HomeMy WebLinkAbout1973RESOL ON NO. 73- 30
WHEREAS, the St. Lucie County Planning and Zoning Commission
after holding a public hearing on November 15, 1973, of which
'notice was published at least fifteen (15) days prior to said hear-
ing, has recommended to the Board of County Commissioners of St. Lc
County that the following amendment to the Comprehensive Zoning
Resolution for St. Lucie County be adopted, and
WHEREAS, said,Board of County Commissioners.held a public hear
lng on said recommendation on November 20, 1973, after .first publis
a notice of said hearing in the News Tribune published in Fort Pier
Florida on the 5th day of November, 1973, said date being at least
fifteen (15) days prior to the date of said hearing;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of St. Lucie County in meeting assembled this 20th day of
NoVember, 1973, that the Comprehensive Zoning ResOlution for St.
Lucie County be and the same is hereby amended as follows:
Amend Section',7by adding subsection 22~to read:
"22. AGricultural Labor Camps. Subject to the approval
of the Board of County Commissioners, portable or mobile
buildings meeting the standards of the State of Florida
and the U. S. Department of Labor may be used in agricultural
labor camps as temporary housing for a period not to
exceed 1 year. At expiration of 1 year period, use may be
extended for additional 1 year periods at the discretion
of the Board of County Commissioners."
ATTEST:
/ ~ Clerk'
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Chairman ~
cie
hing
~3 C~m. McCain directed that the matter be brought to the Work Session of
Dec. at 3 P.M. to which all participating agencies are invited, including Gary
Ament, Area Coordinator, and also for the Tax Assessor and Collector to dis-
cuss with EDP the possibility of increasing the "on line" s~rvice to them.
ZONING - PUBLIC ~EARING - AGRICULTURAL LABOR CAMPs
Proof of Publication was presented for the public hearing on Pet~
of Board of County Commissioners to amend Comprehensive Zoning Resolut~
(Sec. 7) by adding Sec. 22, re: agricultural labor camps.
By a 6-2 vote the Planning & Zoning Commission recommended appro%
the petition because the proposed amendment provides for the utilizati¢
modern cons~uction in the establishment of needed agricultural labor c
and assures construction of the highest standards under control of the
of County Commissioners.
Mr. Phil Gates, rep. Fort Pierce Growers Assn. urged approval of
amendment to permit agricultural labor camps to provide housing in orde
bring in needed farm labor for the fruit picking season. He also reque
Board to reconsider the 1 year time limit for these temporary housing u
saying it was difficult to obtain financing with this stipulation and b
time they were set up they %ould have to be reviewed.
Mr. Joseph Segor, P.O. Box 1383, Homestead, representing the Unit
Workers Union, spoke of the unfair practice of permitting foreign labor
come in and undercut local labor.
Com. Park interrupted to state that the Board of County Commissiol
had no,lng to do with the movement of people, in or Out of the County.
Mr. Segor continued by saying that local people could be protecte
losing their jobs by the zoning resolution; also the mobile homes to be
were not suitable for American families.
Dr. Marshall Barry, 2306 Bamo Court, Tampa, Fla. Economist ~a me
of the faculty at New College in Sarasota, said the real issue was the
on the Community - that there were plenty of available laborers in Ft.
hiring halls (300) if employers would pay a proper wage. He said the in
laborers would work for much less and thus the local laborer can't provJ
his needs.
Com. Green mentioned that the grower only had so much money to spE
that if picking & production costs were above net costs, he was out of k
Com. Enns declared that the Board was not passing on State, Feders
immigration laws which it cannot do; that the issue here was the type o~
portable or mobile buildings meeting
~tandards of State of Florida & U.S
of Labor to be used for agricultural labor camps as temporary housing fo
period not to exceed one year.
Dro Barry insisted that in his opinion the County can become an ac
to undermine the economic phase of the county if allowing outside labor
Com. Enns reiterated that this was not the issue before th~Board which
not have the power to supersede State or Federal laws.
.tion
.on
'al of
~n of
mps
Board
the
r to
sted the
nits,
y the
sd Farm
to
~ers
from
used
~mber
.mpact
'ierce
Lported
.de for
nd too,
usiness
i or
Dept.
uessor¥
and
~id
Mr. Steve Pearlman, 1710 Ave. E. Ft. Pierce, rep. United Farm Work,rs
Union stated that this housing should m~t specifications of other mobile homes
and be in the nature of single family residences so local families can o~cupy
them.
Com. Enns moved to adopt Resolution No. 73-130 which amends the c¢
hensive zoning resolution by adding subsection 29 , Agricultural labor c~
was seconded by Com. Green.
Com. Park .mo~ed to amend the motion to allow the permit to extend for
a period of 3 years instead of 1 year, which was seconded by Com. Enns.
~mpre-
~mps,
Com. Price opPOS~ time limit to 3 years saying if any pro-
blem arose it could be checked out in time.
Atty. Wilson noted that the Proof of Publication stated 1 year and said
any change would cause the matter to be readvertised.
Com. Park withdre~ this motion to amend and Com. Enns his second.
Roll call on the original motion carried unanimously.
(Put Resolution No. 73-130 in Minutes)
BUDGET - STATE ATTORNEY - ROBERT STONE
At a previous meeting the Board decided not to pay telephone bills of
either the State Attorney or Public Defender since an Atty. General opia~on
st atesit was only responsible to provide the hook up, not the service. It also
decided not to pay the gas & law periodicals for the ~t~te ~t~toraeyunder ~he
same principle although no Atty. General opinion was given on these items
State Atty. Stone agreed the ~elephone bills should not be paid,
stated that whils the county had a fine law library there were certain additional
periodicals he needed, an~ also advised that their office uses more gas bscause
they are also charged with enforcement of pollution control violations for which
they have full time investigators. He said the other three counties have agreed
to share gas costs. Maximum co~t from Oct. 1 - Sept. 30th for both library
supplement and gas would be $120. per month.
Com. Park said he wgs sympathetic to the needs and acknowledge that
Stone worked hard to get ~he State to fund the office., and asked how the
can still pay but impress on the State of its strong objection and Mr. St
suggested the County pay Under protest, so advising Mr. Ireland Dept. of
and others. '
Roger Poitras said he was afraid the Auditor General would consider
an illegal expense under the Atty. Gen. opinion, but Atty. Wilson advised
the Atty. General only ga~e an opinion on the telephone bills.
Com. Enns said he would be willing to pay on the basis of an Arty,
opinion but Atty. Wilson said the Atty. General was now some 3-6 months b~
on rulings.
Com. Green moved to approve $120. per month to State Atty. to cover
a ·
plemental library needs n~ gasoline, write a letter to D~p~.of Admn. & ¢
and to Auditor General, that they are paying under protest, was seconded h
Com. Park and upon roll call, unanimously carried.
ZONING - AMENDED SITE DEVELOPMENT PLAN - FOUR WINDS
Proof of Publication was presented for petition of Robert M. Jerniga
Korman & Swedroe for amended approval of plan of Four Winds, 800' N. of Pe
Park. This site plan was approved June 19th, but did not include W. porti
Letter was received ·
it is the intention of own~
of about 8 acres, to St. L~
access tO property conveyed
natural state, density cred
from I. Stanley Levine, Atty. for developers, st
rs to deed all land 200' west of A-lA, comprisi
cie County, providing: owners/developers will p
, property shall be retained and preserved in i
Mr.
~ounty
)ne
Admn.
this
that
~neral
hind
sup-
thers
Y
for
pper
DR.
it to be transferred~ easterly tract to allow con-
struction of 3 additional floors, for a tofal of gl units, and the County ~hall
redeed to owners an area for construction of two tennis courts.
Mr. Swedroe was present and exhibited a map of the project showing the
part to be deeded to the County. He said the increased portion would go r~ght
to Jack Island, but they would want to put their tennis courts on the 5 ac e
tract as close to A-1-A as feasible. . r
Admn. Lewis advised that originally the develo ers offer . .
west of the 200' ~ ~ ~ ~ -~-~ ........ P ed about 5 acres
~m = ~ '~% ~ ~ ~-~-~ ~u nave now a~Ge~ a new acreage of about 3 acre~,
~ting
%g
~ovide
is
~De%itien .of bhe Boasd of. Oo?anty Commissioners for St. Lucme
%o.a. me~d~tl%,e ~C~prehensive ZeniBg Resolution for sai'd
Section-7 :by a~ding read
..... ~ to the
~riculturai Labor Camel S%bjeae .....
of %Ne Board of County Cemstisszeners, portable or
mobile ' { d '
~ou~l zn~s mee~.ing the standards of the State
· m ~ me. sor may be
of Plorida and the. U. S. Departmen~ of
u~ee in agricultural labor camps as
~oa ~.~ot to exceed i year.
for a. per' ' ~,
i yea.~~ oeriod~ ese ~ap'~be'e~tended ~_~z=~S'~a~i
i year periods at the discretion of the Boari of County
ComP~Is s LOr:~e rs ,.
N,6w
an~ ZonlN_g Commission :~.ze a
. ~gV;.~..,o.r~e~, ¥1ce ?resident, Fort p.¢esce' ~r.~¢~r's Assn~
approval oz ~ne 'prooosed amen~qent. A model ox a ~abor camp F~rt
Pierce. Growers proposed t,o ~U~Id Was di~played~ it' Was
J. oselQh~. Seqor,~,. ReDresentative~ ~ ~°f the Unated. Farm Workers ~"on~on ~
Prof. Marshall Barry~ econOmiSt an.d 'member of-the f'ac~l~w'Of' New
~o~.l~g~ in 8araso.~a,, and ~ack Ba~nes~ Dzrect.~~ o~ ~e ~n:~n s
oipp:oS i~,~ ebro_in ':h6'~'the'~ P~ihi0n~, ~"ieing' ~:~'e ~f o!i-6wln~ , a. ~as on's~: : :. ~
.... i. ~.a~ the labor camp' Dropo'seG 'by Fort-Pi:erce Growers
designed only to bring in fo~bign
. :; , ; . ,:-
_- 2, '~N~E ~¢orkers brough! i~. will b% i'nr~='n C~rds' from
cite .:reen CaEd's' cause higN rotes of
a~oflc American workers.
That "Green Cards" result in depressed wages for American~
5~ T'hat they add nothing to the local economy~ because they
take t~ezr money to their own country.
6. Dr~ Barry 'presented figures showing ' 'gnlsh ,:~n
among citrus workers and stated there is no shortage
are willing 'ho pay the going wage rate.
7.. That fort Pierce Growers has not taken advantage of 'the
recruiting system offered by the Union.
8~ That the t:)fpe of housing proposed is ob]ectionable.
the Union wants to get workers into their own homes~
.Aow's ~
I.S
Bd of Co Com, Nov. 15, 1973
~PUBLIC .HEARING
Petition of the Board of County Commissioners for St.
Lucie County to amend the Comprehensive Zoning Resolution for
said County, as follows
Amend Section 7 by adding subsection 22, to read:
22. Agricultural Labor Camps. Subject to the
approval of the Board of County Commissioners,
portable or mobile buildings meeting the
standards of the State of Florida and the U. S.
Department of Labor may be used in agricultural
labor camps as temporary housing for a period
not to exceed 1 year. At expiration of 1 year
period, use may be extended for additional 1 year
periods at the discretion of the Board of County
Commissioners.
NOTICE
NOTI~ IS ~REB¥ GIVEN That the Planning and Zoning Commission
for St. Lucie CoUnty, Florida, will, at 7:30 Po~. on. Thursday,
~ovember 15, 1973, in Room 203, Courthouse, at Fort Pierce, Florida,
hold a public hearing on~
Petition of the Board of County Commissioners for St. Lucie
COunty to amend the Comprehensive Zoning Resolution for said County,
foliows=
Amend Section 7 by adding subsection 22, to read=
22. ~ Subject to the approval
of the Board of COunty Commissioners, portable or
mobile buildings meeting the standards of the State
of Florida and the U, S. Department of Labor ~y be
used in agricultural labor camps as temporary housing
for a period not to exceed 1 year. At e~piration of 1
year period, use may be extended for additional 1 year
periods at the discretion of the Board of County
Commissioners.
Ail interested persons will be given an opportunity to be heard
at this time.
Dated this 25th day of October, 1973.
PLAN~I~G AND ZC~ING COMMISSION
ST LUCIE C(~J~TY, FLORIDA
By
Jack Gotham, Chm.
Publish~ October 30, 1973
MOBILE BUILDINGS IN AGRICULTURAL LABOR CAMPS
PROPOSED AMENDMENT TO PROVIDE FOR THE USE OF PORTABLE OR
Amend Section 7 of the Comprehensive Zoning Resolution
of St. Lucie County by adding Subsection 22 to read:
Aqricultural Labor Camps.. Subject to the
approval of the Board of County Commissioners,
portable or mobile buildings meeting the
standards of the State of Florida and the U. S.
Department of Labor may be used in agricultural
labor camps as temporary housing for a period
not to exceed 1 year. At expiration of 1 year
period, use may be extended for additional 1 year
periods~at the discretion of the Board of County
Commissioners.
TEACHERS OPPOSE MIGRANT CA24P
THE BUILDING OF ANOTHER MIGRANT LABOR CAMP IN ST. LUCIE COUNTY
WILL ONLY RESULT IN MORE MIGRANT LABORERS MOVING INTO ST.
LUCIE COUNTY. THE ST. LUCIE COUNTY SCHOOL SYSTE24 ALREADY CONTAINS
MORE THAN ITS FAIR SHARE OF MIGRANT STUDENTS. THESE STUDENTS
ARE MORE DIFFICULT AND EXPENSIVE TO TEACH. THE MIGRANT
LABORERS ~HICH WOULD BE HOUSED BY THIS CAMP WOULD BE OF
MEXICAN DESCENT° THIS MEANS THAT THEY WOULD REQUIRE
BILINGUAL TEACHERS AND SPECIAL CLASSES° THESE STUDENTS,BECANSE
OF THEIR MIGRANT BACKGROUND,. ~ENERALLY LAG ~LL BEHIND THE
NORMAL STUDENT POPULATION° THIS PRESENTS EVEN GREA. TER
PROBLEMS FOR THE SCHOOL TEACHER°
SPECIAL FUNDS AND HIGHER TAXES WOULD BE REQUIRED TO
EDUCATE THESE CHILDREN. IN THE PAST, FEDERAL FONDS ~ERE
AVAILABLE FOR THIS PURPOSE, BUT THIS IS NO LONGER THE CASE°
FEDERAL CUTBACKS IN THIS AREA WILL PLACE THE ADDITIONAL
BURDEN SQUARELY ON THE SHOULDERS OF THE T~XPAYERS OF ST.
LUCIE COUNTY ~
~E HOPE THAT THIS ZONING BOARD ~OULD CONSIDER THESE I~LIC~TIONS
BEFORE THEY REACH A DECISION RELATIVE TO THE REZONING OF
PROPERTY FOR A MIGRANT LABOR CAMP o
THANK YOU,
TEACHERS
INVOLVED
IN
GOVERNMENT
EDUCATION
. REFORM
Camps--general
1~0C-32.02 Definitions too* .... ~ (g)8. F.S.)
1~0C~82.08 Iqotice ct construction
(881.081 (~) (g) 3. F.S.)
1~00-8~.04 Permit for operation
(88~.081 (1) (g) 8.'F.S.)
Application and issuance of permit
170C-32.05 (881.081(1) (338. F.S.)
Revocation of permit
1700-82.07 Camp sites (881.~ c ~ ' ' '
170C-82.08 Shelters (881.081(1) (g)3. F.S.)
~70C-82.09 Water supply
(831.08~(1) (g).s.F.S..)
170C-82.10 Garbage and re,use aisposai
170C~82.11 Insect and rocten~ con~ro~ (881.081(1) (g)8. F.S.)
1~0C-82-12 Heating (881.031(I) (g)$' F.S_.).
1~/~C.$2.18 Lighting (881.081 (1) (g) 8. F.B.)
rices relating to construction,
tho~StY 351.031 (1) (g) ~ FS Law implemcnie, d
G~n~ral Au! . ~ S 351.422-.48~
~81.031 (1) tg) o F
*~at~-3202 Definitions---- ~-;~din~s or
--~,~dtures, tents, trailers .or ~,.~;~, used as
dth the land appertaining
ping quarters for fifteen (1~) or more per-
~ns, including children, whether or not rent
paid or reserved in connection with the use
r occupancy of such premises. Included are
.amps operated for recreational, educational
oyes and labor camps estab-
md other _purp ...... t or temporary houri, in?
~.~hed ~or the permaa~n~ ..... ~-IrerS: provmea,
g- arm la orers or orest
~hat this de~nition snau
or tobacco farm,,operat~n, individual or group
~(2) ,Perso. n -- ~-'~:~n ~artnership or
of individuals, assom~:~
corporation.
(8) "Camp operator" ~ The person who
....... onted a permit in accordance with
these re,g, ulatmn,s, to operau~
(4) Shelter ~ Any bmldmg of one or
more rooms or tents or trailers used Icy sleep-
hying quarters at a camp. en
ingor ' - ..... ,, ~ A room or -.
~5~ ,,Habitame ru~.m · ---a~d to be uses
' ' s ace uses or
losed floor P ..... onn i or eating
~t a camp for hying, sleeping, _ook ng
Citru's Industrial
--- t CAMPS
-~ -' RULES
OF
STATE I~OARD OF ItEALTIt
TtIE SAtqITARY CODE OF FLORIDA
~APTER 1~0C~2
cA~PS
1~0C-32.14 Excreta and liquid waste disposal
(381.031(1) (g)3. F.S.) ....
1~0C-~2.15 Plumbing (381.031(1) (g~o.
1~0C-~2.16 Toile~s (381.0~1(1) (g)B'
~0C-32.1~ Washrooms, bathrooms and
laun~ tubs F S
Food se~ice facilities
170C-32.18 (~81.031 (1) (g) 3. F.S.)
170C-32.19 Beds and bedding
(381.031(1) (g)g. F.S.)
Fire protection
170C-32.21 Sani~ main~enan~
(381.031(1) (g) 3. F.S.)
Responsibility ct camp operator
170C~32'22 (381.031(1) (g)3. F.S,)
170C-32.23 Camp supe~ision_ ~.
170C-32.24 Responsibili~ ct ~c~an~s (381.031(1) (g)B. F. ~.)
'n bathrooms, water close~
urposes excl~dl g._.~_. ~ntries, ioyers, con-
necting corridors, closets or other storage
space ...... es" Water closets,
(6) ,'Toilet iac~m
privies, urinals and ~he rooms prodded
the installation ct ~hese units.
(7) "Refuse" ~ Solid waste except body
wastes, ?eluding, garbage, rubbish and ashes
(8) Garbage ~ Was~ produc~s ct all ani-
mal or vegetable matter resulting from grow-
ing, processing, marketing an~ 9repara~on ct
food items, including containers in which
pac~g~, landfill"~A planned method
(9) SanitarYnd completely covering ga,-
of compacting a .... s to nrevent sam- -
~..~ in a prepares ~rea ~ -~ni breeding
an~.harborag~. ~.. a~ ~1~ (~) 3 ~s Law impl~teu
381031 (ti ~g~ o ·
1~0C-32.03 Notice of construction- ~ Each
person who is planning to construcb or enlarge
or facility u, - camp shall give
for use or occupancy. ~s ~tent to do so
no~iee in writing oI ms
the board at least fifteen (15) days before the
be inning such construction, enlarge-
date of g . m~ ice shall' give the
ment or co~verslon. ~'~ not
cit , village, town or county
name of the Y ...... ted the location
which the proper~ is m~ ,
Council ~a, (OVER)
7/1973 _ ........ - ........
(20) square feet of clear floor area for each
person sleeping therein.
(4) All shelters hereafter constructed or
remodeled for family living quarters shall con-
~tain a minimum of seventy (70) square feet of
floor space for the first occupant and fifty (50)
square feet of floor space for each additional
occupant. Sleeping rooms in such family quar-
ters shall also meet air space requirements of
this section.
(5) Separate sleeping quarters shall be
provided for each sex except in the housing
of families~
(6) Each habitable room shah have at least
one (,1) window or skylight opening directly to
the outside. The minimum total window area
shall be ten (10) per cent of the floor area of
each room. When the only window in a room is
of the skylight type located in the roof of the
building the total window area shall be fifteen
(15) per cent of the floor area of such room.
At least one window or skylight shall be
easily opened for ventilating the room. The
total openable window area shall equal at least
forty-five (45) per cent of the minimum win-
dow area required for a room except where
board approved mechanical ventilation is pro-
vided. In computing total window area and
openable window area, jalousie doors may be
counted.
General Authority 38!,03! (1) (g) 3 FS Law Implemented
381.031 (l) (g) 3 FS 381.472 FS
170C-32.09 Water supply.--
(1) An adequate and convenient supply of
water that conforms with the requirements of
Chapter I of this code shall be available at all
times in each camp for drinking, culinary,
bathing and laundry purposes.
(2) The water supply shall provide at least
thirty-five (35) gallons per person per day to
the camp site.
(3) Adequate facilities for providing hot
water for bathing and dishwashing purposes
sha]l be available.
(4) In existing camps with water pressure
systems, ~vater outlets shah be located in such
manner that no shelter or habitable area is
more than one-hundred (100) feet distance
from such an outlet. Drainage facilities shall be
provided for the overflow or spillage from
such outlets.
(5) In all camps hereafter constructed
water under.pressure shall be supplied to all
buildings housing family living quarters and
all other buildings in which cooking is per-
mitred or which contain facilities for bathing,
laundering or dishwashing.
(6) Where water is distributed under
pressure a supply rate at least two and one
half (2x~) times the average hourly demand
shall be possible and the distribution line shall
183
CAMPS CHAI ~ 170C-32_
be capable of supplying water at normal oper-
ating pressure to all fixtures.
General Authority 381.031 (1) (g) 3 FS Law Implemented
381.031 (1) (g) 3 FS 381.472 rs
170C-32.10 Garbage and refuse disposaL--
(1) All garbage, kitchen wastes and other
refuse shall be deposited in metal cans with
tight fitting metal coverings not to exceed
twenty (20) gallons capacity. Such cans shall
be conveniently located to all households
throughout the camp area and shall be pro-
- vided in sufficient number to handle all refuse
from the camp.
(2) The contents' of said cans shall be
emptied and the cans cleaned as often as
necessary to keep them and their surroundings
in a sanitary condition.
(3) Provisions shall be made for disposing
of the garbage, kitchen wastes and other refuse
by incineration, grinding, hurts] or incorpora-
tion in a sanitary landfill.
General Authority 381.031 (1) (g) 3 FS Law Implemented
381.031 (1) (g) 3 FS 381.472 FS
170C-32.11 Insect and rodent control.-
(1) Effective measures shall be taken to
control razs. flies, mosquitoes and bed bugs and
other insect vectors or parasites within the
camp premises.
(2) No standing water shall be allowed to
pool in the vicinity of the camp and the prem-
ises shall be kept clear of cans, rubbish and
other articles that will hold water.
(3) No accumulation of materials shall be
allowed that will breed flies.
(4) All windows, screen doors and outside
openings in any camp shelter shall be pro-
tected with wire fly screening of not less than
sixteen (16)-mesh.
General Authority 381.031 (1) (g) 3 FS Law Implemented
381.03l (1) (g) 3 FS 381.472 F$
170C-32.12 Heating.--
(1) When a camp is located in an area
v:here prolonged temperatures below seventy
degrees fahrenheit (70~F.) are normally expe-
rienced during the period of camp occupancy,
adequate heating equipment shall be installed
in all living quarters.
(2) A stove or other source of heat shall
be installed and vented in such a manner to
avoid both a fire hazard and a dangerous con-
centration of fumes or gas. In rooms with
wooden or combustible flooring, there shall be
a concrete slab. metal sheet or other fire resis-
tant material on the floor under every stove
extending at least eighteen (!8) inches beyond
the perimeter of the base of the stove. Any
wall or ceiling, not having a fire resistant sur-
face within twenty-four (24) inches of a
stove or stove pipe, shall be protected by a
metal sheet or other fire resistant material.
Heating appliances, other than electrical, shall
be provided with a stove pipe or vent con-
(OVER)
(3) Where wash-basins and shower baths
are shared, wash-basins shall be provided in
the ra~io of one (1) for every twenty (20) per-
sons and shower baths shah be provided With
one (1) Shower head .for every twenty (20)
persons or fraction thereof. All shower and
Wash fixtures shall be provided with both hot
and cold Water under pressure.
(4) A two (2) -compartment stat~ionary
laundry tub or tray or other laundry facility
for every twenty-five (25) families or fraction
thereof shall be provided for laundry purposes
and shall be convenient to all living quarters.
Water under pressure shall be provided at each
laundry tub or tray. Laundry facilities shall
not be used for kitchen waste disposal. Laun-
dry waste shall be disposed of in accordance
with the requirements of Chapter VI of this
code or in some other sanitary manner
approved bythe board.
(5) Family living accommodations contain-
lng private washrooms, bathrooms and laun-
dry tubs shall not be considered when estab-
lishing the required nUmber of shared
facilities.
(6) The floors of toilet facilities shall be of
smooth but non-skid finish and impervious to
moisture and sloped to drain. Floor drains
properly trapped shall be provided in all
shower baths and shower rooms to remove
waste water and facilitate cleaning. The walls
and partitions of shower rooms shall be smooth
and impervious to moisture.
General Authority 381.031 (t) (g) 3 FS Law Impternente~t
381.031 (1) (g) 3 FS 381.472 FS
t70C-32.18 Food service facilities.-
(1) In camps where individuals or families
are permitted or required to cook within their
living quarters, stoves shall be.installed in
accordance with provisions Of sub-section
170C-32.12(2) of this chapter. Conveniently
located facilities, consi'sting of sinks supplied
with hot and cold water under pressure in a
ratio of one (1) to ten (10) persons or one
to two (2) families shall be provided. Provi-
sion shall be made for safe storage and refrig-
eration of food.
(2) In camps where cooking facilities are
used in common, the kitchen shall be screened
with Wire fly screening of not less than six-
teen (16)-mesh. Stoves, installed in accordance
with provisions of sub-section 170C-32.12(2)
of this chapter, and sinks, supplied with hot
and cold water under pressure, shall be pro-
vided in a ratio of one (1) to ten (10) persons
or one (1) to two (2) families. Provision shah
be made for safe storage and refrigeration of
food.
(3) All shelters hereafter constructed or
remodeled for family living quarters shall pro-
vide a stove installed in accordance with pro-
visions of sub-section 170C-32.12(2) of this
CAMPS
CH~.~ ~/£ER'- 170C-32
chapter, a sink supplied with hot and cold
water under pressure and a refrigerator capa-
ble of maintaining temperatures below fifty
degrees fahrenheit (50°F.); provided, that
this sub-section shall not apply in camps which
l~mit all food preparation and service to cen-
tral mess or mu]ti-family feeding operations
conducted in accordance with provisions of
sub-section (4) below.
(4) In camps where there is a central mess
or multi-family feeding facility such as a din-
lng room or mess hall, i~. shall be operat.e_d in
compliance with Chapter X¥I of this code
except where the type of service is limited as
so described in sub-section (5) below;
(5) Camps operating field kitchens shall be
inspected and approved by the board and shall
comply with the following minimum require-
merits:
(a) Food preparation equipment, eating
utensils and service facilities shall be so made
or constructed as to be easily cleaned and shall
be maintained in a safe and sanitary condition
at all times.
(b) Cleaning and bactericidal treatment of
utensils and equipment shall be performed in
accordance with the provisions of Chapter XVI
of this code.
(c) Field kitchens, dining rooms, mess
halls and other areas where food is prepared
or served shall be screened with wire screening
of not less than sixteen (16)-mesh. All screen
doors shall be self closing and open outward.
(d) Adequate provision shall be made for
the sanitary storage and protection of food
supplies and adequate refrigeration equipment,
capable of maintaining temperatures below
fifty degrees fahrenheit (50°Fi shall be pro-
vided for the storage of meat, milk and other
perishable foods·
General Authority ~81.031 (1~ (g) 5 FS Law Implemented
381.031 (1) (g) 3 FS 381.472 FS
170C-32.19 Beds and bedding.--
(1) Sleeping facilities shall be provided
for each camp occupant. Such facility shall
consist of beds. cots or bunks complete with
springs and shall include clean mattresses and
mattress covers or mattress ticks filled with
clean straw or other suitable material free
from dust'or b~rtap. Mattresses, mattress ticks,
blankets and other bed coverings provided by
the camp operator shall be laundered or other-
wi'se sanitized between assignment to different
camp occupants.
(2) All sheets, pillowcases, blankets or
other bed coverings provided by the camp
operator shall be kep~ and maintained in a
sanitary condition by camp occupants.
(3] Regular inspection of beds and bed-
ding shall be made to insure freedom from
vermin. Bedding shah be treated with an insec-
ticide as necessary to prevent vermin infesta-
(OVER)
RULES AND REGU~;~OI~
Title 20--EMPLOYEES'
BENEFITS
Chapter V--Bureae of Employment
Security, Department of L~bor
PART 602~COOPERAT~:ON OF THE
U~TED STATES ~P~OY~E~T
SERVICE AND STATES ~N ~TAB-
LISHING AND MAinTAINING A
NATIONAL SYSTEM OF PUBLIC
EMPLOYMENT O~FiCES
620,9 lEL~eat[ng.
620.10 Electricity a~d lighting.
620.11 Toileta.
620.12 Bathing, Iatm~. and handwashlng,
620.13 C~ng and eating facilities.
620.'1~ Garbage and o~er reft.
620.15 I~t a~ rodent consol.
620.16 Sleeping iac~itles.
620.I~ ~ire, safety, ~d first ~d.
A~OR~Y: ~e pmvisiom oi this Par~ 620
~ued unde~ ~ S~t. liU, as ~ended; 29
E~A~O~
~ 620.1 pu~OSe aha ~o~.
PART 620---HOUSING FOR AGRICU/- (a) The Bureau of Employment Se-
TURAL WORKERS curity, l~anpower ~dministration, of the
On pages 10266-10268 of the
~WGT~.~ of July 1~, 1968, there was pub-
lished a notice of pr~posecl rule making
to. amend Chapter V of ~tie 20 of the
~ode of F~er~ ~atio~ by ~-
~s~g a new Pa~ 620 and by re~g
~ar~ph (d) of 20 C~ ~02.9.
terested per~ were given 15 days
~ch ~ submii written ~a~men~
data, ~ews, or ~g~ent concer~ the
~ro~s. ~r having carefully con-
sidereal ~1 matter sub~t~ ~ response
~ ~e pro~sals, I have decided ~, an~
do hereby, adopt them, effe~ive
~r 30, 19~, subject ~ the'following
~nges:
I. Section 620.3 ~ amended bY sub-
~ituti~ the wor& "a Regional A~-
~ra~r" for the wo~ds "the Adn~S-
tra~r" LU ~th places where i~ ap~ars.
2, Par~aph (f) of t 620,17 ~ revised.
Signed a~ ~gton~ D.C, this 25~
~ay of ~$ober 1968.
~ILLARD
~e~e~a~ o~ ~abo~.
1. ~ reused I602.9(d)' r~dz
ioHow~:
~ 602D Inte~tat~ recr~tment
e~ural workers.
~o o~er for r~mi~en~ of d;mes~io
ag~oul~ral workers shah be plac~
~te~te clearance unle~:
(d) ~e ~a~ has asee~a~ tha~
ho~ and lac~es w~ch comply wi~
the pro,ions ol Pa~ 620 of ~is chapter
~e av~ble.
(~8-~. ~17. ~ amended; ~9 U.S.~. 49k)
PART 620=-HOUSING FOR
AGRICULTURAL WORKERS
:2. The new ~art .G20 re~cl~, as ~oHow~:
620./. pm-pose and scope.
620~2 Amendments.
620.2~ Variations.
I~O~S~NG
6'20.4 I-Iousing
620.5 Wa~ s~pply.
Ho~in~,
U.$o 'Department 0f Lab0r':'has estab-
lished iacilities to assist agricultural em-
ployers in recruiting workers from places
outside the State of intended employ-
ment. The experiences of the Bureau
indicate that employees so referred have
on many occasions been provided with
imadequate, ~nsafe, and unsanitary hous-
Lug facilities. To discourage this practice
the Bureau has established a policy of
denying its Luterstate agricultural re-
cruitment services to employers until the
State agency affiliated with the U.S~ Em-
ployment Service which receives the or-
der Tot interstate recruitment has as~
certained that housing and facilities: (1)
Are available; (2) are hygienic and ade-
quate to the climatic conditions of the
area of employment'; · (3) are..large
enough to accommodate the agricultural
workers sought; ~and (4) will not en-
danger the lives, health, or safety of
workers and them families.
(b) In order to implement ~his policy.
interstate recruitment serVices will be
denied if the housing facilities intended
for use by the worker or workers and
their families fail to comply (1) with
an applicable State or local law or regu-
lation concerning safety, health, or
sanitation, or (2) ~ith the minimum
standards set forth LU this Part 620,
whiihever is more stringent.
(c) The services of the Bureatl will also
be denied when there exists an lusani-
tary or hazardous condition not contem-
plated by applicable State or local law
or the standards contained in this part,
or where past failures to provide safe
and sanitary housing indicate that the
employer cannot be relied upon to
comply with this l~art.
(d) In establishing this code, due con-
sideration has been given to short term
or temporarY _o. ccupancy. The standards
set forth in this part are minimum
standards used to determine whether
conditions are so inadequate as to require
the Bureau to withhold services generally
made available upon request. These
standards should not in any way dis-
courage (1) voluntary institution of
higher standards by employers or their
associations, (2) the institution and en-
forcement of adequate standards by a..p-
p~opriate authorities .for the maxn-
tenance of safe and sanitary cond]tions
for workers throughout the period of em-
ployment, and (3) the institution and
enforcement of more stringent standards
Citrus Industrial Council
7/1973
by other governmental agencies
regulatory autho~rity.
§ 620.2 , Amendme~Is.
(a) Any interested person may ~t any
time file a petition for a change in the
regulations contained in this part witl~
the AdminiStrator of the Bureau of Em-
ployment Security, Manpower Adminis-
tration, U~S. Department of Labor,
Washington, D.C. 20210.
lb) Any interested persons ~nd or-
ganizations are invited to cooperate~ith
~he Bureau of Employment Secu~i~r
submitting suggestions and requests and
to provide information to the Bureau
concerning the problems of safety and
sanitation in housing for agricultural
workers. In addition, the Director of the
Farm Labor Service of the Bureau
Employment Security shall have author-
ity to obtain information by calling con-
ferences to which he may invite various
persons who have had experience or ex-
pert knowledge concerning this matter.
§ 620.3 Variations.
Ca) A Regional Administrator of the
Bureau df Employment Security may
from time ~o time grant wri4ten permis-
sion to indiVidual: emplOyers to vary from
particular provisions set forth in this
part when the extent of the variation is
clearly speci~ed and it is demonstraied to
his satisfaction thai (1) such variation is
necessary to obtain a beneficial use of an
existing facility, (2) the variation is
necessary ire Prevent a practical d~fficulty
or unnecessary hardship, and (3)
propriate' ialternative measures have
been taken to protect the health and
safety of fioyee and assure that
(b)
iations
place. No
until
Administ~
will be observed.
~or such Var-
State em-
serving the ~rea
to take
· effective
by a Re~onal~
to health. ·
(b) Housfngi shah not be subjec~ to, or
in proxirnity to Conditions that create
or are likely to create offensive odors,
flies, noise, tra~8,1or any similar hazards.
(c) Gr~t~nds Within the housing site
shall be free from debris, noxious plants
(poison ivy, etc.) and uncontrolled weeds
or brush.
(d) The housSng site shall provide a
space for recreation reasonably related
to the size of the facility and the type· of
occupancy.
§ 620.5 Water supply.
(a) An adequate and convenient sup-
ply of water that meets the standards
of the Sta~e hea1~h authority shall be
~ro~ded.
(b) A cold wa~er ~ap sh~lI be available
~th~ 100 feet of each ~dividual living
~t when wa~ ~ not pro~ded ~ the
u~t. Adequate ~a~age facHities
De provided for ove~ow~and spillage.
(c) Common driving cups shall no~
. be'pe~itt~.
~ ~20.~ Ex~e~a an~ ~qui~:-w~ste dis-
posal.
(a) ~aC~i~ies shall be pro~e~
mMntalned for effective ~sposal
excreta and liq~d waste. ~aw or treated
liquid wa~e sha~ no~ be discharged or
a~owed to acc~a~ on ~he
(b) ~ere public sewer sys~s are
a~ailable, all facilities for disposal
~cr~ ad liquid wastes sha~ b~ con-
nected thereto. '
(c) Where public sewers are not ava~-
able, a subsurface septic tank-~eepage
system or other t~e of liq~d waste
~eatment and d~posal system, privies or
portable toilets shall be provided. ~Y
requMemen~ of the State health
' thority shall be complied with.
~ 620.7 Housing.
(a) Ho~Mg shall be stmcturally
so~d. ~ good repair, ~ a sanitary con-
dition and shall provide protection to
the ~cupants against the elements.
(b) Hous~g shall have flooring' con-
st~cted of rigid materials, smooth fin-
ished, read~y cleanable, and so located
as to prevent the entice of ground ~d
surface water.
(c). The following space requirements
shall be provided:
(1) For sleeping purposes 0nl~ in
~amily units and ~ dormito~ accommo-
dations ~ing single be~, not less than
50 square ~eet of floor space per occu-
pant;
(2) For sleeping pu~oses i~ dorm~-
~o~ acco~gdations us~g double bu~
beds only, not le~ tha~ ~0 square fees
per occupant;
f3) For combined cooking, eating, and
sleeping pu~oses not less than 60 square
feet of floor space per occBpant.
(d) Housing used for families with one
or ~ore 6hfldren over 6 years of age shah
have a room or partitioned sleep~g area
~or the-h~band and wife. ~e partition
shall ~ of ~rigid materials and installed
so as ~ provide reasonable pMvacy.
(e) Separate sleeping accommoda-
tions.shall be pro~ded for each sex or
each family.
'(D Adequate and separate a=ange-
merits ~or hanging clothing and storing
personal off.ts for each person or fam-
i~ shall be pro~ded.
(g) At least one-half of the floor area
~ each living u~t shall have a m~im~
ceiling height of 7 feet. No fl~r space
shall be c~nted ~ward minimum 're-
quiremen~ where the ceiling height
less than 5 feet.
(h) Each habi~ble room (not includ-
ing partitioned areas) shah have at
,le~t one ~ndow or skylight opening
directly to the out-of-d~rs. ~e m~i-
m~ total window or skyHgh~ area,
including windows in doors, shall equal
at least 10 percent of the usable floor
area. The total openable area shall equal
at least 45 percent of the minimum win-
dow or skylight area required, excep~
where comparably adequate.ventilation
i~ supplied by mechanical or some other
method.
§ 620.8 Screening,
(a) All outside openings shall be pro-
tected with screening of not less than
16 mesh.
(b) Ali screen door~ shall be %igh~
fitting, in good repair, and equipped witla
self-closing devices.
§ 620:9 Heating,
Ca) Ali I~ving quarters and service
rooms shall be provided with properly
installed, operable heating equipmenk
capable of maintaining'a temperature of
at least 68° F. if during the period of
normal occupancy the temperature ia
such quarters falls below 68°~
(b) Any stoves or other sources of hea~
utilizing combustible fuel shall be in-
stalled and vented in such a manner as tc
prevent fire 'hazards and a dangerou~
concentration of gases. No portable
heaters other tha~i 'those operated b~
electricity shalI be provided. If a solid ol
liquid fuel stove is used in a room with
wooden or other combustible flooring,
' a concrete slab, insulated
material
each stove, extendin~
at the perimete~
each sex
than on~.
Electricity and lighting.
sites shall be provided
and all corn
such as: Laun
privies, hallway.,
· contain, adequat~
fixtures. A
convert
in eacl
room.
shall be pro
area, and pathway
md lighting fixtures
~nd maintained m a
shall be constructed,
~taini . So as to prevent
dablic health hazard·
~ts or privey seats for
~ in the ratio of not less
· unit for each 15 occupant~,
::Data ~ eommenta Presente~ by D, Narshall Barry, P~,De te t~e :Zeroing
'Be~ ef St'.. Lmele Cemmty relating te the migrant reamp rezeni~g
by the For% Pierce Growers Association:
Variations in. eitrus employment:
A, Tem~eral:. Appr.exima'te~empleyment ef eitrus piekera at maximum:
Pe___ak~nt_ Cba.~ e~i~ ~NUmbe~r
1972-73
197~7/~C].O/15)
In Season. Farm Labor Repe~ts e__.~, reeer~ the number ef farm~erkerS
.empleye~ ena ~ate, .NOT the tot~ ~r avail~hl~ for work. T~
~n ~k em~ent~o~9,~ ~st season ~c~A~ ~th a re~er~
l~rep-
__ ~ ef w~e~ was ~este~. ~ther, last~ Seasen even with
f~er p~e~ ~y~at ~, there were n~ reeer~s set for the ~r
ef boxes piek~ ~ a~ ~ne week. The reason: ~tter utilization ef
f~erkers~.~th a ~ger erep, es~ia~ given the s~ average size
ef ~eves ,~ Florida.
B. SeasonalEmpleyment Levela aha Variation:
Date F~. Pierce State Total Pickers
:L2/31/72 783 16,34o
t/15~73 797 17,515
1 /31/73 817 18,120
2 / 15/73 824 19,105
In a peri~ of only 6 weeke, the number ef pickers empleye~ inereaaea
by 2,765 er an inerease ef 16.9 percent. When viewe~ in the reverse,
· a were experieneing at least a 16o9% rate ef unemployment
In fact it was even higher since the peak level far
O.piekers, er 30,7 pereent mere tJaan enDeeember 31,
This Year in the Ft. Pieree Area:
Date
913o1:3
20
e~Harvesters
O
'fa~ frem being ir,
reeerde~ as
find the~ in the area ~ house~.
IL. ~ Alien WerkersT
~. ~ ~ tb ~se of ~a~ion ae~ ~e ~o~ ~ w~ero
free be~ ~atem d~ ~e the sta~d ef ~ ~ ~e~le~
~tes. ~st se~em, the base ra~ for ~q~ ~ gra~t~ ~
the Fert~ ~oe ~ea ~e as ~s:
Date
Non~Ur~on Grewers
wanted 50 workers mo they could easily
United Farm Workers base ra~e.s..
--'~- ~ e~~-~-uit oranges
25;/bex ;/box
" "
' " "
~ beth eases~ these ra~es e~ste~ as a ~se ~il the end of the seaso~ '
H~e~ro t~8 ra~e difference is ~ ~ ef the ~on~ a~van~ge ef
work~ ~er a ~on eem~a~t. ~her, n~ pieee rat~ ~ ~ i~ituted
at C~a-Co~ beg~ tn J~y, 1~7~. ~r.en~ ~ere
(A~F.L*~.,LO~) ~ For~ ~o~. ~ ~k~s ~ ~o~ de~ossed ~es woro
~ho~o ob~o~t~, ~ho Fo~ ~o~ G~e~se ~s~ton ~o~d
f~ i~ ~0 ~ekors ~th~t ~~ a ~-C~p for ~en werk~.
piece ra~s ~d risen $~r~, then e~enee efa ~b~ short~e
e~t. H~ovo~, pi~e rates as re~rte~ ~ ~e S~te ~e~ent
Se~ee do net ~e~de e~enee ef ~eh a shert~e. As we a~
~ ~ ~es~nt ~obl~, when there is a sh~e ef $~et~, its
~iee rises.
~ . ~. X o~ y~ attention to a letter fr~ ~n ~ 3pieer,. Secre~r
"of C~eO ffor~ tho.~ state, to ~.. Wi~ U. No~oed, Rogio~l ' "': ?'''
. ~er A~strat~ flor the ~~ent of ~ber,
~. is' as fe~s =
: I ~ not at a~ eo~e~ t~t labor is ~vai~ble te
~de $~fioient ~n~eF res~oes to ~ very re~ '
~..: ne~s ef the eit~ t~us~, (~a, 2.
~ther, there was ne intras~ ree~t~ or inters~te
season ~en ~the ~ ~ t~ ~~ ~e gr~rs.
the in, saUte re~i~ent syst~
ut~z~ as yet; ~0 t~ Fort Pie~e Gr~ers' ~s~ia~len,
w~eh is her~ to~ght, e~t~ ~ a~e~ ~e the~ e~ s~vation,
~ not f~ed a ele~anee e~ ~th the 1~ State
~. H~ de th~ ~ th~ thee ~e net ~0 piekers ~t~en'
growers really bays a labor short, ge, ~heir '
it. Their behavior does, however, reflest a
aliens whose alternative :wages in ~o~iee are a .
ef these of Amer!ean.v~kers ami whose vulnerability te :,,
has been redan~antl~ deeUmente~ ever several decades.
~ray fha% ye~ will spare ~lerida yet another p~ten%ial expose'
abuse.
Re~speetfully yeurs,
D. ll~.rshall Barry, Ph.D.
Ass't Professor of Eeonemies
DEPARTI~ENT OF COMMERCE
FLORIDA STATE EMPLOYIViENT SERVICE
RURAL
MANPOWER
BULLETIN
FFICE OF RURAL MANPOWER SERVICES/CALDWELL BUiLDING/TALLAHASSEE, FLORIDA 32304/TELEPHONE:904..488-321_8
~ public document was promulgated at an annual cost of
$8,485.12, or 21 cents per copy including postage, to pro-
vide Current information regarding agricultural conditions
and assist in the placement of farm workers as required by
Part III, Sections 4960-4999, Employment Security Manual.
Volume 18, Number
November 7, 1973
SOUTH FLORIDA SUM>LARY -- Workers are needed for Belle Glade sugarcane harvest. Slight shortage
in Immokalee area will diminish as more workers return to area. Some underemployment among
tomato crews in Princeton-Homestead area. Increase in harvest activity in Delray Beach area
should help alleviate surplus of workers.
BELLE GLADE -- Workers needed to cut sugarcane and operate tractors and tractor-trailer trucks. '~
Laborers are also needed for sugar mills. Interstate recruitment continues. Crops are in
good condition. Market demand is sufficient for amount being harvested.
DELRAY BEACH-POMPANO -- Surplus of workers in tomatoes, eggplants and mixed vegetables. Increase
in harvest activity expected within a few days. Cool weather is aiding maturity. Market
activity increasing with mixed vegetable harvest.
Ib~KALEE-FORT MYERS -- A Slight shortage of workers exists but will diminish as more workers
return to area. A limited amount of new housing for farm workers will become available as it
is completed. Increase in cuke, tomato and pepper harvests. Market in all vegetables reported+
good as northern mark·ets decline.
PRINCETON-HOMESTEAD.-- Some unde..reml01oyment among tomato crews. This condition will probably
continue through-the end of November. Plastic beds and lower tomato acreage have combined to
reduce the need for preharvest labor. Light pole bean harvest is underway--labor demand is in-~'
Creasing. Lime harvest is beginning seasonal decline. Weather and market are having no effect
on labor demands at this time ........
CENTRAL FLORIDA SUMMARY -- Labor supply and demand generally in balance. Slight 'shortage
· workers in citrus harvest in Dundee area. Citrus harvest is increasing. Irrigation is being.
used in some areas. Tomato harvest in Ruskin beginning this week.
~:~VERO BEACH-FORT~ P~IERCE -- Citrus harvest is increasing. Most packing h°uSes':ar~'~'opening.~ ~?:
TOmatoes are ~ sizing up due to earlier wet weather.
of citrus increases as more fruit reaches
local to meet labor needs. There is an increasing need for Most areas
~UFOm> -
in balance.
should be ~k.
Harvests of~cucumber~ '* 'and ~'leaf
Limited harvest of citrus.~
UNITED FARM WORKERS, a
labor organization, et al
IN THE CIF/CUIT COUIqT OF THE NINETEENTtlIUDICIAL
CIRCUIT OF FLORIDA. IN AND FOlq ST. LUCIE COUNTY
Plaintiftk
GENERAL JURISDICTION DIVISION
--VS--
CIVIL ACTION
SUMMONS
W. R. MCCAIN, et al
Defendanl~
ASSIGNED TO
JUDGE ALDERiViA~
THE STATE OF FLORIDA:
To All and Singular the Sheriffs of the State:
YOU ARE HEREBY COMMANDED to serve this summons and a copy of the complaint or petition
ia this action on defendant:
AL THOMAS, CHIEF
Building and Zoning Department for
St. Lucie County
Atlantic Avenue
Fort Pierce, Florida
D/~TI~ & TIME
.EmvE
DATE & T~E
O. L NORVELE, Sheriff
~ / St La~e ~a~. FI0r]da'
Each defendant is required to serve written defenses to the comDlaint"~or petition on Plaintiff's
attorney, to wit: KAPLAN, DORSEY, SICKING & ItESSEI~I,
whose address is: 1951 M. W. l?th Avenue
Miam±, Florida 33125
WITNESS my hand and the seal of said Court on
within 20 days after serviceof this summons on that defendant, exclusive of the day of service,
and to file the original of the defenses with the Clerk of this Court either before service on
Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be
entered against that defendant for the relief demanded ~in the complaint or petition.
~~,,too/ /~ ,197~
ROGER POiTRAS
as Clerk of said Cou~
by'
/s/ MARY NElL
as Deputy Clerk
Cl R/CT/G.J.-56
(Court Seal)
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
COUNTY , FLORIDA
UNITED FARMWORKERS, a labor
organization and RICHARD SMITH
and JEANETTE ANDERSON and all
others similarly situated,
Plaintiffs,
-vs-
W. R. MCCAIN, JOHN B. PARK,
E. E. G~EN, ~GEORGE PRICE, :
· EDW~.~ ~ENNS both individually
of the Board of :
of St.
~ucie Cdunty and AL THOMAS, Chief :
of the Building and Zoning
Department fdr St. Lucie :
County,
Defendants.
ASSiGnED
JUDGE ALDERgAN
COMPLAINT FOR INJUNCTION AND
DECLARATORY RELIEF
CLASS ACTION
COMES NOW the Plaintiffs, UNITED FARM WORKERS, a labor
organization and RIC}L~RD SMITH and JEANETTE ANDERSON and all others
similarly situated', suing the Defendants, W. R. MCCAIN, JOHN B. PARK,
E. E. GREEN, GEORGE PRICE, EDWARD G. ENNS both individually and
~s members of the Board of County Commissioners of St. Lucie County
and AL THOMAS, Chief of the Building and Zoning Department for St.
Lucie County.
1. This is an action for equitable and declaratory relief,
seeking a mandatory injunction to compel Board of County Commissioners
of St. Lucie County to rescind Section 7, Subsection 22 of the Com-
prehensive Zoning Resolution of St. Lucie County which was passed by
the Commission on November 20, 1973. Plaintiffs seek a declaration
that said amendment is invalid. Furthermore Plaintiffs seek an
injunction to restrain Defendant, A1 Thomas, from issuing any
building, mobile unit, or occupancy per~its for establishing or occupying
any portable labor camps as contemplated by said amendment.
2. Defendants, W. R. MCCAIN, JOHN B. PARK, E. E. GREEN,
GEORGE PRICE and EDWARD G. ENNS are the County Commissioners of
St. Lucie County who passed the aforementioned zoning resolution in
their official capacity as County Commissioners.
the affect of the zoning amendment on the general health, welfare and
economic well-being of the local community; they failed to exercise their
plannimg function as mandated by the statutes; and they clearly failed
to give consideration to the economic arguments which amply demonstrated
the adverse affects of the proposed amendment, in violation of their
obligation to do so, set forth in the statute.
16. The Defendants', County Commissioners' , failure to meet their
statutory obligations as to the consideration of the zoning amendment and
their failure to consider health, safety, welfare, and morals of the
community, represents a non-constitutional abuse of their authority.
17. Defendant, A1 Thomas, has the duty of granting building,
mobile homes and occupancy permits under the Comprehensive Zoning
Resolution of St. Lucie County.
18. Defendant, A1 Thomas, has the duty of issuing such permits
~for buildings, zoned under Section 7, Subsection 22 of the Comprehensive
Zoning Resolution of St. Lu¢ie County.
19. If Defendant, A1 Thomas, is permitted to issue such permits
for the establishment or occupancy of the proposed portable labor camp
contemplated by the amendment, the Plaintiffs will suffer irreparable
harm.
20. Plaintiffs have no adequate remedy at law.
21. Defendant, Board of County Commissioners of St. Lucie
County, is the governing board of St. Lucie County.
WHEREFORE, the Plaintiffs pray that this Court grant the
following relief:
1. That the Court enter a temporary ~njunction enjoining the
issuance of building, mobile home or occupancy permits by the Defendant,
A1 Thomas, or by anyone at his ~dir~t~on, for any dwellings that are
authorized under Section 7, Subsection 22 of the Comprehensive Zoning
Resolution of St. Lucie County. ~
2. That the Court enter permanent injunction prohibiting issuance
of building, mobile homes or occupancy permits by Defendant, A1 Thomas,
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or by anyone at his direction, for any dwellings that are authorized
under Section 7, Subsection 22 of the Comprehensive Zoning Resolution
of St. Lucie County.
3. That the Court declare that S~ction 7, Subsection 22
of the Comprehensive Zoning Resolution of St. Lucie County is invalid
because it was improperly enacted.
4. That the Court declare that Section 7, Subsection 22
of the Comprehensive Zoning Resolution of St. Lucie County is
unconstitutional.
5. That the Court Order the County Commissioners of St.
Lucie County to rescind Section 7, Subsection 22 of the Comprehensive
Zoning Resolution of St. Lucie County.
STEVE PEARLMAN, ESQUIRE
Attorney for Plaintiffs
1710 Avenue E
Fort Pierce, Florida
KAPLAN, DORSEY, SICKING & HESSEN, P.A.
1951 N. W. 17th Avenue
Miami, Florida 33125
MARK E. POLEN
--5=
STATE OF FLORIDA )
SS
COUNTY OF ST. LUCIE )
WE, RICHARD SMITH and JEANETTE.ANDERSON, having been
duly cautioned and sworn, under oath, say that we are the Plaintiffs
in the above styled cause, that we have read the foregoing Complaint
and that the statements contained therein are true and correct.
BEFORE ME, the undersigned authority personally appeared
RICHARD SMITH and JEANETTE ANDERSON, and they have subscribed hereto
their hand and seal before me this of ~(31~e-~ ,
197>~. , ·
N~%y Public,State of Florida
at Large
My Commission Expires:
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