HomeMy WebLinkAboutOrder No. 20-009 - St. Lucie County Housing Finance Authority (04-08-20)Order No. 20-009
AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING
ST. LUCIE COUNTY HOUSING FINANCE AUTHORITY
WHEREAS, the St. Lucie County Administrator has made the following determinations:
1. Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory illness
that can spread among humans through respiratory transmission and presents with symptoms
similar to those of influenza; and
2. In late 2019, a new and significant outbreak of COVID-19 emerged in China; and
3. The World Health Organization previously declared COVID-19 a Public Health
Emergency of International Concern; and
4. In response to the recent COVID-19 outbreak in China, Iran, Italy, Japan and South
Korea, the Centers for Disease Control and Prevention ("CDC") has deemed it necessary to prohibit
or restrict non -essential travel to or from those countries; and
5. On March 1, 2020, the Governor of the State of Florida issued Executive Order
Number 20-51 directing the Florida Department of Health to issue a Public Health Emergency;
and
6. On March 1, 2020, the State Surgeon General and State Health Officer declared a
Public Health Emergency exists in the State of Florida as a result of COVID-19; and
7. On March 7, 2020, the Governor of the State of Florida directed the Director of the
Division of Emergency Management to activate the State of Emergency Operations Center to Level
2 to provide coordination and response to the COVID-19 emergency; and
8. On March 9, 2020, the Governor of the State of Florida issued Executive Order
Number 20-52 declaring that a state of emergency exists in the State of Florida as a result of the
spread of the COVID-19 virus and imminent threat to the health and welfare of the citizens of
Florida; and
9. The CDC currently recommends community preparedness and that everyday
prevention measures should be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms, covering coughs
and sneezes with a tissue and disposal of the tissue immediately thereafter, washing hands often
1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4697490 04/09/2020 12:43:34 PM
OR BOOK 4407 PAGE 1403 - 1407 Doc Type: ORD
RECORDING: $44.00
with soap and water for at least 20 seconds, using alcohol -based hand sanitizers with 60%-95%
alcohol if soap and water are not readily available and routinely cleaning frequently touched
surfaces and objects to increase community resilience and readiness for responding to an
outbreak; and
10. The CDC currently recommends mitigation measures for communities
experiencing an outbreak including staying at home when sick, keeping away from others who
are sick, limiting face-to-face contact with others as much as possible, consulting with your
healthcare provider if individuals or members of a household are at high risk for COVID-19
complications, wearing a facemask if advised to do so by a healthcare provider or by a public
health official, staying home when a household member is sick with respiratory disease symptoms
if instructed to do so by public health officials or a health care provider; and
11. On March 13, 2020, the President of the United States issued a proclamation of a
declaration of national emergency; and
12. On March 13, 2020, the Coordinating Officer for the State of Florida Division of
Emergency Management issued Emergency Order No. 20-004, authorizing the Department of
Education to delay school assessments and to adjust school calendars including rescheduling,
extending or cancelling spring breaks; and
13. On March 13, 2020, the St. Lucie County Housing Finance Authority ("SLCHFA")
held a public meeting and unanimously voted to induce the project financing for Southport
Development, Inc.'s request of a bond issue of $38 million in conjunction with a 4% Housing Tax
Credit from Florida Housing Finance Corporation. The project will consist of acquiring and
rehabilitating a 320 unit existing apartment community (Sands at St. Lucie) located at 2750 US1,
Fort Pierce FL. Resident household income may not exceed 60% of the area median income; and
14. On March 16, 2020, President Donald J. Trump and the Centers for Disease Control
and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to
adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10
people, and in states with evidence of community spread, recommending restrictions to certain
establishments conducive to mass gatherings and congregations; and
15. On March 29, 2020, the President extended such guidance to be in effect until April
30, 2020; and
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16. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of
Local Emergency COVID-19 Public Health Emergency ("St. Lucie County Declaration of
Emergency'); and
17. On March 24, 2020, the Governor of the State of Florida issued Executive Order No.
20-83 directing the State Surgeon General and State Health Officer to issue a public health
advisory to all persons over 65 years of age and persons that have serious underlying medical
conditions that place them at high risk of severe illness from COVID-19 urging them to stay home
and to take such other measures as necessary to limit their risk of exposure to COVID-19; and
18. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further
directed the State Surgeon General and the State Health Officer to issue a public health advisory
providing that individuals should cease all social or recreational gatherings of 10 or more people;
and
19. On March 25, 2020, the State Surgeon General issued a Public Health Advisory
consistent with Executive Order 20-83; and
20. On March 25, 2020, the President of the United States declared that a major
disaster exists in the State of Florida as a result of COVID-19; and
21. On April 1, 2020, the Governor of the State of Florida issued Executive Order
Number 20-91 Essential Services and Activities During Covid-19 Emergency; and
22. Before the SLCHFA can request the allocation, the project financing would have to
be induced by the SLCHFA, a public hearing held and the County Commission would have to
approve the issuance of the bonds to finance the project (TEFRA approval). The SLCHDA was
unable to hold a public inducement hearing before the April 1, Governor's order restricting travel;
and
23. Due to emergency conditions outlined above, the SLCHFA may be unable to meet
and conduct the public inducement hearing and receive County Commission approval before the
June 26, 2020 deadline to request available regional allocation that would permit an August
closing; and
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24. The current procedures and guidelines of the SLCHFA can be read to require the
public hearing be held by the SLCHFA rather than a designated representative of the SLCHFA; and
25. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the
County Administrator may take all actions necessary and appropriate to protect human life and
prosperity, to the extent necessary to accommodate the emergency; and
NOW, THEREFORE, BE IT ORDERED AS FOLLOWS:
1. The determinations, orders, and declarations identified above are incorporated
herein.
2. 1 hereby authorize an Assistant County Attorney or the County Housing Division
Manager to schedule and conduct the required public hearing on behalf of the
SLCHFA and to report the results of such hearing to the County Commission on
behalf of the SLCHFA in order to seek County Commission approval (TEFRA
approval). Such public hearing shall be held in accordance with the requirements
of Section 147(f) of the Internal Revenue Code and applicable regulations
thereunder.
Severability.
Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional
provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive
Order of the Governor or the President of the United States, shall be deemed inapplicable and
deemed to be severed from this Order, with the remainder of the Order remaining intact and in
full force and effect.
This Order is effective as of 8:00 a.m. on 6th day of April, 2020. This Order will expire upon the
expiration of the existing State of Local Emergency, as same may be extended by subsequent
order or declaration, unless earlier terminated by subsequent Order.
Prior resolutions and emergency orders remain in force and effect unless modified or superseded.
This Order shall be filed in the Office of the Clerk of the Circuit Court.
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Signed this 1 day of i3 2020 at a.m. (p.m.)
War . TLpton
ounty Administrat r