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HomeMy WebLinkAboutMay 17, 2012 Special Meeting Agenda Packet~~ Illlllllllilllllllllllllllll~l(Ililllllllllllillll~llll'll~lllll'i~llillll'lllllllilll'lillllllllllllll'lilll'lllllllfll(1111'I~lll'llllllll'fliliilii~liillillllllillllillllllilillll'ill(Illiililliilliililllliilllilllllil May 17, 2012 10:00 A.M. CONFERENCE ROOM #3 ESPECIAL MEETING BOARD OFCOUNTY-COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE, PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION-PLEDGE - To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first Tuesday at 6:00 P.M. or as .soon thereafter as possible and on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed r~ior to the listed time. The Chairman will open each public hearing and- asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board, ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone, If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9;00 A.M., unless otherwise advertised, Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 17, 2012 10:00 A.M. _ SPECIAL MEETING BOARD OF COUNTY COMMISSIONERS www.cost-lucie.fl.us www.stlucieco.org ,,,,: 4 ,,,,,.,,~, ,,, .„4,.{, .,,,,, ,,,{, .., ,.l~,l{,{ !,{, ,1..,.4,,.1.4„ !, ,, l„~.l. {!.,{, !4„{!,!.!! ! ~„~„l,,, ,,,,,,,,,,,, { ,,.,:.„. .„.,..„1,,,,,. ii'umuuuummunuiiiiu'iiuniiiiimiiidnuuiruuairnunnuuununmraiiiiniuutiiruYrutimrumlunuiimunnanmuiurnnuuiurumiumrmrlmunuunirmum Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 r!l1 ~~11!.I~ .: ~• ~~rl ~. I~~Irrl 11 ~.!.! fll~f!1 ~_r.r.:l 1_. ,I:-! ,r.{!! .l.{.F ~...4){. 1l 1l. i.:ll i-~1 A~.1.1.1 .t.l1{. !4 ~!!.!i{{.!1{1 ltt {~..4e~l~+V {r~ rlt ui'riiuu~oi~iiiunumnuummiitmnmmmmnuuuiuumnlmmiiimuu~naiumimmummmlmimiiiuuirnmimmlmirmummuunumiiiirii`riiiiiimr'aii'uiiii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. GENERAL PUBLIC COMMENT IV. CONSENT AGENDA A. COUNTY ATTORNEY Medicaid Program -Memorandum of Agreement with State of Florida Department of Children and Families for Limited County Access to Florida System Data Consider staff recommendation to approve the proposed Memorandum of Agreement with the State of Florida Department of Children and Families, and authorize the Chairman to sign the Memorandum of Agreement. REGULAR AGENDA V. PLANNING & DEVELOPMENT SERVICES Business & Concurrency Management Division: Upcoming May 24th Roundtable Meeting with Congressman Allen West and the Army Corp of Engineers -Jacksonville office Consider staff recommendation to adopt the top two "priority projects" and two "priority concerns" for submittal to Congressman West and discussion at the May 24th Roundtable meeting. VI. PUBLIC WORKS Utility Division: St. Lucie County Utilities Service Area Adjustment Consider staff recommendation to approve the Interlocal Agreement with Fort Pierce Utilities Authority and authorize the Chairman to sign documents as approved by the County Attorney. VII. ADMINISTRATION Discussion on draft agenda for Joint Meeting with City of Port St. Lucie NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity tocross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. . //''''''~~//^~ 1.EtiJ ~ IV 1 ~ ,,~ F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Medicaid Program -Memorandum of Agreement with State of Florida Department of Children and Families for Limited County Access to Florida System Data BACKGROUND: See C.A. No. 12-0619 FUNDS AVAIL.(State type & No. of transaction or N/A}: Acct. No.001-6420-549002/3-600 (Medicaid Hospital and Nursing Home) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Memorandum of Agreement with the State of Florida Department of Children and Families, and authorize the Chairman to sign the Memorandum of Agreement. COMMISSION ACTION: (]APPROVED [ ]DENIED [ ]OTHER: AGENDA REQUEST ITEM NO. IV-A PRESENTED BY: Heather Young Assistant County Attorney CONCURRENCE: Date: May 17, 2012 Regular [ ] Public Hearing [ ] Consent [X] Faye W. Outlaw; M.P.A., ICMA-CM County Administrator County Attorney: D ~~Intyre Originating Dept.: Beth Ryder Finance (Check for Copy only, if applicable): Coordination/Sienatures Mgt. & Budget: Other: Purchasing: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA T0: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. N0: 12-0619 DATE: May 15, 2012 SUBJECT: Medicaid Program - Memorandum of Agreement with State of Florida Department of Children and Families for Limited County Access to Florida System Data BACKGROUND: Attached to this memorandum is a copy of a proposed Memorandum of Agreement with the State of Florida Department of Children and Families (DCF) for Limited County Access to Florida System Data. The agreement will permit authorized County staff to access the Florida Online Recipient Integrated Data Access (FLORIDA) system to confirm Medicaid recipient addresses. Use of the system will be subject to the security requirements set forth in the agreement. DCF will provide training to authorized County personnel regarding access to the FLORIDA system. The term of the agreement is five (5} years subject to early termination without cause upon thirty (30) days notice or a minimum of twenty-four (24} hours if terminating for cause. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Memorandum of Agreement with the State of Florida Department of Children and Families, and authorize the Chairman to sign the Memorandum of Agreement. Respectfully submitted, " /O•_ . r Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Housing and Community Services Director Social Services Manager Deputy Clerk ' !Inrttl:l [)f'(>ifrltClUnC Of "hrldrnn & Famllles ~°~ Rick Scott '~~~ ~r! State of Florida ~~~~ Department of Children. and Families Governor ~'~ ~ David E. Wilkins ~: ~~ Secretary STANDARD MEMORANDUM OF AGREEMENT FOR LIMITED COUNTY ACCESS TO FLORIDA SYSTEM DATA This Memorandum of Agreement for Limited County Access to FLORIDA System data (MOU) is entered into between the Florida. Department of Children and Families (the Department) and County (the County): WHEREAS, the Department maintains certain information in its Florida Online Recipient Integrated Data Access system (FLORIDA) System regarding applicants seeking to qualify for Medicaid Services; WHEREAS, the County needs to access limited data on the FLORIDA System to confirm limited information regarding recipients of Medicaid Services within the. County for payment purposes; and WHEREAS, the Department is willing to provide the County with limited access to the data in the FLORIDA System for such .purposes, provided that the County complies with certain security requirements. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. The foregoing recitations are true and incorporated into the terms of this MOU by reference. 2. Conditioned on the County's compliance with the terms of "Exhibit A" to this MOU and the terms below, the Department will grant authorized County personnel limited access to the FLORIDA System to verify Medicaid recipient addresses. Authorized County personnel will be provided "view only" access to the screens shown in "Exhibit B" to this MOU (the limited FLORIDA data). The Department will have sole discretion to determine the means of access and the manner of display of the limited FLORIDA data. 3. The County hereby agrees to comply with the terms of "Exhibit A" and will access the limited FLORIDA data exclusively for purposes of verifying Medicaid recipient addresses and will not utilize nor permit any person to utilize the limited FLORIDA data for any other purpose. Any County record of the limited FLORIDA data shall be maintained and used only in accordance with the terms of this MOU. 4. The Department will provide appropriate and timely training and support to the county with regard to FLORIDA system access. 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 Mission: Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency 5. Prior to granting access to the FLORIDA System to individual users at the County level, the following must be accomplished: a. The Department must be in receipt of a signed MOU with the appropriate County entity(ies). b. The Department must be in receipt of a FLORIDA Individual Security Information Form ("Exhibit C") for each user requesting access to the FLORIDA System. c. The Department must be in receipt of a signed DCF CF 114 form "Security Agreement Form" (Exhibit D). This form should accompany Exhibit C. d. Individual users must have received confirmation from the FLORIDA Application Data Security Administrator that access has been granted and received a user ID and an initial password. e. Individual users have completed FLORIDA access training. f. Individuals have completed the required initial Department online security training, and have printed out their completion certificate for their local personnel file. A copy of the security-training certificate should accompany Exhibit C. This training is required annually after completion of the initial training. 6. Term and termination. This MOU shall commence the last day executed by all parties and shall continue .for a -period of five years, provided, however, that the confidentiality requirements regarding the limited FLORIDA data shall survive the expiration or termination of this MOU. This MOU may be terminated by either party without cause upon 30 days written notice. This MOU may be terminated by either party for cause upon no less than 24 hours written notice. The Department may administratively suspend access to the FLORIDA System at any time the Department has reason to believe that the County is not in full compliance with the provisions of this MOU. 7. To the extent permitted by law, including Section 768.28, Florida Statutes, and without .waiving the limits of sovereign immunity, the County shall indemnify the. Department, its officers, employees and agents from any suits, actions, damages, claims and costs of every name and description, including attorneys' .fees, relating to access to or use of the limited FLORIDA data by the County, its officers, employees or agents. 8. This MOU executed and entered into in the State of Florida, shall be construed, performed and enforced in all respects in accordance with Florida law and venue shall be in Leon County, Florida. 9. There are no provisions, terms, conditions, or obligations other than those contained herein, and this MOU shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. 10. If any term or provision of this MOU is legally determined unlawful or unenforceable, the remainder of the MOU shall remain in full force and effect and such. term or provision shall be stricken. 11. Modifications of provisions of this MOU shall be valid only when they have been reduced to writing and duly executed by the duly authorized officials of both parties. 12. The parties contact coordinators for the administration of this MOU are: County contact/coordinator: Beth Ryder Housing and Community Services Director- St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-1777 ryderb(a~stlucieco. org Department contact/coordinator: Bruce R. Belrose Chief, Operations and Research Florida Department of Children and Families Economic Self-Sufficiency Program Office 1317 Winewood Boulevard, 3-426 Tallahassee, FL 32399-0700 850-717-4083 Bruce belrose(a~dcf.state.fl.us IN WITNESS THEREOF, the parties hereto have caused this Memorandum of Agreement to be executed by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS FLORIDA DEPARTMENT OF CHILDREN ST. LUCIE COUNTY, FLORIDA AND FAMILIES Signature Date Date Tod Mowery Chairman, Board of County Commissioners ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney Signature Ann M. Berner Director, Economic Self-Sufficiency Program Attachments: Exhibit A -Use and Security Requirements Exhibit B -FLORIDA system screen shots Exhibit C -FLORIDA Individual Security Information form Exhibit D - DCF CF114 Security Agreement Form EXHIBIT A -USE AND SECURITY REQUIREMENTS The County agrees to comply with the following use and security requirements: 1. That the information obtained from the Department's system pursuant to the MOU (hereinafter "the limited FLORIDA data") is confidential in nature and protected from disclosure by State and Federal Law. 2. To restrict the transmission of the limited FLORIDA data using secure file transfer protocols to County personnel who have a verifiable need to know in the performance of their official duties for the purposes stated in Section 3 of the MOU. 3. To maintain a listing of County personnel granted on-line access privileges to the Department's system pursuant to this MOU and, upon request, make such information available to the Department. At a minimum, the list will include the user's first and last name, User Identification (USERID), date access was granted/changed/deleted, dates of initial security training and annual awareness training. This information will be maintained for a period of 5 years after access has been terminated or until administrative purposes have been served, whichever is longer. 4. To abide ~ by IT Security .Awareness training provided by the Department at htto://www.dcf.state fl us/admin/training shtml or an equivalent security training provided to court IT securty officers. Initial and annual refresher 1T Security Awareness training shall be documented. 5. To comply with State of Florida network security requirements specified in Florida Administrative Cade 60DD-2.006, Network Security. 6. That the limited FLORIDA data may not be re-disclosed by -the County or its personnel verbally, electronically or in any other forms except as specifically authorized by law or regulation and in compliance with 42 C.F.R., Subpart F. 7. That any the limited FLORIDA data will be used only for the purposes stated in Section 3 of the MOU and may be disclosed only for such purposes. 8. That the limited FLORIDA data shall be stored in a place physically secure from access by unauthorized persons. 9. To safeguard access to the limited FLORIDA data in such a way that unauthorized persons cannot view, print, copy or retrieve the information by any means. 10. To instruct all personnel granted on-line access privileges to the Department's system or granted access to the Limited FLORIDA data in the County's possession regarding the confidential nature of the information, the safeguards and requirements of this MOU and the provisions of Chapters 71A-1 and 71A-2, Florida Administrative Code as well as Chapters 119, 812, 815, 817, 839 or 877, Florida Statutes, or similar slate and federal requirements. 11. To adhere to the confidentiality requirements stated herein, and to fully. and promptly report any infraction of these requirements to the respective contacts specified in Section 10 of the MOU. 12. To promptly notify the Department of any breach of security related to the limited FLORIDA data in its possession and to be responsible for full compliance with section 817.5681, F.S., if applicable, in the event of a breach of security concerning confidential personal information in its possession received from one another, including but not limited to, providing notification to affected persons. 13. To provide any such breach notification, if applicable, to the Department for prior review and approval of the contents of the notice. 3 "EXHIBIT B" Limited FLORIDA Data "EXHIBIT B" Limited FLORIDA Data "EXHIBIT B" Limited FLORIDA Data 'O z a ~ o ~ z ~ ~; o >~ 0 ~ ~ H ~ ~~ ~ ~ ~ ,~ a~ ~ ~ c~ N y U ~~ o a ~i i U O ~ .i $ x~ Q i z z ~ yy ~y +' f O ~ ~ ~ * ;; P. G C ~ U •'~-' + m ~ ~ Ci cUi ( y ~. # r O ~` T ..~ •.S ,x H ~i H ~"I I I `o z Z a W ~ ~ ~" t/i a z h w u ~ •N U ~ O U ~ N m u U U Cq Q ~ FJ7 ~ O `4 dro w Q V 1~. q Q~C • ~;: : . ~ , :: . . . , o,. . ..~. 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V1 z w c Q A ,d ~ ~ o ~ ~ o r.+ y ~ O O a+ R r-+ ~ ^ to ..y. d+ 6' R cC U W O W A '~ ~ ~ c ~ N VI ~ Z W F ~ C ..cc..~.~ ~, ca ~ ~ ~; ~ Z ~ ~ ~ ~ ~ W a ~ Q ~ y ~ o c o U '~" ~ Q o ~ °' a c~ 0 „ .~ ~ ..C y CC a~ '~ y R7 _ lC ~ H [~A ~ ^~ p .~" C7 ~ ~ ~ ~ w ~ W ~ 4i ~ ~ o v ~ ~ ro ~v d ~ ~ o o ~ ``" ~ ^o ~ w , , -~ a Fir N N .~ ~ y N i N 3 l ~ ~ t ~ M D ~ yy ~ ~ .~. t 44.. 0 y~ f y f] ~ CJ . CC W " , .--+ E~ N ~ y t+1 N~ M H ,~ ~ O a, c . . ~ C~^ O M O M O A~ C ~ `° `~ ~ `~ U ~ ° o; ~ 0 n ~° .~ a i z ~-- ~ ° ' ~ 0 ~ o ~ ~ ~ ~ ~ N O *~ d ~ ab _ c is. a c~. O ~ H ... N~ -~ -+ O N 0 N ~ N ~~ V O _^ , N M ~ U ~ _ ~ U ~ _ y U ~ _ y y ~ C~ ~ N Vi ~ V1 ~t E -~ ~ H ~ H ~ H .~ [ a w d q N THE FLORIDA INDIVIDUAL SECURITY INFORMAT ION FORM INSTRUCTIONS The following information is needed for all personnel who request access to the FLORIDA Application. Below is a description of the information necessary for the FLORIDA Individual Security Information Form. 1. LAST NAME: The User's last name (max 15 characters). 2. FIRST NAME: The User's first name (max 15 characters). 3. MIDDLE INITIAL: The User's middle name -optional. 4. PREFIX: The User's prefix. Example MR, MRS, MS (max 4 characters) optional 5. SOCIAL SECURITY NUMBER The User's social security numbers (max 9 characters). 6. POSITION TTTLE: The User's position title (Clerk Typist, Receptionist,. and Public Assistance Specialist). 7. UCB: Indicates if individual requires access to the Agency For Workforce Innovation System. 8. AGENCYBUSINESS: The agency or business the User is employed by. 9. CONTRACTED WITH: List the Agency the User is contracted with (DCF, DOR, AHCA, etc.). 10. ACCESS TO FEDERAL TAX INFORMATION: Indicates if individual requires access to Federal Tax Information. 10a. ACCESS TO SAVE: Indicates if individual requires access to US Citizenship and Immigration Services. l Ob. ACCESS TO AMS: Indicates if individual requires access to AMS. 1 Oc. AMS ROLE: The AMS Roles controls the user access. The roles listed below can be assigned. • Administrator • Call Center Administrator • Call Center Agent • Case Maintenance ESSS • Case Processor • Change ESSS • Child In Care ESSS • Clerk /Receptionist • Inquiry Only /Help Desk • Intake Specialist • Interview Clerk 3 • Program Office • Regional Security Officer • Statewide Security Officer • Transfer Coordinator • Unit Supervisor • Unit Supervisor Inquiry Only access to RR • Universal 11. ACTION REQUIRED: Indicate the action needed for each User ID. A = ADD, C = CHANGE, D = Delete, S = Suspend, R =RESUME. 12. USER ID: This is the RACF User ID. The User ID will be assigned by ISCO. 13. WORKER TYPE: Indicates the types of access the worker will have in the system: • PY for Confidential Caseload Personnel, i.e.: Child in Care and employee clients. • P for Public Assistance • PD for Public Assistance District Change Worker • PS for Public Assistance Service Site Change Workers • C for Child Support Enforcement • PC for Confidential Caseload Persormel -can work on cases statewide • PT for Statewide Worker • PM for Public Assistance District Change Worker -allows access to disability screens NOTE: PC and PT can only be assigned by the Sate Security officer in Headquarters. WHO SHOULD HAVE THE PS AND PD WORKER TYPES? The PS and PD worker types have the ability to cross validation lines for either a service center or an entire district. For this reason, these worker types must remain tightly restrictive and should only be assigned on an extremely limited basis, in accordance with the following: • Out posted staff (primarily hospital based • Medicaid Eligibility File Coordinators and/or • Change workers SECURITY PROCEDURES FOR ASSIGNING THE PS AND PD WORKER TYPES • PS (Service Site): The Individual Security Information form (CF FORM 113) must be signed by the Operations Program Administrator (OPA) for the service site. • PD (District): The Economic Services Program Administrator must sign the Individual Security Information Form (CF FORM 113). 14. SECURITY PROFILE NAME: The PROFILE assignment controls, which screen what a user can access. Please refer to Attachment A -User Profiles and Their Security Levels 15. SECURITY LEVEL: The Security Level. is used in conjunction with the Administrative Structure and the Security Profile to specify user access. Refer to Attachment A, USER PROFILES AND THEIR SECURITY LEVELS, for the levels that can be assigned to Profile Names. The security levels that are assigned to each Profile Name will be adhered to at all times. • 10 for Clerical • 50 for Workers • 75 for Supervisors • 80 for Coordinators • 98 for Administrators and BR Staff • 99 for State/District Personnel and Security Coordinators 16. PROFILE BEGIN DATE: Enter the date the profile should become active. 17. PROFILE END DATE: Enter the date the profile should be deactivated. 18. DISTRICT/CSE REGION: Enter your district/region number (Ol - 15), Region 23 (Suncoast Region), 90 for Headquarters Personnel,. 19. SERVICE-SITE COUNTY No.; Enter the County where the user is physically located. Valid entries are O1 - 67. (Max 2 characters) 20, SERVICE-51TE LOCATION NO.: Enter the Service-Site Number for the building the user is physically located. (Max 3 characters) NOTE: The Service-site county and the Service-site location must be a valid entry in the Service Site Table, TCTY. 21. SUNCOM #: The user's SUNCOM telephone number (max 3 characters} 22. AREA CODE and PHONE #: The user's area code (max 3 characters) and the local telephone number, (max 7 characters). Include the telephone extension number when applicable, (Maximum 5 chazacters). 23. User E-Mail address: Enter the users E-Mail address 24. ADMINISTRATIVE UNTT ASSIGNED: Enter the Administrative unit the user is assigned to. (Max 5 chazacters) 25. SUPERVLSORY UNIT ASSIGNED: Enter the supervisory unit the user is assigned to (Max 5 characters). 26. PRIMARY UNIT SUPERVISOR'S ID: Enter the ID of the user's primary unit supervisor. (Max 7 characters). 27. CASELOAD NUMBER: Enter the user's caseload number. (Max 6 characters) 28. SUPERVISOR'S NAME: Enter the NAME of the user's primary supervisor 29. PHONE #: Enter the PHONE # of the primary supervisor (Max 7 characters). Include the telephone extension when applicable (Max 5 characters). 30. NSTIFICATION/COMMENTS: Use this field to clarify changes, to explain why a nontraditional (non-public assistance, PI, or CSR workers) user requires access to the FLORIDA System. 31. SIGNATURE OF REQUESTER AND DATE: The signature and date of the requester/supervisor is required. 32. SIGNATURE OF ADMINISTRATOR OR NEXT LEVEL SUPERVISOR DATE: The Administrator or next level Supervisor must review this form prior to signing and dating. 33. SIGNATURE OF DISTRICT SECURITY OFFICER: The Security Officer wilt sign when the user information has been entered into the FLORIDA Application. 34. SIGNATURE OF HQTR SECURITY OFFICER: 35. SIGNATURE OF OPA/PROGRAM ADMINISTRATOR: If the WORKER TYPE is "PS: then OPA/POA's signature is required. If the WORKER TYPE is "PD" the Program Administrator's signature is required. r_-~h: ~;+- ~ ~~ ~• ~°~ tea„ SECURITY AGREEMENT FORM The Department of Children and Families has authorized you: Employee's or Contractor's Name/Organization to have access to sensitive data using computer-related media (e.g., printed reports, microfiche, system inquiry, on-line update, or any magnetic media). Computer crimes are a violation of the department's Standards of Conduct. In addition to departmental discipline, committing computer crimes may result in Federal or State felony criminal charges. I understand that a security violation may result in criminal prosecution according to the provisions of Federal and State statutes and may also result in disciplinary action against me according to the department's Standards of Conduct in the Employee Handbook. Sy my signature below, !acknowledge that I have received, read, understand and agree to be bound by the following: • The Computer Related Crimes Act, Chapter 815, F.S. • Sections 7213, 7213A, and 7431 of the Internal Revenue Code; which provide civil and criminal penalties for unauthorized inspection or disclosure of Federal tax data. • 6103(1)(7) of the Internal Revenue Code, which provides confidentiality and disclosure of returns and return information. • CFOP 50-2. • It is the policy of the Department of Children and Families that no contract employee shall have access to IRS tax information or FDLE information, unless approved in writing, byname and position to access specified information, as authorized by regulation andlor statute. • It is the policy of the Department of Children and Families that I do not disclose personal passwords. • It is the policy of the Department of Children and Families that I do not obtain information for my own or another person's personal use. • I will only access or view information or data for which I am authorized and have a legitimate business reason to see when pertorming my duties. I shall maintain the integrity of all confidential and sensitive information accessed. • "Casual viewing" of employee or client data, even data that is not confidential or otherwise exempt from disclosure as a public record, constitutes misuse of access and is not acceptable. • The Department of Children and Families will perform regular database queries to identify misuse of access. • Chapter 119.0712, Florida Statutes, and the Driver Privacy Protection Act (DPPA). PRIVACY ACT STATEMENT: Disclosure of your social security number is voluntary, but must be provided in order to gain access to department systems. It is requested, however, pursuant to Section 282.318, Florida Statutes, the Security of Data and Information Technology Resources Act. The Department requests social security numbers to ensure secure access to data systems, prevent unauthorized access to confidential and sensitive information collected and stored by the Department, and provide a unique identifier in our systems. Print Employee/Contractor Neme Signature of Employee/Contractor uare Print Supervisor Name CF 114. PnF nannan Signature of Supervisor Date ~•-••~~~•.~,~ .....~,,,oa. .,nymai -.rersonnei ruarcontract File; Copy -Employee/Contractor CHAPTER 815: COMPUTER•RELATED CRIMES 815.01 Short title. The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act." (History: s. 1, ch. 78-92.) 81b.02 legislative intent. The Legislature finds and declares that: (1) Computer-related crime is a growing problem in government as well as in the private sector. (2) Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime. (3) The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business enterprises through the introduction of fraudulent records into 9 computer system, the unauthorized use of computer facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets are great. (4) While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse. (History: s. 1, ch. 78-92.) 676.03 Definitions. As used in this chapter, unless the context clearly indicates otherwise: (1) "Access" means to approach, instruct, communicate with, store data. in, retrieve data from, or otherwise make .use of any resources of a computer, computer system, or computer network. (2) "Computer" means an internally programmed, automatic device that performs data processing. (3) "Computer contaminant" means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. The term includes, but is not limited to, a group of computer instructions commonly called viruses or worms which are self-replicating orself-propagating and which are designed to contaminant other computer programs or computer data; consume computer resources; modify, destroy, record, or transmit data; or in soma other fashion usurp the normal operation of the computer, computer system, or computer network. (4) "Computer network" means any system that provides communications between one or more computer systems and its input or output devices, including, but not limited to, display terminals and printers that are connected by telecommunication facilities. (5) "Computer program or computer software" means a set of instructions or statements and related data which, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. (6) "Computer services" include, but are not limited to, computer time; data processing or storage functions; or other uses of a computer, computer system, or computer network. (7) "Computer system" means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files. (8) "Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data . maybe in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device. (9) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security. (10) "Intellectual property" means data, including programs. (11) "Property" means anything of value as defined in [Footnote 1] s. 812.011 and includes, but Is not limited to, financial instruments, ~ information, Including electronically produced data and computer software and programs In either machine-readable or human-readable form, and any other tangible or Intangible item of value. (History: s. 1, ch. 78-92; s. 9, ch. 2001-54.) ([Footnote 1] Note`. Repealed by s. 16, ch. 77-342.) 815.04 Offenses against intellectual property; public records exemption. (1) Whoever willfully, knowingly, and without authotlzation~modifies data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. (2) Whoever willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property. (3) (a) Data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 which resides or exists internal or external to a computer, computer system, or computer network which is held by an agency as defined in chapter 119 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Whoever willfully, knowingly; and without authorization discloses or takes data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual ProPertY• (4) (a) Except as otherwise provided in this subsection, an offense against Intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (History; s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406.) 815.045 Trade secret information. The Legislature finds that if is a public necessity that trade secret information as defined in s. 812.081, and as provided for in s. 815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such records. Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying with chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The Legislature in making disclosure of trade secrets a crime has clearly established the importance attached to trade secret protection. Disclosing trade secrets in an agency's possession would negatively impact the business interests of those providing an agency such trade secrets by damaging them in the marketplace, and those entities and individuals disclosing such trade secrets would hesitate to cooperate with that agency, which would impair the effective and efficient administration of governmental functions. Thus, the public and private harm in disclosing trade secrets significantly outweighs any public benefit derived from disclosure, and the public's ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets. (History: s. 2, ch. 94-100.) (Note. Formers. 119.165) 815.06 Offenses against computer users. (1) Whoever willfully, knowingly, and without authorization: (a) Accesses or causes to be accessed any computer, computer system, or computer network; (b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system 7 of 5 services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or In conjunction with another; (c) Destroys, takes, injures, or damages equipment or supplies used or Intended to be used in a computer, computer system, or computer network; (d) Destroys, injures, or damages any computer, computer system, or computer network; or (e) Introduces any computer contaminant into any computer; computer system, or computer network, commits an offense against computer users. (2) (a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as provided In s. 775.082, s. 775.083, or s. 775.084. (b) Whoever violates subsection (1) and: 1. Damages a computer,, computer equipment, computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $5,000 or greater; 2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or 3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084. (c) Whoever violates subsection (1) and the violation endangers human Ilfe commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084. (3) Whoever willingly, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, Computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.062 ors. 775.D83. (4) (a) In addition to any other civil remedy available; the owner or lessee' of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.- (b) in any action brought under this subsection, the court may award reasonable attorney fees to the prevailing party. (5) Any computer, computer system; computer network, computer software, or computer data owned by a defendant which is used during the commission of any violation of this section. or.any computer owned by the defendant which is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701 - 932.704. (6) This section does not apply to any person who accesses his or her employer's computer system, computer network, computer program, or computer data when acting within the scope of his or her lawful employment. (7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in both jurisdictions. (History: s. 1, ch. 78-92; s. 11, ch. 2D01-54.) 815.07 This chapter not exclusive. The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter. (History: s. 1, ch. 78-92.) SECTION T213 -UNAUTHORIZED DISCLOSURE OF INFORMATION. (a) RETURNS AND RETURN INFORMATION - (1) FEDERAL EMPLOYEES AND OTHER PERSONS - It shall be unlawful for any officer or employee of the United States or any person described in section 6103(n)(or an officer or employee of any such person),or any former officeror employee, willfully to disclose to any person, except as authorized in this title, any return or return information [as defined in section 6103(b)J. Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more-than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer o r employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. (2) STATE AND OTHER EMPLOYEES - It shall be unlawful for any person [not described in paragraph (1)J willfully to disclose to any person, except as authorized in this title, any return or return information [as defined in section 8103(b)) acquired by him or another person under subsection (d),(i)(3)(B)(i),(1)(6),(7),(8),(9),(10),(12),(15) or (16) or (m)(2),(4),(5),(6), or (7) of section 6103. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution. (3) OTHER PERSONS - It shall be unlawful for any person to whom any retum or return information [as defined in section 6103(b)J is disclosed in an manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution. (4) SOLICITATION - It shall be unlawful for any. person willfully to offer any item of material value in exchange for any return or return information [as defined in 6103(b)] and to receive as a result of such solicitation any such return or return Information. Any violation of this paragraph shall be a felony punishable by a floe in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution. (5) SHAREHOLDERS - It shall be unlawful for any person to whom return or return Information [as defined in 6103(b)] is disclosed pursuant to the provisions of 6103((e)(1)(D)(iii) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the cost of prosecution. SECTION 7213A -UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION (a) PROHIBITIONS - (1) FEDERAL EMPLOYEES AND OTHER PERSONS - It shall be unlawful for- (A) any officer or employee of the United States, or (B) any person described in section 6103(n) or an officer willfully to inspect, except as authorized in this title, any return or return information. (2) STATE AND OTHER EMPLOYEES - It shall be unlawful for any person [not described in paragraphsI)] willfully to inspect, except as authorized by this title, any return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2). (b) PENALTY - (i) IN GENERAL -Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution. (2) FEDERAL OFFICERS OR EMPLOYEES - An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment. (c) DEFINITIONS -For purposes of this section, the terms "inspect", "return", and "return information" have respective meanings given such terms by section 6103(b). 2 ot5 SECTION 7431 -CIVIL DAMAGES FOR UNAUTHORIZED DISCLOSURE OF RETURNS AND RETURN INFORMATION {a) IN GENERAL - (1) INSPECTION OR DISCLOSURE BY EMPLOYEE OF UNITED STATES - If any officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against the United States in a district court of the United States. (2) INSPECTION OR DISCLOSURE BY A PERSON WHO IS NOT AN EMPLOYEE OF THE UNITED STATES - if any person who is not an officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against such person in a district court of the United States. (b) EXCEPTIONS - No liability shall arise under this section with respect to any inspection or disclosure - (1)which results from goad faith, but erroneous, interpretation of section 6103, or (2) which is requested by the taxpayer. (c) DAMAGES - In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of- (1)the greater of- (A) $1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is found liable; or (B) the sum of: (i) the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure, plus (li) in the case of a willful inspection or disclosure or an inspection or disclosure which is the result of gross negligence, punitive damages, plus (2) the cost of the action. (d) PERIOD FOR BRINGING ACTION -Notwithstanding any other provision of law, an action to enforce any liability created under this section may be brought, without regard to the amount in controversy, at any time within 2 years after the date of discovery by the plaintiff of the unauthorized Inspection or disclosure. SECTION B103 -CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION (I) DISCLOSURE OF RETURNS AND RETURN INFORMATION FOR PURPOSES OTHER THAN TAX ADMINISTRATION (7) Disclosure of return information to Federal, State, and local agencies administering certain programs under the Social Security Act, the Foad Stamp Act of 1977, or title 38, United States Code, or certain housing assistance programs (A) Return information from Social Security Administration -The Commissioner of Social Security shall, upon written request, disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121 (a) or 3401 (a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of this subsection, to any Federal, State, or local agency administering a program listed in subparagraph (D). (B) Return information from Internal Revenue Service -The Secretary shall, upon written request, disclose current return information from returns with respect to unearned income from the Internal Revenue Service files to any Federal, State, or local agency administering a program listed in subparagraph (D). (C) Restriction on disclosure -The Commissioner of Social Security and the Secretary shall disclose return information under subparagraphs (A) and (B) only for purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of, benefits under a program listed in subparagraph (D), (D) Programs to which rule applies -The programs to which this paragraph applies are: (i) a State program funded under part A of title IV of the Social Security Act; (ii) medical assistance provided under a State plan approved under title XIX of the Social Security Actor subsidies provided under section 1860D-14 of such Act; (ffi) supplemental security income benefits provided under title XVI of the Social Security Act, and federally administered supplementary payments of the type described in section 1616(a} of such Act (including payments pursuant to an agreement entered Into under section 212(a) of Public Law 93-66); (iv) any benefits provided under a State plan approved under title I, X, XIV, or XVI of the Social Security Act (as those titles apply to Puerto Rico, Guam, and the Virgin islands); (v) unemployment compensation provided under a State law described in section 3304 of this title; (vi) assistance provided under the Food Stamp Act of 1977; (vii) State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93-66); (viii) (I) any Heads-based pension provided under chapter 15 of title 38, United States Code, or under any other law administered by the Secretary of Veterans Affairs; (II) parents' dependency and Indemnity compensation provided under section 1315 of title 38, United States Code; (III) health-care services furnished under section 1710(a)(1)(I), 1710(a)(2), 1710(b), and 1712(a)(2)(B) of such title; and (IV) compensation paid under chapter 11 of title 38, United States Code, at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule; and (ix) any housing assistance program administered by the Department of Housing and Urban Development that involves initial and periodic review of an applicant's or participant's income, except that return information may be disclosed under this clause only on written request by the Secretary of Housing and Urban Development and only for use by officers and employees of the Department of Housing and Urban Development with respect to applicants for and participants in such programs. Only return information from returns with respect to net earnings from self-employment and wages may be disclosed under this paragraph for use with respect to any program described in clause (viii)(IV). Clause (viii) shall not apply after September 30, 2008. 3 of5 DRIVERPRIVACY PROTECTION ACT (DPPA) Under state law, motor vehicle, driver license, and vehicular crash records are subject to public disclosure. The Driver Privacy Protection Act (DPPA) keeps your personal Information private by limiting who has access to the information. (http:/lwww.flhsmv.gov/ddl/DPPAInfo.html) 119.0712 Executive branch agency-specific exemptions from inspection or copying of public records. (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. (a) Personal inforration contained in a motor vehicle record that identifies an individual is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution except as provided in this subsection. Personal information includes, but is not limited to; an individual's social security number, driver identification number or identification card number, name, address, telephone number; medical or disability information, and emergency contact information. For purposes of this subsection, personal information does not include information relating to vehicular crashes, driving violations, and driver's status. For purposes of this subsection, the term "motor vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles. (b) Personal information contained in motor vehicle records made confidential and exempt by this subsection may be released by the department for any of the following uses: 1. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; pertormance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of nonowner records from the original owner records of motor vehicle manufacturers, to carry out the purposes of Titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. ss. 1231 et seq.), the Clean Air Act (42 U.S.C. ss, 7401 et seq.), and chapters 301, 305, and 321-331 of Title 49, United States Code. 2. For use by any government agency, Including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions. 3. For use in connection with matters of motor vehicle or driver safety and-theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; pertormance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers. 4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and b. If such information as so submitted is not corrector is no longer correct, to obtain the correct information; but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. 5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or agency or before any self-regulatory body for. a. Service of process by any certified process server, special process server, or other person authorized to serve process in this state. b. Investigation in anticipation of litigation by an attorney licensed to practice law in this state or the agent of the attorney; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. c. Investigation by any person in connection with any filed proceeding; however, the information may not ba used for mass commercial solicitation of clients for litigation against motor vehicle dealers. d. Execution or enforcement of judgments and orders. e. Compliance with an order of any court. 6. For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. 7. For use by any insurer or insurance support organization, or by aself-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting. 8. For use in providing notice to the owners of towed or impounded vehicles. 9. For Use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. Personal information obtained based on an exempt driver's record may not be provided to a client who cannot demonstrate a need based on a police report, court order, or business or personal relationship with the subject of the investigation. 10. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license chat is required under 49 U.S.C. ss. 31301 et seq. 11. For use in connection with the operation of private toll transportation facilities. 12. For bulk distribution for surveys, marketing, or solicitations when the department has obtained the express consent of the person to whom such personal information pertains. 13. For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject of the motor vehicle record. 14. For any other use specifically authorized by state law, if such use is related to the operation of a motor vehicle or public safety. 15. For any other use if the person to whom the information pertains has given express consent in a format prescribed by the department. Such consent shall remain ineffect until it is revoked by the person on a form prescribed by the department. (c) Notwithstanding paragraph (b), without the express consent of the person to whom such information applies, the following information contained in motor vehicle records may only be released as specified in this paragraph: 1. Social security numbers may be released only as provided in subparagraphs (b)2., 5., 7., and 10. 2. An individual's photograph or image may be released only as provided in s, 322.142. 3. Medical disability information may be released only as provided in ss, 322.125 and 322.126. 4. Emergency contact information may be released only to law enforcement agencies for purposes of contactirig those listed in the event of an emergency. (d) The restrictions on disclosure of personal information provided by this subsection shall not in any way affect the use of organ donation information on individual driver licenses or affect the administration of organ donation initiatives in this state. (e)1. Personal information made confidential and exempt maybe disclosed by the Department of Highway Safety and Motor Vehicles to an individual, firm, corporation, or similar business entity whose primary business interest is to resell or redisclose the personal information to persons who are authorized to receive such information. Prior to the department's disclosure of personal information, such individual, firm, corporation, or similar business entity must first enter into a contract with the department regarding the care, custody, and control of the personal information to ensure compliance with the federal Driver's Privacy Protection Act of 1994 and applicable state laws. 4 of5 2. An authorized recipient of personal information contained in a motor vehicle record, except a recipient under subparagraph (b)12., may contract with the Department of Highway Safety-and Motor VehiGes to resell or redisclose the information for any use permitted under this section. However, only authorized recipients of personal information under subparagraph (b)12. may resell or redisclose personal information pursuant to subparagraph (b)i2. 3. Any authorized recipient who resells or rediscloses personal information shall maintain, for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it wfll be used. Such records shall be made available for Inspection upon request by the department. (f) The department may adopt rules to carry out the purposes of this subsection and the federal Driver's Privacy Protection Act of 1994, 1$ U.S.C. ss. 2721 et seq. Rules adopted by the department may provide for the payment of applicable fees and, prior to the disclosure of personal information pursuant to this subsection, may require. the meeting of conditions by the requesting person for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, assurance that the use will be only as authorized or that the consent of the person who is the subject of the personal information has been obtained. Such conditions may include; but need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements as the department requires. (g) Thls subsection. is subject to the Open Government Sunset Review Actin accordance with s. 119.15 and shall stand repealed October 2, 2012, unless reviewed and saved from repeal through reenactment by the Legislature S ofS v ITEM NO. V DATE: 05/17/12 AGENDA REQUEST REGULAR ( X PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart SUBMITTED BY: Planning & Development Services Business/Concurrency Manager SUBJECT: Upcoming May 24th Roundtable Meeting With. Congressman Allen West And The Army Corp of Engineers -Jacksonville Office BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 8, 2012 -The Board reviewed the request by Congressman West for local governments to provide a list of their top two "priority projects" and top two "priority concerns" with the U. S. Army Corp of Engineers. Board recommendations are outlined in the attached memorandum. RECOMMENDATION: Staff is recommending the adoption of two "priority projects" and two "priority concerns" for submittal to Congressman West and discussion at the May 24th Roundtable meeting. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator ICMA-CM CoordinationlSignatures County Attorney ( ) Mosquito Control ( ) (Name) P&DS. ( ) (Name) Public Works ( ) (Name) (Name) 1/ Planning and Development Services Department Business &Concurrency Management Division MEMORANDUM TO: Board of County Commissioners THROUGH: Faye W. Outlaw, MPA, County Administrator ICMA-CM FROM: Michael Brillhart, Business &Concurrency Ma~ ger DATE: May 17, 2012 SUBJECT: Upcoming May 24t" Roundtable Meeting With Congressman Allen West And The Army Corp of Engineers -Jacksonville Office ITEM NO: V. As discuss at the May 8 Informal .Meeting Congressman Allen West has scheduled a Roundtable meeting with the Army Corp of Engineers (ACOE) on May 24t" at the FAU campus in Jupiter to discuss outstanding Corps-related issues affecting St. Lucie, Martin, Palm Beach and Broward Counties. The Congressman has requested local governments to provide their top two "priority projects" and top two "priority concerns" for discussion with the Army Corp of Engineers. Staff is submitting the following items for the Board's consideration: Priority Projects: 1. Continuation of Fort Pierce beach re-nourishment and shore protection. 2. Resolution on the halted "Ten Mile Creek" attenuation project. Priority Concerns: 1. Protection of sand resources off-shore of St. Lucie County as the SE Florida Sediment Assessment and Needs Determination (SAND) study. 2. Reinstatement of Fort Pierce Federal Inlet maintenance dredging. Staff has identified four other (ACOE) related issues that should continue to be monitored but not included for discussion at the roundtable. These other issues include: Other Corp. Issues: 1. Purchase of the remaining 1,300 acres of land needed for the "C-23 & C-24 Reservoir- and Storm-water Treatment Areas" project. 2. Allow for the Fort Pierce Beach General Reevaluation Report (GRE) to be considered suitable fora new 50-year project authorization including constructing structural alternatives and inlet sand bypassing to help reduce the frequency of future beach re- nourishment cycles. "~ Page 2. 3. Request the Corp. to provide the County with $850,000 credit for costs incurred for the General and Limited Reevaluation Reports pertaining to the Fort Pierce Federal beach project. 4. Request legislation for the reauthorization of Federal participation in beach restoration projects that are approaching the end of their 50-year cost sharing period. Each jurisdiction was requested to limit the number of representatives at the meeting to two people. Richard Bouchard was identified as the staff representative. and Commissioner Mowery was identified as the Board's representative. Recommendation: Staff is recommending the adoption of the above listed top two "priority projects" and to~ two "priority concerns" for submittal to Congressman West and discussion at the May 24" Roundtable meeting. cc: Dan McIntyre, County Attorney Lee Ann Lowery, Assistant County Administrator Don West, PE, Public Works Director Mark Satterlee, AICP, P&DS Director Richard Bouchard, PE, Coastal Engineer ALLEN B. WEST 22ND DISTRICT, FLORIDA 17OB LONG WORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515-0922 202-225-3026 FAX 202-225-6398 6300 NE 1srAvENUE, SUITE 100 FT. LAUDERDALE, FL 33334 954-202-6211 FAx 954-202-6212 3111 SOUTH DIXIE HIGHWAY, SUITE 308 WEST PALM BEACH, FL 33405 561-655-1943 Fax 561-655-8018 Ms. Faye Outlaw gauge o~ ~te~regentatibe~ ~a~~jittgtor~, ~U~ 20515-0922 April 19, 2012 St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Dear Ms. Outlaw: ~~~ ~-~ `~~'~dv COMMITTEES: ARMED SERVICES 4+~ SUBCOMMITTEES: EMERGING THREATS AND CAPABILITIES MILITARY PERSONNEL SMALL BUSINESS SUBCOMMITTEES: INVESTIGATIONS, OVERSIGHT, AND REGULATIONS CONTRACTING AND WORKFORCE As you may be aware, since first taking office in January 2011, I have been iri constant communication with the United States Army Corps of Engineers regarding issues of beach renourishment, dredging, permitting and reimbursements of funds for previous projects on behalf of the ports, municipalities and counties located throughout South Florida. As a newly elected Member of the House of Representatives, Iwas constantly frustrated at the lack of progress we had been able to achieve in a timely manner from the Army Corps. Hopeful that more could be done, I hosted a roundtable discussion with the Army Corps of Engineers and local coastal community leaders on October 17, 2011. Recognizing that these issues would not be resolved overnight, I have committed to holding this roundtable biannually. As such, I would like to personally invite you to our second roundtable discussion I will be hosting with leadership from the Jacksonville District of the U.S. Army Corps of Engineers. The roundtable discussion will be held at the Elinor Bernon Rosenthal Lifelong Learning Complex at the MacArthur Campus of Florida Atlantic University (FAU) on Thursday May 24, 2012 at 2:30 pm. The Elinor Bernon Rosenthal Lifelong Learning Complex at FAU is located at 5353 Parkside Drive, Jupiter, FL 33458. During the first part of the roundtable, the Army Corps of Engineers will provide a briefing on all outstanding Corps-related issues that affect Broward, Palm Beach, Martin and St. Lucie Counties, the cities and towns that are located within the counties, as well as those issues that affect each of the Ports located within those counties. The second half of the roundtable will provide an opportunity for each respective party to address their four priority issues or concerns they are having with the Corps, and to have them addressed by Army Corps leadership. Recognizing the many projects and issues that this entails, the Army Corps will work off a set agenda. To ensure that the Army Corps leadership is fully prepared to address each agenda item, please have your respective staff contact our Congressional office to have your top two priorities and top two concerns placed on the agenda. PRINTED ON RECYCLED PAPER ~`/, ,~ Furthermore, in the interest of time and space, I would greatly appreciate that you please limit the number of representatives from your office to two people. As your Representative in the United States Congress, I have a responsibility to ensure that the Army Corps of Engineers, is carrying out their mission to protect our beaches and maintain our ports efficiently and thoroughly. Should you have any additional questions, or to RSVP, and have your top two priorities added to the agenda, please contact my Legislative Director, Josh Grodin, at Josh Grodinna mail.house.gov or 202-225-3026 no later than COB Wednesday May 16, 2012. Once again, I want to thank you in advance for taking time out of your schedule to attend. this roundtable discussion with the Army Corps of Engineers. Steadfast and Loyal, ,~Cr•~ ~3, ~J.~-° Allen B. West Member of Congress AW/j g BOARD OF COUNTY COMMISSIONERS May 14, 2012 Jacqueline J. Keiser, PG, PMP Chief, Coastal/Navigation Section -Water Resources Branch Jacksonville District - US Army Corps of Engineers 701 San Marco Blvd., Room 372 Jacksonville, FL 32207-8175 FRANNIE HUTCHINSON COMMISSIONER Re: SE Florida Sediment Assessment and Needs Determination (SAND) Study Dear Ms. Keiser: This letter is afollow-up to my letter of April 6, 2012; for which I have not yet received a response. Although I have not received a response, St. Lucie County desires to cooperate with the District and FDEP - as partners in the management of St. Lucie County beaches. Note that earlier this month we received minutes of the February 16th meeting, but the minutes do not clarify the expected path of the referenced Study -including the "higher authority" who will determine how "the remaining supply ofbeach-quality sand" will be managed. In light of the above, we herein provide the attached "St. Lucie County -Sand Needs Evaluation for Beach Nourishment" dated March 2, 2012 with the understanding that: Sand resources offshore of St. Lucie County will be optimally employed first for future beach nourishment by St. Lucie County. Specifically, the sand resources within the Capron Shoal and the St. Lucie Shoal - as cited in the attached document will be preserved for nourishment of St. Lucie County beaches. St. Lucie County will be afforded the opportunity to accept or reject the use by other entities of any other sand resources offshore of St. Lucie County. If you have any questions, please contact me or Richard Bouchard. Pti1.!~Y ~ ~ i'' CHRIS DZADOVSKY, District No. 1 TOD MOWERY, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CHRIS CRAFT, District No. 5 County Adminisrroror -Faye W. Ourlow, MPA 2300 Virginio Avenue Fort Pierce, FL 34982-5652 (772) 462-1451 FAX (772) 462-2131 TDD (772) 462-1428 wwwstlucieco.org 1•,1 Jacqueline J. Keiser, PG, PMP May 14, 2012 Page 2 of 2 I look forward to working with you. rely Frances Hutc inson, Chair St. Lucie County Erosion District FH/RB cc: Congressman Tom Rooney Congressman Allen West Congressman Alcee Hastings United States Senator Bill Nelson United States Senator Marco Rubio State Representative J. D. Alexander State Representative Mike Haridopolos State Representative Joe Negron State Representative Debbie Mayfield State Representative Gayle Harrell State Representative William Snyder State Representative Steve Perman Colonel Alfred A. Pantano, Jr., District Commander Colonel Alan M. Dodd, Incoming District Commander Jeff Littlejohn, DEP - P.E. Danielle H. Fondren -DEP Debbie Flack - FSBPA Board of County Commissioners Daniel S. McIntyre, County Attorney Faye Outlaw, County Administrator, MPA ICMA-CM Lee Ann Lowery, Assistant County Administrator James David, Mosquito Control & CMS Director Richard Bouchard - St. Lucie County Coastal Engineer Michael Walther- Coastal Tech Y Fem.. ~ ~~ ¢~ ' Y s ~ - ~ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works /Utilities Division ITEM NO. VI DATE: 05/17/2012 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) PRESENTED BY: Laurie Waldie Utility District Director SUBJECT: St. Lucie County Utilities Service Area Adjustment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 10, 2004 - BOCC approved Interlocal and Bulk Utility Agreements. July 12, 2004 - BOCC approved Ordinance No. 04-023. RECOMMENDATION: Board approval of Interlocal Agreement with Fort Pierce Utilities Authority and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator Coordination/Signatures County Attorney :. (X) ~ . OMB Director ( ) .f .i Budget Analyst Dan McIntyre Originating Dept. (X) ~~ ~ Other ( ) pon West Marie Gouin Robert O'Sullivan PUBLIC WORKS DEPARTMENT UTILITIES DIVISION MEMORANDUM TO: Board of County Commissioners VIA: Faye Ou d~;ty Administrator ICMA-CM FROM: Laurie Wal tility District Director DATE: May 17, 2012 SUBJECT: St. Lucie County Utilities Service Area Adjustment ITEM NO. VI Background: As discussed at the Board's May 8th Informal meeting, a company is desirous of coming into St. Lucie County and developing a project on a parcel located in the St. Lucie County Utilities (SLCU) Service Area. Discussions initially occurred with this developer, EDC, and Fort Pierce Utilities Authority (FPUA) regarding a vacant parcel located in FPUA's Service Area. When the possible parcel changed to SLCU's Service Area, the developer felt that FPUA should continue to be the utility retail provider based on estimated costs given by an outside entity. Notwithstanding the developer's position, County staff prepared cost estimates for capital and usage charges with SLCU as the retail service provider, and FPUA serving as the bulk provider, at a competitive cost. It is staffs' understanding the developer has maintained the position that FPUA be the retail service provider for the project. And while this is disconcerting, staff believes it is in the best interest of the County to facilitate moving forward with this economic development project. Staff is proposing an Interlocal Agreement between St. Lucie County and FPUA to include the following: 1. The County consents to FPUA providing retail water and wastewater service for the project parcel ONLY. 2. The consent is only valid if the developer secures a utility developer agreement with FPUA or if the parcel owner moves forward with the development. 3. FPUA relinquishes its right to be the exclusive bulk service provider for the area known as Lakewood Park. This proposed Interlocal Agreement has been discussed in concept with FPUA representatives. However, the FPUA Board approved a different Interlocal at their May 15th meeting. Attached is the redline version with staff's proposed changes to the Interlocal Agreement that was approved by the FPUA Board and a clean version of the County's proposed Interlocal Agreement for Board approval. Recommendation: Board approval of the Interlocal Agreement with Fort Pierce Utilities Authority and authorization for the Chairman to sign documents as approved by the County Attorney. AGREEMENT PURSUANT TO INTERLOCAL AGREEMENT AMONG CITY OF FORT PIERCE, FORT PIERCE UTILITIES AUTHORITY AND ST. LUCIE COUNTY, AND PURSUANT TO AND BULK WATER AGREEMENT BETWEEN FORT PIERCE UTILITIES AUTHORITY AND ST. LUCIE COUNTY THIS ("FPUA"), City of political AGREEMENT is made and entered into this day of _, 2012, by and among FORT PIERCE UTILITIES AUTHORITY a Special District organized under the Charter of the Fort Pierce, and ST. LUCIE COUNTY ("County"), a subdivision of the State of Florida. WITNESSETH: WHEREAS, pursuant to Paragraph 21 of that certain Agreement between FPUA and the County for provision of bulk water, wastewater and reclaimed water service recorded in 0. R. Book 1917, Pages 1819-1838, Public Records of St. Lucie County, Florida (hereafter the "Bulk Water Agreement"), which allows FPUA to relinquish exclusive right to provide water and wastewater services to specific parcels in Area B and which allows the County to seek service from others; and WHEREAS, pursuant to Paragraph 2 of that certain Interlocal Agreement among .the City of Fort Pierce, the County and FPUA recorded in 0. R. Book 1917, Pages 1819-1838, Public Records of St. Lucie County, Florida (hereafter "Interlocal Agreement") which provides that the County can, by written consent, allow FPUA to provide retail water and wastewater utility service to specific parcels within the area known as "Area B"; and WHEREAS, pursuant to Paragraph 19 of the Bulk Water Agreement, the County provided FPUA the 5 years prior notice that St. Lucie County elected to construct water and wastewater treatment capacity for new development not already served under the Bulk Water Agreement, which 5 vears notice period has elapsed; and WHEREAS, FPUA and the County believe it in the public interest for the County to transfer a certain specific parcel in the County's "Area B" ("Parcel") to FPUA's "Area A", in exchange for FPUA removing its status as the exclusive bulk service provider to future customers within the area known as Lakewood Park in the County's "Area B" NOW, THEREFORE, it is agreed by and among the parties hereto as follows: 1. In accordance with Paragraph 21 of the Bulk Water Agreement, FPUA hereby relinquishes its right to be the exclusive bulk 6~=. ~r~~a-~~e-~a,a-t~r..=r-~~-rc-eeservice provider for the area known as Lakewood Park as depicted on the sketch attached hereto as "Exhibit A-', and the County hereby acknowledges that FPUA is ire,=not responsible for reserving or providing for b~-l~a~tc~~-bates ~~da~te~ ~~~s~Service for that a r e a~~EET~A t~e~e~ ~ e~ a~g~~e $ ~s~e r : T F FPUA hereby acknowledges that the County may provide its own water and wastewater utility service or may contract with another utility service provider to provide for ~l~wa t e r and wastewater ~e-~o~e-e~~e-~~x~a-r-ez-~~ep-i c-~esl-~ E~~b~t~-a-t~ehed--~i-e~e~e; -~t~e~ ee~r-a~~-~d~'~~~rrced~~a I ~i ft}e~6~e~a ~-i?~~-?sir=-;c~c~l~iz ~, A63~~ ~citirc U t i 11 t V service to Lakewood Park as depicted on Exhibit A. 2. In accordance with Paragraph 2 of the Interlocal Agreement, the County hereby consents and grants to FPUA exclusive rights for retail water and wastewater service vaithin the Parcel, Parcel number 2234-4100-0000-000-1, which parcel is within Area B, and is depicted on the sketch attached hereto as "Exhibit B-, ba#~e~-a~e~ s-~raso=e-b e e ~ ~ ~'~o-t-ire-C~e~~ e-t~-d~~e--e-€ 3. In the event that (i) the Parcel owner does not enter into a utility developer agreement with FPUA to secure utility service totaling 2,500,000 gallons of water and 75,000 gallons of wastewater per day for the Parcel within one hundred eighty _(180) days of execution of this Agreement, or (ii) the Parcel owner does not move forward with the development of the Parcel within one hundred eighty (180) days of execution of this Agreement, then either party may terminate this Agreement. Upon such termination of this Agreement, this Agreement shall be deemed void ab initio and of no further force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment. Approved as to form ST. LUCIE COUNTY and correctness: By: Document comparison by Workshare Professional on Wednesday, May 16, 2012 10:44:01 AM Input: Document 1 ID interwovenSite://DMS-FLORIDA/WPB/382801146/1 Description #382801146v1 <WPB> -FPUA Bulk Agreement Swap greement 5.7.12 Document 2 ID interwovenSite://DMS-FLORIDA/WPB/382801146/6 Description #382801146v6<WPB> -FPUA Bulk Agreement Swap Agreement 5.7.12 Rendering set standard Legend: Insertion ~eleEien l~~ Moved to Style change Format change ~~[c~e~~l-elel~ioi~ Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 14 Deletions 13 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 27 AGREEMENT PURSUANT TO INTERLOCAL AGREEMENT AMONG CITY OF FORT PIERCE, FORT PIERCE UTILITIES AUTHORITY AND ST. LUCIE COUNTY, AND PURSUANT TO AND BULK WATER AGREEMENT BETWEEN FORT PIERCE UTILITIES AUTHORITY AND ST. LUCIE COUNTY THIS ("FPUA"), City of political AGREEMENT is made and entered into this day of _, 2012, by and among FORT PIERCE UTILITIES AUTHORITY a Special District organized under the Charter of the Fort Pierce, and ST. LUCIE COUNTY ("County"), a subdivision of the State of Florida. WITNESSETH: WHEREAS, pursuant to Paragraph 21 of that certain Agreement between FPUA and the County for provision of bulk water, wastewater and reclaimed water service recorded in 0. R. Book 1917, Pages 1819-1838, Public Records of St. Lucie County, Florida (hereafter the "Bulk Water Agreement"), which allows FPUA to relinquish exclusive right to provide water and wastewater services to specific parcels in Area B and which allows the County to seek service from others; and WHEREAS, pursuant to Paragraph 2 of that certain Interlocal Agreement among the City of Fort Pierce, the County and FPUA recorded in 0. R. Book 1917, Pages 1819-1838, Public Records of St. Lucie County, Florida (hereafter "Interlocal Agreement") which provides that the County can, by written consent, allow FPUA to provide retail water and wastewater utility service to specific parcels within the area known as "Area B"; and WHEREAS, pursuant to Paragraph 19 of the Bulk Water Agreement, the County provided FPUA the 5 years prior notice that St. Lucie County elected to construct water and wastewater treatment capacity for new development not already served under the Bulk Water Agreement, which 5 years notice period has elapsed; and WHEREAS, FPUA and the County interest for the County to transfer the County's "Area B" ("Parcel") to for FPUA removing its status as provider to future customers within Park in the County's "Area B". believe it in the public a certain specific parcel in FPUA's "Area A", in exchange the exclusive bulk service the area known as Lakewood NOW, THEREFORE, it is agreed by and among the parties hereto as follows: 1. In accordance with Paragraph 21 of the Bulk Water Agreement, FPUA hereby relinquishes its .right to be the exclusive bulk service provider for the area known as Lakewood Park as depicted on the sketch attached hereto as Exhibit A, and the County hereby acknowledges that FPUA is not responsible for reserving or providing for Service for that area. FPUA hereby acknowledges that the County may provide its own water and wastewater utility service or may contract with another utility service provider to provide for water and wastewater utility service to Lakewood Park as depicted on Exhibit A. 2. In accordance with Paragraph 2 of the Interlocal Agreement, the County hereby consents and grants to FPUA exclusive rights for retail water and wastewater service within the Parcel, Parcel number 2234-4100-0000-000-1, which parcel is within Area B, and is depicted on the sketch attached hereto as Exhibit B. 3. In the event that (i) the Parcel owner does not enter into a utility developer agreement with FPUA to secure utility service totaling 2,500,000 gallons of water and 75,000 gallons of wastewater per day for the Parcel within one hundred eighty (180) days of execution of this Agreement, or (ii) the Parcel owner does not move forward with the development of the Parcel within one hundred eighty (180) days of execution of this Agreement, then either party may terminate this Agreement. Upon such termination of this Agreement, this Agreement shall be deemed void ab initio and of no further force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment. Approved as to form ST. LUCIE COUNTY and correctness: By: Chairman Daniel S. McIntyre, County Attorney Date: Approved as to form and correctness: FORT PIERCE UTILITIES AUTHORITY By: Chairman R. N. Koblegard, III, FPUA Attorney Date: 2 INDIAN RIVER COUNTY 0 ~' J N a a 4~ L] ~ ~ n O l o~ t ° N o o a o us Rd 0 Legend ® LakewoodPark O SLC Urban Service Boundary Q City Limits Area A Area B Port St. Lucie .~......._.a v - '°~~ l-ems m Y u ~. ~L_ :. z .._.._..,:iC ~-~ ~, o- Indri'o Rd 7 _~ 0 ExhibitA ' "" Lakewood Park Boundaries rorl Pierce Uhlifies AUfhori(y Lakewood Park area= ~,oo0 500 0 1,000 Feet { ~ "~f°`iiois s~msi°eiei°d°° 1665 +/- acres m ~b ~rz~z Fort Pierce, Florida 34847 ° ~.... _ .... _ _.. ~ .... _ _. t ---- ---- ® Parcel number 2234-4100-0000-000-1 0 Property to be served by St. Lucie County ~ o ~ N (D ~ - - - St. Lucie County Active 12" Water Main Exhibit B Fort Pierce City Limit Line Fort Pierce Area A St. Lucie County Area B ITEM N0. VII DATE: 5/17/2012 DRAFT • o s BOARD OF COUNTY COMMISSIONERS TUESDAY, JUNE 13, 2012 9:00 A.M. -NOON JOINT MEETING WITH CITY OF PORT ST. LUCIE 1. CALL TO ORDER - COMMISSIONER TOD MOWERY, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 2. ROADS • WALTON ROAD • ROAD RIGHT-OF-WAY SAFETY ORDINANCE • MIDWAY ROAD -EASEMENT ACQUISITION • TRAFFIC SIGNALS - PRIMA VISTA/ST. LUCIE WEST BOULEVARD 3. DEVELOPMENT • INLAND PORT • AIRPORT • CRA • IMPACT FEES • UTILITIES 4. LEGISLATIVE ITEMS • BEAU RIVAGE 5. QUALITY OF LIFE • PARKS/RAVENSWOOD • CODE OVERLAY ZONE - PRIMAVISTA - RIVERPARK 6. TECHNOLOGY • BROADBAND INSTALLATION • ELECTRIC PERMITTING SYSTEM 7. ADJOURNMENT PORT ST. LUCIE COMMUNITY CENTER, 2195 S.E. AIROSO BLVD. PORT ST. LUCIE, FL 34984 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 atleast forty-eight (48) hours prior to the meeting.