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Home My WebLink About20-010 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4783420 11/20/2020 03:53:49 PM • OR BOOK 4511 PAGE 1909-1912 Doc Type:ORDN RECORDING: $35.50 ORDINANCE NO. 20-010 AN ORDINANCE AMENDING CHAPTER 32 "PUBLIC PROPERTY", ARTICLE IV, "PUBLIC CONDUCT" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY ADDING SECTION 32-102 TO PROVIDE FOR DESIGNATION OF CLOTHING OPTIONAL BEACHES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish regulations providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, the public has a right to the beaches and a right to use the beaches for recreation and other customary purposes; and, WHEREAS, the right of access and use is a public trust, which the Commission shall by ordinance define, protect and enforce; and, WHEREAS, it is appropriate to amend Chapter 32 to allow a portion of Blind Creek Park to be designated as clothing optional as depicted in Exhibit A; and, WHEREAS, the designation of a clothing optional beach will create a niche tourism market helping our overall efforts to expand tourism outreach. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Part A. Chapter 32 "Public Property", Article IV. "Public Conduct" of the Code of Ordinance is amended to add Section 32-102 "Clothing Optional Activities at Designated Leased Beaches" as follows: Section 32-102. Clothing Optional Activities at Designated Leased Beaches a. For the purposes of this section, the term "clothing optional activities" is defined as allowing nudity in a non-sexual, family-oriented context, in addition to the wearing of clothing. b. Beaches designated as clothing optional shall be specified in the management plan. c. Where authorized on leased beaches, clothing optional activities shall be permitted only within designated areas. • d. Use of any leased beaches for clothing optional activities that are not authorized for clothing optional is prohibited. e. County staff shall post informative signs at appropriate locations notifying the general public of the clothing optional designation. 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 portion 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 Administration Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. 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 receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky, Vice Chair AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson 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 intentions; provided, however, that parts B through F shall not be codified. PASSED AND DULY ADOPTED this 2nd day of June, 2020. BOARD OF COUNTY COMMISSIONERS ATT : ST. LUCIE OUNTY, F RIDA BY: DEPUTY C f� CHAIR v0Ja�Y CO� + i �► �cti. 4. O APPROVED AS TO FORM AND `� 4 CORRECTNE S: 0 4:71, o4Nry.FatO. BY: COUNTY ATTORNEY Blind Creek Beach Park i' SFWMD/TIITF Owned (Leased by County) Tir • hW St. Lucie Count y Clothing Optional Area �� Clothing Optional Area: gitO 3A€ .9x. may.. f/ v I FLORIDA DEPARTMENT of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State November 18, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Lillian O'Farrell Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 20-010,which was filed in this office on November 18, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270