
Section 6. As a consideration for this franchise, the Grantee shall pay to the Grantor, no
later than 90 days after the effective date hereof, and each month thereafter during the term of
this franchise, an amount which added to the amount of all licenses, excises, fees, charges and
other impositions of any kind whatsoever (except ad valorem property taxes, and non-ad valorem
assessments on property), levied or imposed by the Grantor against the Grantee's property,
business or operations and those of its subsidiaries during the Grantee's monthly billing period
ending 60 days prior to each such payment will equal 5 percent of the Grantee's billed revenues,
less actual write-offs, from the sale of electrical energy to residential, commercial and industrial
customers within the unincorporated areas of the Grantor for the monthly billing period ending
60 days prior to each such payment, and in no event shall payment for the rights and privileges
granted herein exceed 5 percent of such revenues for any monthly billing period of the Grantee;
provided, however, that the Grantee shall be permitted to retain one-half of one percent of the
amount of each such monthly payment.
Section 7. As a further consideration, during the term of this franchise or any
extension thereof, the Grantor agrees (a) not to engage in the distribution and/or sale, in
competition with the Grantee, of electric capacity and/or energy to any ultimate consumer of
electric utility service (herein called a "retail customer") or to any electrical distribution system
0
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established solely to serve any retail customer formerly served by the Grantee, (b) not to
participate in any proceeding or contractual arrangement the purpose or terms of which would
be to obligate the Grantee to transmit and/or distribute, electric capacity and/or energy from any
person to any other retail customer's facility(ies), and (c) not to seek to have the Grantee transmit
and/or distribute electric capacity and/or energy generated by or on behalf of the Grantor at one
location to the Grantor's facility(ies) at any other location(s). Nothing herein shall prohibit the
Grantor from engaging with other persons in wholesale transactions which are subject to the
provisions of the Federal Power Act.
Nothing herein shall prohibit the Grantor, if permitted by law, (i) from purchasing electric
capacity and/or energy from any other person, or (ii) from seeking to have the Grantee transmit
and/or distribute to any facility(les) of the Grantor electric capacity and/or energy purchased by
the Grantor from any other person; provided, however, that before the Grantor elects to purchase
electric capacity and/or energy from any other person for consumption in any facility(ies) being
served by the Grantee before such election, the Grantor shall notify the Grantee in writing. Such
notice shall include a summary of the specific rates, terms and conditions which have been
offered by the other person and identify the Grantor's facilities to be served under the offer. The
Grantee shall thereafter have 90 days to evaluate the other person's offer and, if the Grantee
offers to the Grantor rates, terms and conditions for such purchase that are as or more financially
advantageous to the Grantor as or than those of the other person's offer, the Grantor shall be
obligated to continue to purchase electric capacity and/or energy from the Grantee to serve the
Grantor's identified facilities for a term no shorter than that offered by the other person, and per
the new rates, terms and conditions as proposed by the Grantee.
Section 8. If the Grantor grants a right, privilege or franchise to any other person or
otherwise enables any other such person to construct, operate or maintain electric light and power
facilities within any part of the unincorporated areas of the Grantor in which the Grantee may
lawfully serve or compete on terms and conditions which the Grantee determines are more
favorable than the terms and conditions contained herein, the Grantee may at any time thereafter
terminate this franchise if such terms and conditions are not remedied within the time period
provided hereafter. The Grantee shall give the Grantor at least 60 days advance written notice
of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for
the Grantee herein, advise the Grantor of such terms and conditions that it considers more
favorable. The Grantor shall then have 60 days in which to remedy the terms and conditions
complained of by the Grantee. If the Grantee determines that such terms or conditions are not
remedied by the Grantor within said time period, the Grantee may terminate this agreement by
delivering written notice to the County Administrator and termination shall be effective on the
date of delivery of such notice.
Section 9. If as a direct or indirect consequence of any legislative, regulatory or other
action by the United States of America or the State of Florida (or any department, agency,
authority, instrumentality or political subdivision of either of them) any person is permitted to
provide electric service within the unincorporated areas of the Grantor to a customer then being
served by the Grantee, or to any new applicant for electric service within any part of the
unincorporated areas of the Grantor in which the Grantee may lawfully serve, and the Grantee
determines that its obligations hereunder, or otherwise resulting from this franchise in respect to
rates and service, place it at a competitive disadvantage with respect to such other person, the
0
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Grantee may, at any time after the taking of such action, terminate this franchise if such
competitive disadvantage is not remedied within the time period provided hereafter. The Grantee
shall give the Grantor at least 90 days advance written notice of its intent to terminate. Such
notice shall, without prejudice to any of the rights reserved for the Grantee herein, advise the
Grantor with particularity of the consequences of such action which resulted in the competitive
disadvantage. The Grantor shall then have 90 days in which to remedy the competitive
disadvantage. If such competitive disadvantage is not remedied by the Grantor within said time
period, the Grantee may terminate this agreement by delivering written notice to the County
Administrator.
Section 10. Failure on the part of the Grantee to comply in any substantial respect with
any of the provisions of this franchise shall be grounds for forfeiture, but no such forfeiture shall
take effect if the reasonableness or propriety thereof is lawfully protested by the Grantee until
there is final determination (after the expiration or exhaustion of all rights of appeal) by a court
of competent jurisdiction that the Grantee has failed to comply in a substantial respect with any
of the provisions of this franchise, and the Grantee shall have 180 days after such final
determination to correct the default before a forfeiture shall result with the right in the Grantor
at its discretion to grant such additional time to the Grantee for compliance as necessities in the
case require. During the pendency of any such lawful protest by the Grantee under this Section
10, the Grantee shall continue to make payments as provided for in Section 6 unless or until (a)
forfeiture results or (b) the Grantee's obligation to make such payments is altered or eliminated
by any other provision of this franchise agreement.
7
Section 11. Failure on the part of the Grantor to substantially comply with any of the
provisions of this ordinance, including: (a) denying the Grantee use of public rights-of-way for
reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions
for use of public rights-of-way contrary to l~lorida law or the terms and conditions of this
franchise; (c) unreasonable delay in issuing the Grantee a use permit, if required, to construct its
facilities in public rights-of-way, shall constitute breach of this franchise. The Grantee shall
notify the Grantor of any such breach in writing and the Grantor shall remedy such breach as
soon as practicable, taking into account the Grantee's obligations to provide reasonably sufficient,
adequate and efficient service to its customers, and otherwise within no later than 30 days.
Should the breach not be remedied within the appropriate period specified, the Grantee shall be
entitled to withhold up to a maximum of 50 percent of the payments provided for in Section 6
hereof until such time as a use permit is issued by the Grantor or a court of competent
jurisdiction has reached a final determination with respect to the issues(s) in dispute. In the event
that such final determination by the court is in favor of the Grantor as to such issue(s) in dispute,
the Grantee shall promptly remit to the Grantor all payments withheld hereunder, together with
simple interest for the period withheld at the annual rate published in the Wall Street Journal in
the "500 Municipal Bond Index." The Grantor recognizes and agrees that nothing in this
franchise constitutes or shall be deemed to constitute a waiver of the Grantee's delegated
sovereign right of condemnation and that the Grantee, in its sole discretion, may exercise such
right.
Section 12. The Grantor may, upon reasonable notice and w/thin 90 days after each
anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee
0
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relating to the calculation of the franchise payment for the year preceding such anniversary date.
Such examination shall be made during normal business hours at the Grantee's office where such
records are maintained. Records not prepared by the Grantee in the ordinary course of business
may be provided at the Grantor's expense and as the Grantor and as the Grantee may agree in
writing. Information identifying the Grantee's customers by name or their electric consumption
shall not be taken from the Grantee's premises. Such audit shall be impartial and all audit
findings, whether they decrease or increase payment to the Grantor, shall be reported to the
Grantee. The Grantor's right to examine the records of the Grantee in accordance with this
section shall not be conducted by any third party employed by the Grantor whose fee for
conducting such audit is contingent on findings of the audit.
Section 13. The provisions of this ordinance are interdependent upon one another, and
if any of the provisions of this ordinance are found or adjudged to be invalid, illegal, void or of
no effect by a court of competent jurisdiction (after the expiration of all fights of appeal), the
entire ordinance shall then be null and void and of no force or effect.
Section 14. As used herein "person" means an individual, a partnership, a corporation,
a business trust, a joint stock company, a trust, an unincorporated association, a joint venture, a
governmental authority or any other entity of whatever nature.
Section 15. Ordinance No. 97-19 is hereby repealed and all other ordinances and parts
of ordinances in conflict herewith are hereby repealed to the extent that they may conflict with
the terms and provisions herein.
Section 16. A certified copy of this ordinance shall be filed by the Grantor with the
Florida Department of State within 10 days after its enactment. As a condition precedent to the
9
taking effect of this Ordinance, the Grantee shall file its written acceptance hereof with the
Grantor's Clerk within 30 days after the adoption of this ordinanco, with a copy to the Chairman
of the Board of County Commissioners and the County Attorney. The effective date of this
ordinance shall then be the date upon which the Grantee files such written acceptance with the
Clerk of the Board of County Commissioners.
DULY ENACTED in regular session this 23rd day of September, 1997.
ATTEST:
'l~e~ty Clerk 0
BOARD OF COUNTY COMMIS~IO/qERS
ST. LUCIE COUNTY, FLORI~
' (-~hairman
APPROVEI~ AS TO FORM AND
CORRECTNESS:
10
ORDINANCE NO. 97-31
AN ORDINANCE REPEALING ORDINANCE NO. 97-11 IN ITS
ENTIRETY WHICH IMPOSED A SlX (6%) PERCENT PRIVILEGE
FEE ON ALL ELECTRIC COMPANIES WITH FACILITIES IN
COUNTY RIGHTS-OF-WAY IN THE UNINCORPORATED
COUNTY; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND APPLICABILITY;
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 June 17, 1997, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance No. 97-11 which imposed a six (6%) percent privilege fee on all
electric companies with facilities in County rights-of-way in the unincorporated County; and,
2. Ordinance No. 97-11 is not effective upon any electric utility operating in the
County that has entered into a mutually agreed upon franchise agreement between the County and
said electric utility or upon any new electric utility that enters into a mutually agreed upon
franchise agreement between the County and said new electric utility; and,
3. It is in the best interest of the citizens of St. Lucie County to repeal, in its entirety,
Ordinance No. 97-11.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. Ordinance No. 97-11 which was adopted by the Board of County Commissioners
of St. Lucie County, Florida, on June 17, 1997, and recorded in the public records of St. Lucie
County at Official Records Book 1084, at Page 2283 through Page 2298, is hereby repealed in
its entirety.
PART B. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provision thereof shall be held to be inapplicable to any person, property,
or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART C. FILING WITH THE DEPARTMENT OF STATE.
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 D. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Office of Secretary of State.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was by extraordinary vote as follows:
Chairman Gary D. Charles, Sr.
Vice Chairman Paula A. Lewis
Commissioner Cliff Barnes
Commissioner John D. Bruhn
AYE
AYE
AYE
NAY
Commissioner Ken Sattler
NAY
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other
appropriate word and the
sections of this Ordinance may
be renumbered or relettered to
accomplish such intention; provided, however, that Parts B through F shall not be d'odified.
PASSED AND DULY ADOPTED this 23rd day of September. 1997.
ATTEST:
BOARD OF COUNTY COMMIS~S'IONE~S
ST. LUCIE COUNTY, FLORIDa', ' "~
APPROVED AS TO FORM AND ~
~CTNESS .-
BY
the,~i~cUit
Court - St.
Lucie County
PAGE 2877
JoAnne Holman, Clerk of
File Number: 1586393 OR BOOK
Recorded: 10-20-97 10: 0'] A-N*-NCE-ORDINA
NO.
1104
97-32
AN ORDINANCE AMENDING SECTION 1-2.$-10 (SAME-
TERM; FEE; NONTRANSFERABLE) OF CHAPTER 1-2.5
(ALARM SYSTEMS) OF THE CODE OF ORDINANCES OF
ST. LUClE COUNTY, FLORIDA, TO ALLOW THE TAX
COLLECTOR THE OPTION TO CHARGE THE ALARM
PERMIT FEE; 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
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Pursuant to Section 125.01, Florida Statutes, the Board has the authority
to regulate burglar, holdup, and fire alarm systems and its users.
2. On November 17, 1987, the Board of County Commissioners of St. Lucie
County, Florida, adopted Ordinance No. 87-44 known as the St. Lucie County Alarm
Systems Ordinance.
3. In order to allow the Tax Collector the option to charge the alarm permit fee,
it is necessary to amend Section 1-2.5-10 (Same-Term; fee, nontransferable) of Chapter
1-2.5 (Alarm Systems) of the Code of Ordinances 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 1-2.5-10 (SAME-TERM; FEE;
OF CHAPTER 1-2.5 (ALARM
NONTRANSFERABLE)
SYSTEMS).
e* .... ~' thrcugh passages are deleted.
Underlined passages are added.
1
OR BOOK 1104 PAGE 2878
Section 1-2.5-10 (Same-term; fee; nontransferable) of Chapter 1-2.5 (Alarm
Systems) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to
read as follows:
CHAPTER 1-2.$
ALARM SYSTEMS
Section 1-2.5-10. Same-Term; fee; nontransferable.
(a) An alarm permit shall have such a term of three (3) years from date of
issuance, such term to begin October 1 and end September 30. Any alarm permit issued
after October 1 will be valid for the following two (2) years through September 30.
(b) A ten dollar ($10.00) fee shal~ may be charged to the alarm user by the
~ tax collector for each permit issued, including successive renewal permits, to
defray the cost of regulation.
(c) Any alarm permit issued pursuant to this chapter shall not be transferable
or assignable and shall cover only one (1) building or premises.
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, 1;)6;), 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
...,~+ .... ...,.~' +~'., ,, ..... ...~,~', passages are deleted. Underlined passages are added.
2
OR BOOK 21. 1 0 4
.~GE 2 8 7 9
unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
PART D. FILING WITH 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 filing with the Department of State.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
PART G.
Chairman Gary D. Charles, Sr.
Vice Chairman Paul A. Lewis
Commissioner Cliff Barnes
Commissioner Ken Sattler
Commissioner John D. Bruhn
CODIFICATION.
AYE
AYE
AYE
AYE
AYE
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section," "article"
or other appropriate word, and the section of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Parts B through G shall
~+ .... ~' ~' ..... ~' passages are deleted. Underlined passages are added.
3
O'R BOOK 1104
]E 2880
not be codified.
PASSED AND DULY ADOPTED this 7th day of October, 1997..?
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUClE COUNTY, FLORIDA
APPROVED AS TO FORM AND
I~ORR~CTN ES,~F'~
~+ .... ~' ~"'" .... ~' passacjes are deleted. Underlined passables are added.
4
JoAnne Holman, Clef'~
File Number: 15
Recorded: 10-21-97
of_t~B Circuit Court - St
708 OR BOOK 1 lC
11:57 A.M.
',ucie County
PAGE 1 0 5 3
ORDINANCE NO. 97-32
AN ORDINANCE AMENDING SECTION 1-2.5-10 (SAME-
TERM; FEE; NONTRANSFERABLE) OF CHAPTER 1-2.5
(ALARM SYSTEMS) OF THE CODE OF ORDINANCES OF
ST. LUClE COUNTY, FLORIDA, TO ALLOW THE TAX
COLLECTOR THE OPTION TO CHARGE THE ALARM
PERMIT FEE; 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
PROVIDING FOR CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. Pursuant to Section 125.01, Florida Statutes, the Board has the authority
to regulate burglar, holdup, and fire alarm systems and its users.
2. On November 17, 1987, the Board of County Commissioners of St. Lucie
County, Florida, adopted Ordinance No. 87-44 known as the St. Lucie County Alarm
Systems Ordinance.
3. In order to allow the Tax Collector the option to charge the alarm permit fee,
it is necessary to amend Section 1-2.5-10 (Same-Term; fee, nontransferable) of Chapter
1-2.5 (Alarm Systems) of the Code of Ordinances 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 1-2.5-10 (SAME-TERM; FEE;
NONTRANSFERABLE) OF CHAPTER 1-2.5 (ALARM
SYSTEMS).
........... =., passages are deleted.
Underlined passages are added.
1
OR BOOK 1105 PAGE 1054
Section 1-2.5-10 (Same-term; fee; nontransferable) of Chapter 1-2.5 (Alarm
Systems) of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to
read as follows:
CHAPTER 1-2.$
ALARM SYSTEMS
Section 1-2.5-10. Same-Term; fee; nontransferable.
(a) An alarm permit shall have such a term of three (3) years from date of
issuance, such term to begin October 1 and end September 30. Any alarm permit issued
after October I will be valid for the following two (2) years through September 30.
(b) A ten dollar ($10.00) fee shall may be charged to the alarm user by the
eeunty tax collector for each permit issued, including successive renewal permits, to
defray the cost of regulation.
(c) Any alarm permit issued pursuant to this chapter shall not be transferable
or assignable and shall cover only one (1) building or premises.
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
e~ .... ~' ~' ..... ~' passages are deleted. Underlined passages are added.
2
OR BOOK ll~5 PAGE ~055
unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
PART D, FILING WITH 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 filing with the Department of State.
PART F, ADOPTION,
After motion and second, the vote on this ordinance was as follows:
PART G.
Chairman Gary D. Charles, Sr.
Vice Chairman Paul A. Lewis
Commissioner Cliff Barnes
Commissioner Ken Sattler
Commissioner John D. Bruhn
CODIFICATION.
AYE
AYE
AYE
AYE
AYE
Provisions of this ordinance shall be incorporated in the Code of Ordinances of St.
Lucie County, Florida, and the word "ordinance" may be changed to "section," "article"
or other appropriate word, and the section of this ordinance may be renumbered or
relettered to accomplish such intention; provided, however, that Parts B through G shall
~, .... ~,~, .... ,,h passages are deleted. Underlined passages are added.
3
OR BOOK 3_ 3_ 0 ~, PAGE 3- 0 5 6
not be codified.
PASSED AND DULY ADOPTED this 7th day of October, ~1'997.
ATTEST:
BOARD OF COUNTY cOMMisSIONERS
ST. LUCIE COUNTY, F~ORIDA
0 'CHAIRMAN
APPROV,I~D AS TO FORM AND
d%~~° ORRECTNES ·
/CO U'N'TY~~~ RN EY
e+ .... ~ *~'""'"~' passages are deleted. Underlined passages are added.
4
ORDINANCE NO. 97-43
AN ORDINANCE AMENDING ARTICLE IV
"PURCHASING" OF CHAPTER 1-2 "ADMINISTRATION"
OF TltE CODE OF ORDINANCES OF ST. LUCIE COUNTY
BY AMENDING SECTION 1-2-41 (COMPETITIVE BlDDING
WHEN REQUIRED FOR COUNTY PURCHASES;
EXCEPTIONS) TO CLARIFY THAT ALL PURCHASING
REQUIREMENTS INCLUDING THOSE RELATED TO
COMPETITIVE BIDDING REQUIREMENTS SHALL BE
SET FORTH IN THE COUNTY PURCHASING MANUAL;
PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR CODIFICATION.
WHEREAS, on September 25, 1985, the Board of County Commissioners for St. Lucie
County (the "Board") adopted Ordinance No. 85-06 which added Article IV (Purchasing) to
Chapter 1-2 (Administration) of the Code of Ordinance for St. Lucie County (the "Code") and
thereby established the St. Lucie County Purchasing Department and among other things,
provided for the adoption by the Board of a Purchasing Manual (Section 1-2-30 of the Code) to
regulate County purchasing and provided specific competitive bidding requirements for County
purchases (Section 1-2-41 of the Code); and
WHEREAS, since the adoption of Ordinance No. 85-06, the Board has adopted a
Purchasing Manual which sets forth all aspects of the Board's purchasing requirements and
procedures including the competitive bidding requirements addressed in Section 1-2-41 of the
Code and the Board has determined that in order to provide for a single definitive source for
County purchasing regulations and procedures it is necessary and in the best interest of the
County, to amend Section 1-2-41 of the Code to clarify that all of the purchasing regulations and
procedures including the competitive bidding requirements shall be set forth in the Purchasing
Manual; and
WHEREAS, on December 23, 1997, the Board held a duly advertised public hearing
to consider adoption of these amendments to Article IV "Purchasing" of Chapter 1-2
"Administration" of the Code, proof of publication of the public hearing is attached as Exhibit
Words s~ic!~n are deleted Words underlined are added.
-1-
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A.
AMENDMENT OF SECTION 1-2-41 (COMPETITIVE BIDDING; WHEN
REQUIRED FOR COUNTY PURCHASES; EXCEPTIONS) OF THE CODE
OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY.
Section 1-2-41 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby
repealed in its entirety as follows:
Section 1-2-41.
County purchases, as defined elsewhere in this chapter, ,. ........... ~ ...... t~ ...........
~.,~, .k ......a a~,,.., r~ ~,~c, ^c<~ ....... ~. ~_ _a .... :~_a ~_a shall be submiRed to
...:.u .u ........ :__ _~ .u~ ~_,, .... : .... in accord~ce with the CounW
competitive bidding ............ v ..................... ,-
purchasing m~ual adopted pursuit to Section 1-2-30 of this Code.
(1)
(3)
Words strickcr, are deleted Words underlined are added
-2-
BUUt., 1!i? F'ABE
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, St. Lucie County ordinances and St. Lucie 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. "
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 upon filing with the
PASSED AND DULY ADOPTED this ~)3 day of
Department of Statb.
l~O._Ce rm her ;'~, 1997~
BOARD OF COUNTY COMMIS~
ST. E COUNTY, FLORIDA
BY:
APPROVED AS TO FORM AND
CORRECTNESS:
BY: ~
~ ~dunty Attorney
Words stri, ckcn are deleted. Words underlined are added.
-3-
STATE OF FLORIDA
COUNTY OF ST. LUCIE
THE: "I'RIB dE
PO. Box 69
Fort Pierce, St. Lucie County, Florida 34954-0069
Before the undersigned authority personally appeared
Maureen Saltzer Gawel, or Kathleen K. LeClair, who on oath
says that he/she is publisher, business manager of The Tribune,
a daily newspaper published at Fort Pierce in St. Lucie County,
Florida; that the attached copy of the advertisement, being a
NOTICE OF TKrrENT
in the matter of ORDINANCE NO, 97-45
was published in said news_paper in the issues of
December ~[1, 1997
Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said
St. Lucie County, Florida, and that the said newspaper has heretofore been continuous-
ly published in St. Lucie County, Florida, each day and has been entered as second class
mail matter at the post office in Fort Pierce, in said St. Lucie County, Florida, for a peri-
od of oge year next preceding the first publication of the attached copy of advertise-
ment:~/nd affiant further says that he has neither paid nor promised any person, firm
or co]tporation any discount, rebate, commission or refund for the purpose of securing
this ildy~rtisl~/nont for p. gblicapion, i~the s.~:bnewspaper.
Sw~td ~scr~befo~ ~ec~mber 11; ~997 ~.,
~, ]1, -f ) ~ ,, ~ ~ ~ z/,x-. - r ~ Corem Exp. 4/25/98
t ~--~ c~/~~, '~nded By Se~ice Ins
Notary Public No. CC567564
OR BOOK 1119 PAGE i559
No.6521
cou~ ~ERS
ST. LUCIE CCXJN1Y0 FLORIDA
Fiodda, will consider a~opting
a C~n~ Ordinance ~o.
97-43] amending Section
1-2-41 [Com~titNe Bidding
~en R~ ~r C~n~
~; Excite] ~ the
C~e of Ordinanc~ of St,
Luc~ Coun~ at ~ ~ular
m~ting on on T~ay, the
23rd ~ay of ~ember, 1~7, '
at 9:~ a.m., or as ~n
thereaHer as the matter may
be h~rd in the St. Lucie
Coun~ Commi~ion Cham-
bers at t~e St, Lucie Coun~
Administration Building Annex,
Third Floor, 2300 ~rginia Ave-
nue, Fo~ Pierce, Florida, Mat-
ters afl.ting your personal
and prope~ rights may be
heard and acted u~n. All
intere~ed person~ are invited
to affend and be heard. Wdt-
ten comments r~eived in
· .advance of the public hear*
lng will also be heard.
Copies of the pro.ed ordi-
nance may be obtained fron
, the Coun~ Attorney's Office,
' 8t. Lucie County Administration
Building Annex, 2300 Wginia
Avenue, Fort P erce,
Florida, 34982. Amendments
~ to the pro~sal may ~ mad
e at the public hearing.
~e title of the proposed ordi-
nance is as follows:
~ NO. 97~
~ ORe.CE ~ENDING
~l 1-2
~MIN~ON' OF
~ ~ ~ ~EN~
~ ~N ~I~D ~
~U~ ~ES: ~CEP-
~ TO ~~T~
~~ · RE~N~
~~~o
~ill~ ~ RE-
~ ~ ~ ~ ~R-
~ ~D ~. -
~; ~DING ~R FLUNG .
~ ~E DEP~E~ OF
ff afiy per~n ~ecides t0'a~-
~1 any decision made with
~ct to any maffer consM-
~ at the meetings or h~r-
~ of any ~ard commi~ee,
commission, agency,
~un~il or advisory group,
· at ~erson will n~ a r~ord
of ~e ~roceedings and that,
for such ~u~se, may ne~
to ensure t~at a ve~tim rec-
ord of the ~roceedJngs i~
made, whic~ r~ord should
inc~de the testimony aha ev-
ince upon whJc~ the ap-
~1 is to ~ b~. U~n
t~ r~uest of any ~ to
the proceeding, individuals
t~ing ~uring a hearing wilt
~ ~orn in. Any ~a~ to t~
~ifig will be grant~
~ ~ni~ to cr~exa~
individual testi~ing
a he~rlng
Su~iHe~ by:
~niel S. Mcln~re
Coun~ Affomey
~iah~:Decem~r 11,1997