2023.12.05_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, December 05, 2023 AT 1:30 PM
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN BLVD.,
HIGHLAND BEACH, FL
Town Commission
Natasha Moore Mayor
David Stern Vice Mayor
Evalyn David Commissioner
Donald Peters Commissioner
Judith M. Goldberg Commissioner
Marshall Labadie Town Manager
Lanelda Gaskins Town Clerk
Glen J. Torcivia Town Attorney
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
A. Resolution No. 2023-034
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
ratifying the selection, appointments, and term of office of members of the
Planning Board; and providing for an effective date.
B. Resolution No. 2023-035
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
ratifying the selection, appointments, and term of office of members of the Board
of Adjustments and Appeals; and providing for an effective date.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
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Town Commission Meeting Agenda December 05, 2023
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7. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals One (1) vacancy for an unexpired term
ending September 21, 2024
Meetings and Events
December 07, 2023 9:30 A.M. Financial Advisory Board Regular Meeting
December 07, 2023 5:30 P.M.-
7:30 P.M.
Mingle and Jingle Holiday Event at St. Lucy
Catholic Church
December 12, 2023 1:00 P.M. Code Enforcement Board Regular Meeting
December 14, 2023 9:30 A.M. Planning Board Regular Meeting
December 19, 2023 1:30 P.M. Town Commission Meeting
Board Action Report
None.
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida
adopting administrative amendments to the 8TH Edition (2023) of the Florida
Building Code; providing for the repeal of all laws in conflict; providing for
severability and providing for an effective date.
B. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida,
amending Section 30-7 “Official Zoning Map” of the Town Code of Ordinances to
update information pertaining to the date of the most recent amendment to the
Town's Official Zoning Map as set forth in Ordinance No. 2022 -002; providing for
repeal of all ordinances in conflict; providing for severability and codification; and
providing an effective date.
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Town Commission Meeting Agenda December 05, 2023
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C. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach,
Florida, Amending Section 4-8 “Lighting Restrictions for Protection of Sea
Turtles” of Chapter 4, “Animals,” and Section 30-85 “Coastal Lighting” of
Chapter 30, “Zoning,” of the Town Code of Ordinances to incorporate Lighting
Regulations for new and existing coastal structures in order to minimize the
effect of artificial light on sea turtle populations; providing for the repeal of all
ordinances In conflict; providing for severability and codification; and providing
an effective date.
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will be
limited to three (3) minutes per speaker per item after Commission initial discussion.
A. Approval of Meeting Minutes
November 21, 2023 Town Commission Meeting Minutes
10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Fire Rescue Implementation Update
B. Florida Department of Transportation (FDOT) RRR Project Update
C. Building Department Recertification Program Update
D. Continued discussion of Milani Park.
E. Consideration of Proposed Amendment No.5 to Tower Siting Lease Agreement
between the Town of Highland Beach and Sprint/T-Mobile.
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Consideration of the Town Commission proposed meeting schedule for the 2024
calendar year.
B. Consideration to approve and authorize the Mayor to execute the 2024 Municipal
Election(s) Vote Processing Equipment Use and Elections Services Agreement
with the Palm Beach County Supervisor of Elections (SOE) Office for the Town’s
Municipal General Election on Tuesday, March 19, 2024.
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Town Commission Meeting Agenda December 05, 2023
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12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
Mayor Natasha Moore
13. TOWN ATTORNEY’S REPORT
14. TOWN MANAGER’S REPORT
15. ADJOURNMENT
NOTE: Any person, firm or corporation decides to appeal any decision made by the Town Commission
with respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record including testimony and evidence upon which the appeal is to be based. (State Law requires
the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own
cost, to arrange for the transcript.) The Town neither provides nor prepares such record.
In accordance with the Americans with Disabilities Act, persons who need accommodation in order to
attend or participate in this meeting should contact Town Hall 561 -278-4548 within a reasonable time
prior to this meeting in order to request such assistance.
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File Attachments for Item:
A. Resolution No. 2023-034
A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection,
appointments, and term of office of members of the Planning Board; and providing for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE December 05, 2023
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2023-034
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Planning Board; and providing for an effective date.
SUMMARY:
Consideration of Resolution No. 2023-034 ratifying the selection, appointments, and term of
office of a member of the Planning Board (PB); and providing for an effective date.
On November 15, 2023, one (1) member resigned from the Planning Board which created one
(1) vacancy for an unexpired term ending on May 04, 2024.
The Town Clerk’s Office received one (1) board application for Town Commission
consideration. The applicant’s name is as follows:
Eve Rosen (Braemar Isle)
As set forth in Sec. 2-99, in the Town' s code, terms for all boards shall be three (3) years and
no board member may serve more than two (2) consecutive terms on the same board without
first taking a one-year hiatus from the board. Appointments for partial terms shall not count
toward the two-term limit. Additionally, in accordance with Resolution 19-029, the Human
Resources Division reported preliminary background checks on all applicants to the Town
Clerk’s Office. The background check results disclosed there were no objectionable findings.
In addition, there were no code violations.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Eve Rosen application, and vetting form.
Resolution No. 2023-034
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
034 for one applicant to serve a term as outlined in the resolution.
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MEMORANDUM
3614 SOUTH OCEAN BOULEVARD ● HIGHLAND BEACH, FLORIDA 33487
Palm Beach County, Florida Main: 561-278-4548 FAX: 561-265-3582
TO: Lanelda Gaskins, MMC, Town Clerk
FROM:
DATE:
SUBJECT: Initial Vetting of Applicant:
==========================================================
On ______________________ (date), I met with ________________________ (applicant’s name)
to discuss his/her community involvement, education, professional experiences and the positive
impact he/she could bring to this Board for the betterment of the Highland Beach community.
Detail Explanation:
Based upon my review of the Resume’, the Board Application and the Interview today, my
recommendation is as follows:
For the Appointment of this Applicant
Against the Appointment of this Applicant
Signature of Board Chairperson
10/6/2023
Eric Goldenberg
Eve Rosen10/6/2023
Eve is Highly qualified and motivated. she would be asset to our Planning Board.
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RESOLUTION NO. 2023-034
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION,
APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE
PLANNING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 20, Article II, Sec. 20-26 of the Town’s Code of Ordinances
establishes the Planning Board and governs the membership, qualification, function, and rules of
the Planning Board and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Planning Board; and
WHEREAS, on November 15, 2023, one (1) board member resigned, thereby opening one
(1) vacancy on the Board; and
WHEREAS, the Town Clerk’s Office received one (1) application for consideration; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the chairperson of the Planning Board interviewed the applicants and
recommends that the Town Commission appoint one applicant to the Board; and
WHEREAS, Town residents interested in serving on or continuing to serve on the
Planning Board have submitted a board application for the Town Commission’s consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
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Resolution No. 2023-034
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Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, one (1) member has been
selected by the Town Commission to serve on the Planning Board for an unexpired term expiring
May 04, 2024, as follows:
Board Member
Section 3. This Resolution shall become effective upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 05th day of December 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore X
Vice Mayor David Stern X
Commissioner Evalyn David X
Commissioner Donald Peters X
Commissioner Judith M. Goldberg X
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File Attachments for Item:
B. Resolution No. 2023-035
A Resolution of the Town Commission of the Town of Highland Beach, Florida, ratifying the selection,
appointments, and term of office of members of the Board of Adjustments and Appeals; and providing
for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE December 05, 2023
SUBMITTED BY: Jaclyn DeHart, Deputy Town Clerk
THROUGH Lanelda Gaskins, Town Clerk
SUBJECT: Resolution No. 2023-035
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Board of Adjustments and Appeals; and providing for an
effective date.
SUMMARY:
Consideration of Resolution No. 2023-035 ratifying the selection, appointments, and term of
office of a member of the Board of Adjustments and Appeals (BOAA); and providing for an
effective date.
On April 30, 2022 and October 07, 2023 two (2) member’s terms ended on the Board of
Adjustment and Appeals which created two (2) vacancies on the Board.
The Town Clerk’s Office received two (2) board applications for Town Commission
consideration. The applicant’s name are as follows:
Harris Rosen (Villa Costa)
Michael Thorson (Ocean Aire Condo)
As set forth in Sec. 2-99, in the Town' s code, terms for all boards shall be three (3) years and
no board member may serve more than two (2) consecutive terms on the same board without
first taking a one-year hiatus from the board. Appointments for partial terms shall not count
toward the two-term limit. Additionally, in accordance with Resolution 19-029, the Human
Resources Division reported preliminary background checks on all applicants to the Town
Clerk’s Office. The background check results disclosed there were no objectionable findings.
In addition, there were no code violations.
Lastly, at the November 21, 2023 meeting, Town Commission interviewed Michael Thorson
for the Code Enforcement Board and recommended nominating him to the Board of
Adjustment and Appeals Board.
FISCAL IMPACT:
N/A
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ATTACHMENTS:
Harris Rosen application, and vetting form.
Michael Thorson application and vetting form.
Resolution No. 2023-035
RECOMMENDATION:
With the Commission’s consideration, Staff recommends the adoption of Resolution No. 2023-
035 for two applicants to serve a term as outlined in the resolution.
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HARRIS M. ROSEN
Highland Beach , FL 33487 Energylawyer01@outlook.com Cellular: 561.414.1720
An experienced managing attorney with extensive expertise in resolving complex
commercial, regulatory, and compliance issues for a variety of industries. Proven track
record of reducing bottom line by reducing outside counsel fees. Strong negotiator with
ability to operate independently or as part of a corporate multi-disciplinary team. Positive
approach to problem solving and a demonstrated management style of engaging team
members. Rated "AV'' forlegal ability and ethics by Martindale-Hubbell.
CURRENT POSITION
OUTSIDE GENERAL COUNSEL. Highland Beach, FL 2021- Present
I am currently representing various energy and other companies in corporate formation, licensing ,
commercial transactions, and litigation management.
PAST EXPERIENCE
LIBERTY POWER CORP, LLC, Fort Lauderdale, FL, 2007- 2021
VP. Law & General Counsel - General Counsel responsible for all legal, commercial,
regulatory, and compliance matters for this formerly top 15 privately held, retail electric
supplier headquartered in Florida, but doing business in 14 states. Started the Legal
Department in 2007 and brought all the daily legal and compliance work in-house. On the
Executive Team directing legal and business strategy while the Company more than tripled
in revenues to nearly $1 billion. Responsibilities included handling all major commercial,
real estate, litigation, regulatory and compliance matters. Consistently rated the top
executive for team engagement. Rated "AV" by Martindale-Hubbell.
• Negotiated consecutive 5 year, $500 million preferred supplier and credit
agreements to support the Company's wholesale and retail commitments;
o Managed the transition bet ween credit providers including assuming the role of chief negotiator
to accomplish difficult transition mechanics and execution;
0 Handled or supervised the negotiation and execution of all major retail customer contracts,
including such Fo1iune 500 companies as IBM, Pepsi and New York Life;
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• Responsible for the filing of more than 140 compliance filings on an annual basis:
0 Settled numerous vendor disputes saving the Company several hundred thousand dollars;
and mitigated reputational risk related to third party sales activities;
• Supported all departments in the Company with respect to legal, commercial, regulatory
and compliance issues;
• Developed close working relationships with top law firm regulatory and transactional
counsel nationwide .
NextEra Energy, lnc., Juno Beach, FL
1998-2007 ; 1987-1989
Senior Counsel
• Directed legal issues associated with licensing of major energy facilities nationwide ,
including new plant licensing in Florida, New York, California, Texas, Pennsylvania ,
West Virginia and others.
0 Reduced outside counsel fees by approximately $300,000 per power plant licensing in Florida, by
doing much of the legal work in -house;
• Handled regulatory and legal issues associated with development of renewable enerh')' products,
fossil fuel plants , and clean coal technology;
• As counsel for the unregulated subsidiary, handled issues associated with $3 billion of acquisitions,
divestitures, and financings, including extensive due diligence activities;
• Directed all environmental legal matters for unregulated energy subsidiary and served as
p1incipal environmental counsel for the large regulated public utility;
ATLANTIC RlCHFIELD COMPANY, Los Angeles, CA I 989-1998
ARCO Chemical Company, Newtown Square , PA (a subsidiary)
Senior Attorney
Principal regulatory counsel provided broad-based regulatory advice to plant staff and senior management
internationally (including facilities located in France and the Netherlands). Counsel to Corporate Compliance
Committee, involved in formulation and implementation of Corporate Compliance Program. Counsel to C1isis
Management Team. Handled commercial transactions, including acquisitions and divestitures: and managed
litigation. Spoke at industry and other forums on topical regulatory issues.
•Regulatory counsel handling for regulatory issues associated with $160 million divestiture and $565
million acquisition including due diligence and con ract negotiation;
• Negotiated with Ohio EPA, Ohio Attorney General's Office, OSHA and local officials to resolve
regulatory and criminal proceedings relating to a fatal industrial accident at a toll facility ;
• Responsible for managing a company-wide settlement agreement with OSHA following chemical plant
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accident resulting in 17 fatalities, to as ure safety process improvements were implemented at all facilities;
• Part of negotiating team to complete a sale of the major solar subsidiary to a European conglomerate.
EDUCATION
J.D., Villanova University, Villanova, PA
B.A., Political Science , Temple University, Philadelphia , PA
Magna Cum Laude Graduate with Department Honors
Attended numerous legal and business education programs, including an Executive Management Course at
Duk e University. Speaker on energy legal matters
BAR ADMISSJONS
Florida • Pennsylvania • California
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Michael Robert Thorson
4206 S. Ocean Boulevard, #3, Highland Beach, FL 33487 | 954-801-2425 | thorson12000@yahoo.com
Summary of Qualifications
• Florida Licensed Insurance Adjuster #W471869
• Knowledgeable about coastal building risk mitigation
• Expert, professional communication skills
• Extensive Fundraising Development Experience
2018-2023 Nonprofit Consultant, PhilanthroPros, Pompano Beach, FL
Partner for nonprofit fundraising firm assisting new and existing nonprofits to establish sound
development strategies. Developed and implemented major gifts cultivation strategies, planned giving,
annual funds and special events. Clients include(d) Christi Academy, Covenant Care, Senior Economic
Housing Development Council and others.
2007-2018 Nonprofit Consultant & Capital Campaign Manager, Thorson Strategic, Highland Beach, FL
Independently and as contracted co-counsel for leading fundraising firms, responsible for developing
and directing client development activities including capital campaigns (for new building construction),
strategic planning, major gifts, special events, volunteer management, board development, planned
giving, grant-writing and print correspondence. Clients included Immaculata LaSalle Catholic School,
Aurora Central Catholic School $3,500,000, St. Anastasia Catholic Church $4,500,000.
2003-2007 Development Director, Paralyzed Veterans Association (PVAF), Fort Lauderdale, FL
Secured new sources of funding through major gifts, grants and special events. Recruited volunteers and
established new fundraising initiatives including the Today’s Veteran Annual Fund and the organization’s
inaugural lead event. Additional responsibilities included community partnership development, collateral
and appeal letters, volunteer recruitment and corporate sponsorship.
2001-2003 Capital Campaign Director, Community Consulting Services (CCS)
Developed and directed capital fundraising campaigns for Catholic institutions. Archdiocese of Kansas
City ($50,000,000) and the Diocese of Des Moines ($35,000,000). Responsibilities included parish
campaign management, volunteer recruitment, collateral development, training and solicitation of lead
gifts.
Resume Note: Fundraising Consulting is my full-time job. But during hurricane season and in-between
consulting clients, I often serve as a building inspector for insurance companies and as an Independent
Insurance Adjuster, handling claims for homeowners impacted by hurricanes and other weather-related
disasters.
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EDUCATION
Continuing education in insurance adjusting as required by State of Florida
Catastrophe Adjusting Insurance Academy, June 2021
Southern Illinois University, BA Communications (Foreign Language/International Business)
College of DuPage, AA
VOLUNTEERISM
Habitat for Humanity
Salvation Army
Boca Raton Children’s Museum (former Board Member)
Association of Fundraising Professionals (Instructor)
OTHER
Florida Independent All Lines 6-20 Licensed Insurance Adjuster License #W471869
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RESOLUTION NO. 2023-035
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, RATIFYING THE SELECTION,
APPOINTMENTS AND TERM OF OFFICE OF MEMBERS OF THE
NATURAL RESOURCES PRESERVATION ADVISORY BOARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 20, Article III, Sec. 20-46 of the Town’s Code of Ordinances
establishes the Board of Adjustment and Appeals Board and governs the membership,
qualification, function, and rules of the Board of Adjustment and Appeals Board; and
WHEREAS, these provisions of the Code establish the selection, appointment, and terms
of office of members of the Board of Adjustment and Appeals Board; and
WHEREAS, on April 30, 2022 and October 07, 2023 two (2) member’s terms ended,
thereby opening two (2) vacancies on the Board; and
WHEARAS, the Town Clerk’s Office received two (2) applications for consideration; and
WHEREAS, pursuant to Sec. 2-99(1)(a) of the Town’s Code of Ordinances, the
chairperson of each board shall interview applicants for the board and provide a recommendation
to the Town Commission; and
WHEREAS, the chairperson of the Board of Adjustment and Appeals Board interviewed
the new applicant and recommended that the Town Commission appoint two (2) new applicants
to the Board; and
WHEREAS, Town residents interested in serving on or continuing to serve on the Board
of Adjustment and Appeals Board have submitted a board application for the Town Commission’s
consideration.
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Resolution No. 2023-035
2
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified
and confirmed by the Town Commission.
Section 2. Consistent with the Town’s Code of Ordinances, the Town Commission
have selected two (2) members to serve on the Board of Adjustment and Appeal Board for an term
expiring December 05, 2026, as follows:
Board Member Harris Rosen
Board Member Michael Thorson
Section 3. This Resolution shall become effective upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach, Florida,
this 5th day of December 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
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File Attachments for Item:
A. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida
adopting administrative amendments to the 8TH Edition (2023) of the Florida Building
Code; providing for the repeal of all laws in conflict; providing for severability and
providing for an effective date.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 12/05/2023
SUBMITTED BY: Jeff Remas, CBO – Building Department
SUBJECT:
AN ORDINANCE OF THE TOWN OF HIGHLAND
BEACH, FLORIDA, ADOPTING ADMINISTRATIVE
AMENDMENTS TO THE 8TH EDITION (2023) OF THE
FLORIDA BUILDING CODE; PROVIDING FOR THE
REPEAL OF ALL LAWS IN CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
SUMMARY:
Every three years the Florida Building Commission adopts an updated code cycle. With this
ordinance, we are adopting the 8th Edition (2023) of the Florida Building Code and updating
the administrative amendments to be in compliance with Floria State Statutes that were
passed during this three-year period. The effective date will be 31 December 2023.
FISCAL IMPACT:
No Fiscal Impact Expected
ATTACHMENTS:
Ordinance, Chapter 1 Administrative Amendments
RECOMMENDATION:
Staff recommends approval to comply with Florida Statutes
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TOWN OF HIGHLAND BEACH
PROPOSED ORDINANCE
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, ADOPTING ADMINISTRATIVE AMENDMENTS TO
THE 8TH EDITION (2023) OF THE FLORIDA BUILDING CODE;
PROVIDING FOR THE REPEAL OF ALL LAWS IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality
having such power and authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes; and
WHEREAS, as set forth in Section 6-27 of the Town Code of Ordinances, the Town has
amended and supplemented Chapter 1 of the Florida Building through the adoption of
Administrative Amendments as authorized by Section 553.73(4)(a), Florida Statutes; and
WHEREAS, the Florida Building Commission has developed an 8th Edition (2023) of the
Florida Building Code with a proposed effective date of December 31, 2023; and
WHEREAS, the prior Administrative Amendments expire with the prior edition of the
Florida Building Code, and the Town wishes to adopt new Administrative Amendments effective
upon the effective date of the 8th Edition of the Florida Building Code; and
WHEREAS, the Town Commission has determined that the adoption of Administrative
Amendments to the Florida Building Code is in the best interests of the Town of Highland Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2. The Town of Highland hereby adopts Administrative Amendments to the
8th Edition (2023) of the Florida Building Code, attached hereto as Exhibit “A” and incorporated
herein by reference. The Administrative Amendments shall be effective upon the effective date
of the 8th Edition (2023) of the Florida Building Code.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
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clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances or
resolutions or parts of resolution in conflict herewith are hereby repealed to the extent of such
conflict.
Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading and shall only apply prospectively.
The foregoing Ordinance was moved by __________________________________, seconded by
________________________________ and upon being put to the vote, the vote was as follows:
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith M. Goldberg
PASSED on first reading at the Regular Commission meeting held on this _____ day of
_________________, 2023.
The foregoing Ordinance was moved by _________________________________, seconded by
________________________________ and upon being put to the vote, the vote was as follows:
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith M. Goldberg
PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held
on this _____ day of _________________, 2023.
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
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SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 1 of 41
TOWN OF HIGHLAND BEACH
ADMINISTRATIVE CODE CHAPTER 1
FOR THE 8th Edition (2023) FLORIDA BUILDING CODE
Page 33
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 2 of 41
BOAF Model Administrative Code – 8th Edition (2023)
The Building Officials Association of Florida is proud to present this model document for use by its members as a
tool to facilitate the uniform and consistent application of local amendments to the administrative provisions of
the Florida Building Code. Every effort has been made to present the amendments in mandatory language format.
The language that is shaded represents those text revisions approved by the BOAF Board of Directors.
Copyright Notice
ALL RIGHTS RESERVED. The BOAF Model Administrative Code contains substantial material owned and
copyrighted by International Code Council. The ICC has granted a non -exclusive license to the Florida Department
of Business and Professional Regulation to make the Florida Building Code available. This material is mad e
available through the BOAF web site in order that members may have a tool for the integration of administrative
provisions from the Florida Building Code and the 2021 International Building Code.
Reproduction and use of those portions of the code cont aining ICC copyrighted material is limited by agreement
with the State of Florida. Reproduction and distribution of ICC copyrighted material by private individuals,
including, without limitation, electronic, optical, mechanical or any other means whatsoever, is expressly
prohibited without the express written consent of ICC.
TRADEMARKS. "ICC" and the "ICC" logo are trademarks of the International Code Council, Incorporated.
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SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 3 of 41
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
[A] 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as “this
code.”
[A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every
building or structure or any appurtenances connected or attached to such buildings or structures.
Exceptions:
1. Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than
three stories above grade plane in height with a separate means of egress, and their accessory structures
not more than three stories above grade plane in height, shall comply with this code or the Florida
Building Code, Residential.
2. Code requirements that address snow loads and earthquake protection are pervasive; they are left in
place but shall not be utilized or enforced because Florida has no snow load or earth quake threat.
[A] 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted . The Town of
Highland Beach adopts Appendices H & K (except K111.4) of the Florida Building Code.
101.2.2 Residential Construction standards or practices which are not covered by Florida Building Code,
Residential volume shall be in accordance with the provisions of Florida Building Code, Building.
[A] 101.3 Intent. The purpose of this code is to establish the minimum requirements to provide a reasonable level
of safety, public health and general welfare through structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other
hazards attributed to the built environment and to provide a reasonable level of safety to fire fighters and
emergency responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code
except as it relates to the purposes stated herein.
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this
jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical
condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for
damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any
component of such, which may occur subsequent to such inspection or permitting.
[A] 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere
in this code shall be considered part of the requirements of this code to the prescribed extent of each such
reference.
[A] 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping
from the point of delivery, gas appliances and related accessories as covered in this code. These requirements
apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the
installation and operation of residential and commercial gas appliances and related accessories.
[A] 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation,
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alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems,
incinerators and other energy related systems.
[A] 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation,
alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
[A] 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to
existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire
safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and
structures.
[A] 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code.
The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises
from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from
the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and
alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
[A] 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters
governing the design and construction of buildings for energy efficiency.
[A] 101.4.7 Existing buildings. The provisions of the Florida Building Code, Existing Building shall apply to matters
governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,
Florida Building Code, Building, and Rule 61-41 F.A.C.
SECTION 102
APPLICABILITY
[A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements, the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with
respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements
which do not pertain to and govern the design, construction, erection, alteration, modification, repair or
demolition of public or private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not
administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility,
including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community
colleges, or public education facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every
public and private building, structure or facility or floating residential structure, or any appurtenances connected
or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or
occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building
Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code
as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
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(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Sections
553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such
mobile or modular structures. Permits shall be required for structural support and tie-down, electric
supply and all other such utility connections to such mobile or modular structures as required by this
jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are
directly involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or
any sound-recording equipment used in such production, on or off the premises.
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As
used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of
palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing,
or other nonwood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled
on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,
marble, or reinforced concrete.
(j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional
system.
(k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a
natural person for hunting and which is repaired or reconstructed to the same dimension and condition
as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year flood plain according to the Federal Emergency Management
Agency’s current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
(l) A drone port as defined in s. 330.41(2).
102.2.1 In addition to the requirements of Sections 553.79 and 553.80, Florida Statutes, facilities subject to the
provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans
reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal
government.
102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to
be brought into compliance with the state minimum building code in force a t the time the building or structure is
moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are
operational and safe for reconnection; and
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if
required by the Florida Building Code, Building for all residential buildings or structures of the same
occupancy class.
102.2.3 The building official shall apply the same standard to a moved residential building or structure as that
applied to the remodeling of any comparable residential building or structure to determine whether the moved
structure is substantially remodeled. The cost of the foundation on which the moved building or structure is
placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or
structure has been substantially remodeled.
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102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and
Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state -owned
buildings and boilers.
102.2.5 Each enforcement district or local enforcement agency shall be governed by a board, the composition of
which shall be determined by the affected localities.
1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the
owner of a single-family residence one or more exemptions from the Florida Building Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own property,
provided any addition, alteration or repair shall not exceed 1,000 square feet (93 m2) or the square
footage of the primary structure, whichever is less.
b. Addition, alteration, or repairs by a nonowner within a specific cost limitation set by rule, provided
the total cost shall not exceed $5,000 within any 12-month period.
c. Building plans review and inspection fees.
2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located
in mapped flood hazard areas, as defined in the code, unless the enforcement district or local
enforcement agency has determined that the work, which is otherwise exempt, does not constitute a
substantial improvement, including the repair of substantial damage, of such single -family residences.
3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board
10 days prior to implementation and shall only be effective in the territorial jurisdiction of the
enforcement district or local enforcement agency implementing it.
102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family
dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this
code.
[A] 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically
identified by number, shall be construed to refer to such chapter, section or provision of this code.
[A] 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered
part of the requirements of this code to the prescribed extent of each such reference and as further regulated
in Sections 102.4.1 and 102.4.2.
[A] 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
[A] 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced
code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section
101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence
over the provisions in the referenced code or standard.
[A] 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this
shall not have the effect of making void or illegal any of the other parts or provisions.
[A] 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code
shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida
Building Code, Existing Building, International Property Maintenance Code, or the Florida Fire Prevention Code.
[A] 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously
occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion
shall comply with the provisions of the Florida Building Code, Building or Florida Building Code, Residential, as
applicable, for new construction or with any current permit for such occupancy.
[A] 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of
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this code shall be permitted to continue without change, except as otherwise specifically provided in this code,
the Florida Fire Prevention Code, International Property Maintenance Code, or as is deemed necessary by the
building official for the general safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) A relocated building shall comply with wind speed requirements of the new location, using the
appropriate wind speed map. If the existing building was manufactured in compliance with the Standard
Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be
applicable. If the existing building was manufactured in compliance with the Florida Building Code ( on or
after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable.
(3) A relocated building shall comply with the flood hazard area requirements of the new location, if
applicable.
102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical
equipment located on or above the surface of a roof be installed in compliance with the requirements of the
Florida Building Code except during reroofing when the equipment is being replaced or moved and is not in
compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
DEPARTMENT OF BUILDING SAFETY
103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the
appointing authority, the building official shall have the authority to appoint a deputy building official, the related
technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as
delegated by the building official.
For the maintenance of existing properties, see the International Property Maintenance Code.
SECTION 104
DUTIES AND POWERS OF BUILDING OFFICIAL
[A] 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code.
The building official shall have the authority to render interpretations of this code and to adopt po licies and
procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall
be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect
of waiving requirements specifically provided for in this code.
[A] 104.2 Applications and permits. The building official shall receive applications, review construction documents
and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the
premises for which such permits have been issued and enforce compliance with the provisions of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in
flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other
improvement of existing buildings or structures located in flood hazard areas, the building official shall determine
if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building
official determines that the proposed work constitutes substantial improvement or repair of substantial damage,
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and where required by this code, the building official shall require the building to meet the requirements of
Section 1612 or R322 of the Florida Building Code, Residential, as applicable.
[A] 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance
with this code.
[A] 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall
have the authority to accept reports of inspection by approved agencies or individuals. Reports of such
inspections shall be in writing and be certified by a responsible officer of such approved agency or by the
responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to
report upon unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 104.5 Identification. The building official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
[A] 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or
where the building official has reasonable cause to believe that there exists in a structure or upon a premises a
condition which is contrary to or in violation of this code which makes the structure or premises unsafe,
dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times
to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied
that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied,
the building official shall first make a reasonable effort to locate the owner or other person having charge or
control of the structure or premises and request entry. If entry is refused, the building official shall have recourse
to the remedies provided by law to secure entry.
[A] 104.7 Department records. The building official shall keep official records of applications received, permits
and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be
retained in the official records for the period required for retention of public records per FS 119.
104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement
of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable
personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of offi cial duties. Any suit instituted against an
officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative of the jurisdiction un til the final
termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an
act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code
shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The
building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in
pursuance of the provisions of this code.
[A] 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official
shall be constructed and installed in accordance with such approval.
[A] 104.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for
new materials is permitted. Used equipment and devices shall not be reused unless approved by the building
official.
[A] 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this
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code, the building official shall have the authority to grant modifications for individual cases, upon application of
the owner or owner’s representative, provided the building official shall first find that special individual reason
makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose
of this code and that such modification does not lessen health, accessibi lity, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and entered in the files of the
department of building safety.
104.10.1 Flood hazard areas. The building official shall coordinate with the floodplain administrator to review
requests submitted to the building official that seek approval to modify the strict application of the flood resistant
construction requirements of the Florida Building Code to determine whether such requests require the granting
of a variance pursuant to Section 117.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are
not intended to prevent the installation of any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has been approved. An alternative material,
design or method of construction shall be approved where the building official finds that the proposed alternative
meets all of the following:
1. The alternative material, design or method of construction is satisfactory and complies with the intent of the
provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less than the equivalent of that
prescribed in this code as it pertains to the following:
2.1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. Safety.
Where the alternative material, design or method of construction is not approved, the building official shall
respond in writing, stating the reasons why the alternative was not approved.
[A] 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or
assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
[A] 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or
evidence that a material or method does not conform to the requirements of this code, or in order to substantiate
claims for alternative materials or methods, the building official shall have the authority to require tests as
evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this
code or by other recognized test standards. In the absence of recognized and accepted test methods, the building
official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such
tests shall be retained by the building official for the period required for retention of public records.
104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper
operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the
public safety, health and general welfare, not specifically covered by this o r other technical codes, shall be
determined by the building official.
SECTION 105
PERMITS
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair,
move, demolish or change the occupancy of a building o r structure, or to erect, install, enlarge, alter, repair,
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remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be performed, shall first make
application to the building official and obtain the required permit.
[A] 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas,
mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an
annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations
of service systems or manufacturing equipment installations/relocations. The building official shall be notified of
major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual
facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A
separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit
application shall contain a general description of the parameters of work intended to be performed during the
year.
[A] 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit. The building official shall have access to such records at all
times or such records shall be filed with the building official as designated.
105.1.3 Food permit. In accordance with Section 500.12, Florida Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop,
or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating
permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued
until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit
application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may
confer with the Department of Health, if necessary, but may not delay the building permit application review
while awaiting comment from the Department of Health.
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to
grant authorization for any work to be done in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under
this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the
Florida Building Code, and requirements of the local floodplain management ordinance. Permits shall not be
required for the following:
Building:
1. Fences not over 7 feet (1829 mm) high. All walls require a permit.
2. Oil derricks.
3. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the
ratio of height to diameter or width does not exceed 2:1.
4. Painting, papering, tiling, carpeting, cabinet-refacing, counter tops and similar finish work within single or
two-family dwellings or townhouses.
5. Painting, papering, carpeting, & cabinet refacing in other than single or two-family dwellings or
townhouses such as condominiums, apartment & commercial buildings, etc.
6. Temporary motion picture, television and theater stage sets and scenery.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm)
deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.
8. Shade cloth structures constructed for nursery or agricultural purpo ses, not including service systems.
9. Swings and other playground equipment accessory to detached one- and two-family dwellings.
10. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from
the exterior wall and do not require additional support, of Groups R-3 and U occupancies.
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11. Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm)
in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment
used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the
installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system required
for the testing or servicing of electrical equipment or apparatus.
Gas:
12. Portable heating appliance.
13. Replacement of any minor part that does not alter approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by
motors of 1 horsepower (0.75 kW) or less.
8. The installation, replacement, removal or metering of any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed
trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove
and replace the same with new material, such work shall be considered as new work and a permit shall
be obtained and inspection made as pro- vided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
[A] 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency
situation, the permit application shall be submitted within the next working business day to the building official.
[A] 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without
a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the
removal or cutting of any structural beam or load-bearing support, or the removal or change of any required
means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer,
drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or
other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the
technical codes.
[A] 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of
generation, transmission, distribution or metering or other related equipment that is under the ownership and
control of public service agencies by established right.
[A] 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in
writing on a form furnished by the building department for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must
comply with the requirements of Sections 713.135(5) and (6), Florida Statutes.
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Each application shall be inscribed with the date of application, a nd the code in effect as of that date. For a
building permit for which an application is submitted prior to the effective date of the Florida Building Code, the
state minimum building code in effect in the permitting jurisdiction on the date of the application governs the
permitted work for the life of the permit and any extension granted to the permit.
Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its
website. Completed applications must be able to be submitted electronically to the appropriate building
department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of
applications in portable document format or submission of applications through an electronic fill-in form available
on the building department’s website or through a third-party submission management software. Payments,
attachments, or drawings required as part of the application may be submitted in person in a nonelectronic
format, at the discretion of the building official.
[A] 105.3.1 Action on application. The building official shall examine or cause to be examined applications for
permits and amendments thereto within a reasonable time after filing. If the application or the construction
documents do not conform to the requirements of pertinent laws, the building official shall reject such application
in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the
requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit
therefor as soon as practicable. When authorized through contractual agreement with a school board, in acting on
applications for permits, the building official shall give first priority to any applications for the construction of, or
addition or renovation to, any school or educational facility.
105.3.1.1 If a state university, Florida college or public school district elects to use a local government’s code
enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on
buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more
than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance
with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the
following documents which apply to the construction for which the permit is to be issued and which shall be
prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing system with more than
250 fixture units or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which
contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may
design a new fire protection system of 49 or fewer sprinklers; may design the alteration of an existing fire
sprinkler system if the alteration consists of the relocation or deletion of 249 or fewer sprinklers, and the
addition of up to 49 sprinklers, as long as the cumulative total number of fire sprinkle rs being added,
relocated, or deleted does not exceed 249, notwithstanding the size of the existing fire sprinkler system;
or may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation
or deletion of 249 or fewer sprinklers, notwithstanding the size of the existing fire sprinkler system, if
there is no change of occupancy of the affected areas, as defined in this Code and the Florida Fire
Prevention Code, and there is no change in the water demand as defined in NFPA 13, “Standard for the
Installation of Sprinkler Systems,” and if the occupancy hazard classification as defined in NFPA 13 is
reduced or remains the same as a result of the alteration.
3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires
more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for
which the system costs more than $125,000. This paragraph does not include any document for the
replacement or repair of an existing system in which the work does not require altering a structural part
of the building or for work on a residential one-, two-, three-, or four-family structure.
An air-conditioning system may be designed by an installing air-conditioning contractor certified under
Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer
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than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a
15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has
an independent duct system. Systems not complying with the above require design documents that are
to be sealed by a professional engineer.
Example 1: When a space has two 10-ton systems with each having an independent duct system, the
contractor may design these two systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single-story office building which consists of six individual offices where each
office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a
single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000
and the office building accommodates fewer than 100 persons. Because the six mechanical units are
connected to a common water tower, this is considered to be an 18-ton system.
Note: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply
to the building occupancy load and the cost for the total air-conditioning system of the building.
4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which
includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm
system which costs more than $5,000.
Exception:
Simplified permitting processes.
(1) As used in this section, the term:
(a) “Component” means valves, fire sprinklers, escutcheons, hangers, compressors, or any
other item deemed acceptable by the local enforcing agency. For purposes of this
paragraph, a valve does not include pressure-regulating, pressure-reducing, or pressure-
control valves.
(b) “Contractor” means a person who:
1. Is qualified to engage in the business of electrical or alarm system contracting pursuant
to a certificate or registration issued by the department under part II of chapter 489,
Florida Statutes; or
2. Is qualified to engage in the business of fire protection system contracting pursuant to
a license or certificate issued by the State Fire Marshal.
(c) “Fire alarm system project” means a fire alarm system alteration of a total of 20 or
fewer initiating devices and notification devices, or the installation or replacement of a
fire communicator connected to an existing fire alarm control panel in an existing
commercial, residential, apartment, cooperative, or condominium building.
(d) “Fire sprinkler system project” means a fire protection system alteration of a total of 20
or fewer fire sprinklers in which the sprinklers are of the same K-factor and located in spaces
where there is no change of hazard classification or increased system coverage area, or the
installation or replacement of an equivalent if the component has the same or better
characteristics, including electrical, hydraulic, pressure losses, and required listings and
spacing as the component being replaced.
(2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a permit
for a fire alarm system project or fire sprinkler system project, to submit a completed application
and payment.
(b) A local enforcement agency may not require a contractor to submit plans or
specifications as a condition of obtaining a permit for a fire alarm system project or fire
sprinkler system project.
(3) A local enforcement agency must issue a permit for a fire alarm system project or a fire
sprinkler system project in person or electronically.
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(4) A local enforcement agency must require at least one inspection of a fire alarm system project
or fire sprinkler system project to ensure compliance with applicable codes and standards. If a fire alarm
system project or fire sprinkler system project fails an inspection, the contractor must take cor rective
action as necessary to pass inspection.
(5)(a) For a fire sprinkler alarm system project, a contractor must keep a copy of the plans and
specifications at the fire alarm system project worksite and make such plans and specifications available
to the inspector at each inspection.
(b) For a fire sprinkler system project to alter an existing fire projection system, a contractor
must keep a copy of the plans and specifications at the fire sprinklers system project worksite and make
such plans and specifications available to the inspector at each inspection.
(c) For a fire sprinkler system project to install or replace a component, a contractor must keep a
copy of the manufacturer's installation instructions and any pertinent testing instructions needed to
certify or accept the component at the fire sprinkler system project worksite and make such documents
available to the inspector at each inspection.
5. Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air-conditioning
and refrigeration system meeting the following thresholds are required to be designed by a Florida
Registered Engineer. The system, Requires an electrical system with a value of over $125,000; and
Requires an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system
or over 800 amperes (240 volts) on a commercial or industrial electrical system;
Note: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to
be designed by an Engineer. Documents requiring an engineer seal by this part shall not be valid unless a
professional engineer who possesses a valid certificate of registration has signed, dated, and stamped
such document as provided in Section 471.025, Florida Statutes.
6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida
Statutes.
[A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to
have been abandoned becoming null and void 180 days after the date of filing, unless such application has been
pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in
writing and justifiable cause demonstrated.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration,
modification, repair or addition unless the permit either includes on its face or there is attached to the permit the
following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions
applicable to this property that may be found in the public records of this county, and there may be additional
permits required from other governmental entities such as water management districts, state agencies, or federal
agencies.”
105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of
application therefor unless unusual circumstances require a longer time for processing the application or unless the
permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida
Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof
that it has secured compensation for its employees as provided in Sections 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building
where the owner occupies the building, the building is not for sale or lease, and the work is performed according
to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an
owner must personally appear and sign the building permit application. The permitting agency shall provide the
person with a disclosure statement in substantially the following form:
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Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have
applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to
act as your own asbestos abatement contractor even though you do not have a license. You must supervise the
construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential
building where you occupy the building and the building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is
complete, the law will presume that you intended to sell or lease the property at the time the work was done,
which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must
be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects.
It is your responsibility to make sure that people employed by you have licenses required by state law and by
county or municipal licensing ordinances.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all
buildings designed and approved prior to the effective date of a new code edition, provided a clear signed
contract is in place. The contract shall provide specific data mirroring that required by an application for permit,
specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion.
However, the construction activity must commence within 6 months of the contract’s execution. The contract is
subject to verification by the Department of Business and Professional Regulation.
105.3.8 A local government may not require a contract between a builder and an owner for the issuance of a
building permit or as a requirement for the submission of a building permit application.
105.3.9 Public right of way. A permit shall not be given by the building official for the construction of any building,
or for the alteration of any building where said building is to be changed and such change will affect the exterior
walls, bays, balconies, or other appendages or projections fronting on any street, alley or public la ne, or for the
placing on any lot or premises of any building or structure removed from another lot or premises, unless the
applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public
lane.
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or
an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction.
Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not
prevent the building official from requiring the correction of errors in the construction documents and other data.
The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or
of any other ordinance of this jurisdiction.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a
permit prevent the building official from thereafter requiring a correction of errors in plans, construction or
violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 6 months after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 6 months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of
progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void,
the building official is authorized to require that any work which has been commenced or completed be removed
from the building site. Alternately, a new permit may be issued on application, providing the work in place and
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required to complete the structure meets all applicable regulations in effect at the time the initial permit became
null and void and any regulations which may have become effective between the date of expiration and the date
of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection
within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building
work is halted due directly to judicial injunction, order or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative
authority.
105.4.1.5 After the local enforcing agency issues a permit, the local enforcing agency may not make or require any
substantive changes to the plans or specifications except changes required for compliance with the Florida
Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or local amendments thereto. I f a local
enforcing agency makes or requires substantive changes to the plans or specifications after a permit is issued, the
local enforcing agency must identify the specific plan features that do not comply with the applicable codes,
identify the specific code chapters and sections upon which the finding is based, and provide the information to
the permitholder in writing.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit
is commenced within 180 days after its issuance, or if the work authorized on the site by such permit holder and
property owner shall be responsible to either complete all work in accordance with the permitted plans and
inspection or remove any partially completed work in a safe and code compliant manner. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonst rated as determined by the building official.
105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property
owner, regardless of whether the property owner is the one listed on the application for the building permit, may
close a building permit by complying with the following requirements:
1. The property owner may retain the original contractor listed on the permit or hire a different contractor
appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit
and to obtain any necessary inspection in order to close the permit. If a contractor other than the original
contractor listed on the permit is hired by the property owner to close the permit, such contractor is not
liable for any defects in the work performed by the original contractor and is only liable for the work that
he or she performs.
2. The property owner may assume the role of an owner- builder, in accordance with Sections 489.103(7)
and 489.503(6), Florida Statutes.
3. If a building permit is expired and its requirements have been substantially completed, as determined by
the local enforcement agency, the permit may be closed without having to obtain a new building permit,
and the work required to close the permit may be done pursuant to the building code in effect at the time
the local enforcement agency received the application for the permit, unless the contractor has sought
and received approval from the local enforcement agency for an alternative material, design or method
of construction.
4. A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in
the absence of a final inspection, if the local enforcement agency determines that no apparent safety
hazard exists.
For purposes of this section, the term “close” means that the requirements of the permit have been
satisfied.
105.5.2 For the purposes of this subsection, a closed permit shall mean a permit for which all requirements for
completion have been satisfied or a permit that has been administratively closed by the building official.
105.5.3 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all
requirements for completion as defined in 105.5.1.1.
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[A] 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the
plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the
local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall
identify the specific plan or project features that do not comply with the applicable codes, identify the specific
code chapters and sections upon which the finding is based, and provide this information to the permit applicant.
If the local building code administrator or inspector finds that the plans are not in compliance with the Florida
Building Code, the local building code administrator or inspector shall identify the specific plan features that do
not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is
based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this
information to the permit applicant.
105.6.1 Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a
building permit to; issue a notice of violation to; or fine, penalize, sanction or assess fees against an arm’s -length
purchaser of a property for value solely because a building permit applied for by a previous owner of the property
was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner
and contractor listed on the permit.
105.6.2 Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a
building permit to a contractor solely because the contractor is listed on other building permits that were not
closed. A local enforcement agency has the authority to deny a new permit application from an applicant for other
reasons.
[A] 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the
completion of the project.
105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies
for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than
14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A
NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.”
105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an
existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s
responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of
Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state
and federal law.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board
shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,
providing a copy for the person the permit is issued to and another copy for the building permit files. The
treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment,
site location, area treated, chemical used, percent concentration and number of gallons used, to establish a
verifiable record of protective treatment. If the soil chemical bar rier method for termite prevention is used, final
exterior treatment shall be completed prior to final building approval.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need
for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater
or electric panel.
105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated
in the building permit application and plan may be started prior to the final approval and issuance of the permit,
provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the
first required inspection.
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105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is
authorized to issue a permit for the construction of foundations or any other part of a building or structure before
the construction documents for the whole building or structure have been submitted. The holder of such permit
for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building
operation and without assurance that a permit for the entire structure will be granted. Corrections may be
required to meet the requirements of the technical codes.
105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or
whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the
building official, are hazardous or complex, the building official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be
responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and
upon completion make and file with the building official written affidavit that the work has been done in
conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such
architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose
qualifications are reviewed by the building official. The building official shall ensure that any person conducting
plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person
conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes.
.
Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance
requirements of the Florida Building Code.
105.14.1 Affidavits in flood hazard areas. Permit issued on basis of an affidavit shall not extend to the flood load
and flood resistance requirements of the Florida Building Code and the official shall review an inspect those
requirements.
105.15 Opening protection. When any activity requiring a building permit, not including roof covering
replacement or repair work associated with the prevention of degradation of the residence, that is applied for on
or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single -family detached
residential structure that is located in the wind-borne debris region as defined in this code and that has an insured
value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for
which documentation of insured value is not presented, has a just valuation fo r the structure for purposes of ad
valorem taxation of $750,000 or more; opening protections as required within this code or Florida Building Code,
Residential for new construction shall be provided.
Exception: Where defined wind-borne debris regions have not changed, single family detached residential
structures permitted subject to the Florida Building Code are not required to comply with this section.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity,
may not require as a condition of issuance of a one- or two-family residential building permit the
inspection of any portion of a building, structure, or real property that is not directly impacted by the
construction, erection, alteration, modification, repair, or demolition of the building, structure, or real
property for which the permit is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in s. 161.54, Florida Statutes or as defined in the Florida
Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to s. 553.507(2)(a), Florida
Statutes or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a local enforcing agency, or any local building code administrator,
inspector, or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection
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conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly
impacted by the construction, erection, alteration, modification, repair, or demolition of the
building, structure, or real property for which the permit is sought in accordance with the prohibition
in paragraph (a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other person
having control of the building, structure, or real property has voluntarily consented to the inspection
of that portion of the building, structure, or real property in accordance with the prohibition in
paragraph (a).
4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant
issued in accordance with ss. 933.20-933.30, Florida Statutes.
5. Requiring inspection of existing buildings in connection with recertification requirements pursuant to
Section 110. 9 of this Administrative Code.
105.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section, the term:
(a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm sys -
tem contracting pursuant to a certificate or registration issued by the department under Part II of
Chapter 489, Florida Statutes.
(b) “Low-voltage alarm system project” means a project related to the installation, maintenance,
inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505,
Florida Statutes, that is hardwired and operating at low voltage, as defined in the National Electrical
Code Standard 70, Current Edition, or a new or existing low -voltage electric fence, and ancillary
components or equipment attached to such a system, or fence, including, but not limited to, home -
automation equipment, thermostats, closed -circuit television systems, access controls, battery
recharging devices, and video cameras.
(c) “Low-voltage electric fence” means an alarm system, as defined in s. 489.505, that consists of a
fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts
which produces an electric charge upon contact with the fence structure.
(d) “Wireless alarm system” means a burglar alarm system of smoke detector that is not hardwired.
(2) Notwithstanding any provision of this code, this section applies to all low-voltage alarm system projects
for which a permit is required by a local enforcement agency. However, a permit is not required to install,
maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or
equipment attached to the system.
(3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low-voltage
alarm system project and no further permit shall be required for the low-voltage alarm system project
other than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer characteristics
set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical
Commission Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low- voltage
electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence at
intervals of not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single - family or
multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used for
residential purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required.
(5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor
to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in s.
553.793, Florida Statutes. The local enforcement agency may not require the payment of any additional
fees, charges, or expenses associated with the installation or replacement of a new or existing alarm.
(a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to
submit information other than identification information of the licensee and proof of registration or
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certification as a contractor.
(b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of
the local enforcement agency that issued the label. A contractor may purchase labels in bu lk for one
or more unspecified current or future projects.
(6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of
the low-voltage alarm system project site before commencing work on the project.
(7) A contractor is not required to notify the local enforcement agency before commencing work on a low-
voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage
Alarm System Project as provided under subsection (7) to the local enfo rcement agency within 14 days
after completing the project. A local enforcement agency may take disciplinary action against a
contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project.
(8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by
facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of
such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format
prescribed by the local enforcement agency and must comply with the requirements of s. 553.793(7),
Florida Statutes.
(9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low -voltage
alarm system to ensure compliance with applicable codes and standards. If a low-voltage alarm system
project fails an inspection, the contractor must take corrective action as necessary to pass inspection.
(10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect
any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section.
(11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service
of an alarm system that was permitted in accordance with this section.
The provisions of this act are not intended to impose new or additional licensure requirements on
persons licensed in accordance with the applicable provisions of Chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
[A] 106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for
live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the
owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to
remove or deface such notices.
[A] 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be
issued until the floor load signs, required by Section 106.1, have been installed.
[A] 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or
roof of a building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
[A] 107.1 General. Submittal documents consisting of construction documents, statement of special inspections,
geotechnical report and other data shall be submitted with each permit applicationin accordance with Florida
Statute 553.79. The construction documents shall be prepared by a registered design professional where required
by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1
Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional
construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other
data not required to be prepared by a registered design professional if it is found that the nature of the work
applied for is such that review of construction documents is not necessary to obtain compliance with this
code.
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[A] 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through
107.2.6.
107.2.1 Information on construction documents. Construction documents shall be to scale, dimensioned and
drawn upon suitable material. Electronic media documents are permitted to be submitted where approved by the
building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of
the work proposed and show in detail that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall
contain information, in the form of notes or otherwise, as to the quality of materials, wh ere quality is essential to
conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited
as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information.
All information, drawings, specifications and accompanying data shall bear the name and signature of the person
responsible for the design.
[A] 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submit-
ted to indicate conformance to this code and the construction documents and shall be approved prior to the start
of system installation. Shop drawings shall contain all information as required by the referenced installation
standards in Chapter 9.
[A] 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction,
size and character of all portions of the means of egress including the path of the exit discharge to the public way
in compliance with the provisions of this code. In other than occupancies in Groups R -2, R-3, and I-1, the
construction documents shall designate the number of occupants to be accommodated on every floor, and in all
rooms and spaces.
[A] 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall
envelope in sufficient detail to determine compliance with this code. The construction documents shall provide
details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners,
end details, control joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane
and details around openings.
The construction documents shall include manufacturer’s installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe
the exterior wall system that was tested, where applicable, as well as the test procedure used.
107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are
exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an
impervious moisture barrier, the construction documents shall include details for all elements of the impervious
moisture barrier system. The construction documents shall include manufacturer's installation instructions.
[A] 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied
by a site plan showing to scale the size and location of new construction and existing structures on the site,
distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood
hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate
boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on the site or plot. The building official
is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration
or repair or where other- wise warranted.
[A] 107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in
accordance with Section 1612.3.1.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the
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form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a
duly authorized representative, as required by the Florida Building Code.
[A] 107.2.7 Structural information. The construction documents shall provide the information specified in Section
1603.
[A] 107.3 Examination of documents. The building official shall examine or cause to be examined the
accompanying submittal documents and shall ascertain by such examinations whether the construction indicated
and described is in accordance with the requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved
manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions
of the code relating to erection, assembly or construction at the site. Erection, assembly and construction
at the site are subject to local permitting and inspections. Photocopies of plans approved according to
Rule 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of
record for the modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by
appropriately licensed design and inspection professionals and which contain adequate in-house fire
departments and rescue squads is exempt, subject to approval by the building official, from review of
plans and inspections, providing the appropriate licensed design and inspection professionals certify that
applicable codes and standards have been met and supply appropriate approved drawings to local
building and fire-safety inspectors.
[A] 107.3.1 Approval of construction documents. When the building official issues a permit, the construction
documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction
documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized
representative.
[A] 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction
or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise law-
fully authorized, and the construction of which has been pursued in good faith within 180 days after the effective
date of this code and has not been abandoned.
[A] 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of
foundations or any other part of a building or structure before the construction documents for the whole building
or structure have been submitted, provided that adequate information and detailed statements have been filed
complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts
of a building or structure shall proceed at the holder’s own risk with the building operation and witho ut assurance
that a permit for the entire structure will be granted.
[A] 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a
registered design professional, the building official shall be authorized to require the owner or the owner’s
authorized agent to engage and designate on the building permit application a registered design professional who
shall act as the registered design professional in responsible charge . If the circumstances require, the owner or the
owner’s authorized agent shall designate a substitute registered design professional in responsible charge who
shall perform the duties required of the original registered design professional in responsible charge. The building
official shall be notified in writing by the owner or owner’s authorized agent if the registered design professional
in responsible charge is changed or is unable to continue to perform the duties. Successor registered design
professional in responsible charge licensed under Chapter 471 Florida Statutes shall comply with Section
471.025(4) Florida Statute and the procedure set forth in 61G15 -27.001 Florida Administrative Code; or licensed
under Chapter 481 Florida Statutes shall comply with Section 481.221(6) Florida Statute and the procedure set
forth in 61G1-18.002 Florida Administrative Code.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating
submittal documents prepared by others, including phased and deferred submittal items, for compatibility with
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the design of the building.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions
of the design that are not submitted at the time of the application and that are to be submitted to the building
official.
Deferral of any submittal items shall have the prior approval of the building official. The registered design
professional in responsible charge shall list the deferred submittals on the construction documents for review by
the building official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible
charge who shall review them and forward them to the building official with a notation indicating that the
deferred submittal documents have been reviewed and found to be in general conformance to the design of the
building. The deferred submittal items shall not be installed until the deferred submittal documents have been
approved by the building official.
107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes,
shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida
Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for plans review for permitting purposes
relating to compliance with the wind- resistance provisions of the code or alternate methodologies approved by
the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon
such certification by contractors that the plans and specifications submitted conform to the requirements of the
code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or
reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes.
107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official
shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
framing plan or truss layout; all fenestration and building envelope penetrations; flashing; and rough opening
dimensions; and all exterior elevations:
Commercial Buildings:
Building:
1. Site requirements:
Parking Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined (with cross check with the
energy code submittal).
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fireblocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram.
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
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Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor el evations, enclosures, flood
damage- resistant materials
Wall systems Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster Insulating (mechanical)
Roofing
Insulation
Building envelope portions of the Energy Code (including calculation and mandatory requirements)
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
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Light and ventilation (including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
14. Location and installation details. The specific location and installation details of each fire door, fire
damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans
by the designer.
Electrical:
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code (including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing:
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements)
Mechanical:
1. Mechanical portions of the Energy calculations
2. Exhaust systems: Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
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6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
17. Smoke and/or Fire Dampers
Gas:
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including calculation and mandatory requirements)
Demolition:
1. Asbestos removal
Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines) Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke and/or carbon monoxide alarm/detector locations
5. Egress:
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials connector tables wind
requirements structural calculations (if required)
Termite protection
Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,
and flood damage- resistant materials
7. Accessibility requirements:
Show/identify
Accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including calculation and mandatory requirements)
10. Mechanical, electrical & plumbing systems
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Manufactured buildings/housing:
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions: Plans examination by the building official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.
2. Reroofs
3. Minor electrical, plumbing and mechanical repairs
4. Annual maintenance permits
5. Prototype plans:
Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed
above in manufactured buildings/housing.
[A] 107.4 Amended construction documents. Work shall be installed in accordance with the approved
construction documents, and any changes made during construction that are not in compliance with the approved
construction documents shall be resubmitted for approval as an amended set of construction documents.
[A] 107.5 Retention of construction documents. One set of approved construction documents shall be retained by
the building official for a period of not less than 180 days from date of completion of the permitted work, or as
required by state or local laws.
107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating
that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that
the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by
drawings, show the structural design and that the plans and design conform to the requirements of the technical
codes as to strength, stresses, strains, loads and stability. The building official may without any examination or
inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to
the building official copies of inspection reports as inspections are performed and upon completion of the
structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas,
mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.
Where the building official relies upon such affidavit, the architect or engineer shall assume full respons ibility for
compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official
shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter
468, Florida Statutes, and that any person con- ducting inspections is qualified as a building inspector under Part
XII of Chapter 468, Florida Statutes.
107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation
for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the
building official to issue permits, to rely on inspections, and to accept plans and construction documents on the
basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load
and flood-resistance construction requirements of the Florida Building Code.
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107.7 If the local building code administrator or inspector finds that the plans are not in compliance with
the Florida Building Code, the local building code administrator or inspector shall identify the specific plan
features that do not comply with the applicable codes, identify the specific code chapters and sections
upon which the finding is based, and provide this information to the local enforcing agency. If the building
code administrator, plans examiner, or inspector requests another local enforcing agency employee or a
person contracted by the local enforcing agency to review the plans and that employee or person
identifies specific plan features that do not comply with the applicable codes, the building code
administrator, plans examiner, or inspector must provide this information to t he local enforcing agency.
The local enforcing agency shall provide this information to the permit applicant.
SECTION 108
TEMPORARY STRUCTURES AND USES
[A] 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary
uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The
building official is authorized to grant extensions for demonstrated cause.
[A] 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103.
[A] 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use
power in part of an electric installation before such installation has been fully completed and the final certificate
of completion has been issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat or power in NFPA 70.
[A] 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary
structure or use and to order the temporary structure or use to be discontinued.
SECTION 109
FEES
[A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any, has been paid.
[A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as
established by the applicable governing authority.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
Permits;
Plans examination;
Certificates of competency (including fees for applications, examinations, renewal, late renewal, and
reciprocity);
Re-inspections;
Administrative fees (including fees for investigative and legal costs incurred in the context of certain
disciplinary cases heard by the board);
Variance requests;
Administrative appeals;
Violations; and
Other fees as established by local resolution or ordinance.
[A] 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of
application. Permit valuations shall include total value of work, including materials and labor, for which the permit
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is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion
of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the
applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation
shall be set by the building official.
[A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building,
structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior
approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established
by the building official that shall be in addition to the required permit fees or as provided by local ordinance. This
provision shall not apply to emergency work when delay would clearly have placed life or property in imminent
danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any
unreasonable delay in obtaining those permit(s) shall result in the charge of a 2.5x fee. The payment of a 2.5x fee
shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a
permit. The building official may grant extensions of time or waive fees when justifiable cause has been
demonstrated in writing.
[A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work
done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant
or holder of the permit from the payment of other fees that are prescribed by law.
[A] 109.6 Refunds. The building official is authorized to establish a refund policy.
SECTION 110
INSPECTIONS
[A] 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the
building official and such construction or work shall remain exposed and provided with access for inspection
purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be
valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain exposed and
provided with access for inspection purposes. The building official shall be permitted to require a boundary line
survey prepared by a Florida licensed professional surveyor and mapper whenever the boundary lines cannot be
readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or
cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record
shall be made of every such examination and inspection and of all violations of the technical codes.
110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by
Section 110. He or she may accept reports of department inspectors, independent inspectors or of recognized
inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and
reliability. A certificate required by any provision of this code shall not be based on such reports unless the same
are recorded by the building code inspector or the architect or engineer performing building code inspections in a
manner specified by the building official. The building official shall ensure that all persons making such
inspections shall be certified in accordance to Chapter 468 Florida Statues ; or licensed under Chapter 471 or 481
Florida Statutes.
[A] 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to
be examined buildings, structures and sites for which an application has been filed.
[A] 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent
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shall make the following inspections, or any other such inspection as deemed necessary and shall either release
that portion of the construction or shall notify the permit holder or his or her agent of any violations which must
be corrected in order to comply with the technical codes. The building official shall determine the timing and
sequencing of when inspections occur and what elements are inspected at each inspection.
Building
1. Foundation inspection. To be made after trenches are excavated , any required reinforcing steel is in
place, forms erected and shall at a minimum include the following building components:
• Stem-wall
• Monolithic slab-on-grade
• Piling/pile caps
• Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in -slab or under-floor
reinforcing steel and building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor sheathing installed,
including the subfloor.
1.2. A foundation/form board survey prepared and certified by a Florida licensed professional surveyor
and mapper may be required, prior to approval of the slab inspection. The survey shall certify
placement of the building on the site, illustrate all surrounding setback dimensions and shall be
available at the job site for review by the building inspector. In lieu of providing a survey, the
contractor may elect to uncover all property line markers and string-up all property lines in
preparation for inspection.
1.3. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further
vertical construction, the elevation certification shall be submitted to the building official.
2. Framing inspection. To be made after the roof, all framing, fireblocking and bracing is in place, all
concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing,
heating wires, pipes and ducts are approved and shall at a minimum include the following building
components:
• Window/door framing
• Window U-factor/SHGC (as indicated on approved energy calculations)
• Vertical cells/columns
• Lintel/tie beams
• Framing/trusses/bracing/connectors (including truss layout and engineered drawings)
• Draftstopping/fireblocking
• Curtain wall framing
• Energy insulation (Insulation R-factor as indicated on approved energy calculations)
• Accessibility
• Verify rough opening dimensions are within tolerances.
• Window/door buck attachment
2.1 Insulation Inspection: To be made after the framing inspection is approved and the insulation is in
place, according to approved energy calculation submittal. Includes wall and ceiling insul ation.
2.2 Lath and gypsum board inspection for fire-resistance rated or shear assemblies. Lath and gypsum
board inspections shall be made after lathing and gypsum board, interior and exterior, is in place,
but before ant plastering is applied or gypsum board joints and fasteners are taped and finished.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request
of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum
include the following building components:
• Roof sheathing
• Wall sheathing
• Continuous air barrier
• Exterior siding/cladding
• Sheathing fasteners
• Roof/wall dry-in
NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners)
shall be removed and properly reinstalled prior to installation of the dry-in material.
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4. Exterior wall coverings. Shall at a minimum include the following building components in progress
inspections:
• Exterior wall coverings and veneers
• Soffit coverings
5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following
building components:
• Dry-in
• Insulation
• Roof coverings (including In Progress as necessary)
• Insulation on roof deck (according to submitted energy calculation)
• Flashing
5.1 Re-roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed
roofing contractor for the installation of additional sheathing fasteners as required by the Existing
Building Code may be accepted at the discretion of the building official.
6. Final inspection. To be made after the building is completed and ready for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor elevation
shall be submitted to the authority having jurisdiction.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding and main drain and prior to placing of concrete.
1. Steel reinforcement inspection
2. Underground electric inspection
3. Underground piping inspection including a pressure test.
4. Underground electric inspection under deck area (including the equipotential bonding)
5. Underground piping inspection under deck area
6. Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any
reinforcement in place
7. Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain
covers installed and the final barriers installed.
8. Final pool piping
9. Final Electrical inspection
10. Final inspection to be made when the swimming pool is complete and all required enclosure
requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool must
meet the requirements relating to pool safety features as described in Section 454.2.17 of this code.
8. Demolition inspections. First inspection to be made after all utility connections have been dis - connected
and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition
operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building department shall inspect construction of foundations;
connecting buildings to foundations; installation of parts identified on plans as site installed items, joining
the modules, including utility cross- overs; utility connections from the building to utility lines on site; and
any other work done on site which requires compliance with the Florida Building Code. Additional
inspections may be required for public educational facilities (see Section 453.27.20 of this code).
10. Where impact-resistant coverings or impact-resistant systems are installed, the building official shall
schedule adequate inspections of impact - resistant coverings or impact-resistant systems to determine
the following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed,
and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to
the installation of wall or ceiling membranes.
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3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and
properly connected or protected, and the structure is ready for occupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical
equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before
any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil,
waste and vent piping is complete, and prior to this installation of wall or ceiling membranes.
Includes plumbing provisions of the energy code and approved energy calculation provisions.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and
properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel
piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing are in place and all
ducting, and other concealed components are complete, and prior to the installation of wall or ceiling
membranes.
Includes mechanical provisions of the energy code and approved energy calculation provisions.
3. Final inspection. To be made after the building is complete, the mechanical system is in place and
properly connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed,
and before any such piping has been covered or concealed or any fixtures or gas appliances have been
connected.
Includes gas provisions of the energy code and approved energy calculation provisions.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after
all portions which are to be concealed by plastering or otherwise have been so concealed, and before any
fixtures or gas appliances have been connected. This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing
systems as may be affected by new work or any changes, to ensure compliance with all the requirements
of this code and to assure that the installation and construction of the gas system is in accordance with
reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible for the
clean-up and removal of all construction debris or any other miscellaneous discarded articles during the
course of the construction project and prior to receiving final inspection approval. Construction job sites
must be kept clean and in a safe condition at all times.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
[A] 110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for footings are complete and any required
reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C
94, the concrete need not be on the job.
[A] 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made
after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other
ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the
subfloor.
[A] 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the
basement, and prior to further vertical construction, the elevation certification required in Section 1612.4 and
Section R322 of the Florida Building Code, Residential, shall be submitted to the building official.
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[A] 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing,
fireblocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough
electrical, plumbing, heating wires, pipes and ducts are approved.
[A] 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel
product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior,
are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners
are taped and finished to include tub/shower surround waterproofing inspection
Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or
a shear assembly.
110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking
surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is
protected by an impervious moisture barrier, all elements of the impervious -moisture-barrier system shall not be
concealed until inspected and approved.
[A] 110.3.7 Fire and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance- rated
assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.
[A] 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy
Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding
mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope
insulation R- and U-values, fenestration U-value, and Solar Heat Gain Coefficient, duct system R-value, and HVAC,
lighting, electrical and water-heating equipment efficiency.
[A] 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.8, the
building official is authorized to make or require other inspections of any construction work to ascertain
compliance with the provisions of this code and other laws that are enforced by the department of building
safety.
[A] 110.3.10 Special inspections. Reserved.
110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is
completed.
110.3.11.1 Flood hazard documentation.
If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5
and Section R322 of the Florida Building Code, Residential, shall be submitted to the building official prior to the
final inspection.
110.3.11.2 Commercial Energy Code documentation. If required by energy code path submittal, confirmation
that commissioning result requirements have been received by building owner.
110.3.11.3 Residential Energy Code documentation. If required by energy code path submittal (R405),
confirmation that the duct test requirements shall be received by building official.
110.3.12 Termites. Building components and building surroundings required to be protected from termite dam -
age in accordance with Section 1503.7, Section 2304.12.9 or Section 2304.12.4, specifically required to be
inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance
with Section 1816 shall not be covered or concealed until the release from the building official has been received.
110.3.13 Impact-resistant coverings or systems. Where impact-resistant coverings or systems are installed to
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meet requirements of this code, the building official shall schedule adequate inspections of impact-resistant
coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
[A] 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection
agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
[A] 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized
agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to
provide access to and means for inspections of such work that are required by this code.
[A] 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the building official. The building official, upon notification, shall make the
requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or
notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do
not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building
official.
110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and
inspected by a Florida licensed professional engineer prior to any required mandatory inspections by the
threshold building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or restoration projects in which the structural system or
structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or
architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance
of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is
to provide specific inspection procedures and schedules so that the building can be adequately inspected for
compliance with the permitted documents. The special inspector may not serve as a surrogate i n carrying out the
responsibilities of the building official, the architect, or the engineer of record. The contractor’s contractual or
statutory obligations are not relieved by any action of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the
enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height,
occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a
threshold building under s. 553.71(7), Florida Statutes may designate such building as a threshold building, subject
to more than the minimum number of inspections required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but
the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified,
licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes,
as an architect.
110.8.4 Each enforcement agency shall require that, on every th reshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of
occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form:
“To the best of my knowledge and belief, the above described construction of all structural load - bearing
components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and
reshoring plans submitted to the enforcement agency.”
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110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be
submitted to the enforcement agency for review for compliance with the codes and made part of the
enforcement agency’s recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for
recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in
compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of
record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and
specifications comply with the applicable minimum building codes and the applicable fire-safety standards as
deter- mined by the local authority in accordance with this section and Chapter 633, Florida Statutes.
110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a
licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building
contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named
contractor to whom the building permit is issued shall have the responsibility for supervision, direction,
management and control of the construction activities on the project for which the building permit was issued.
110.8.6 The building department may allow a special inspector to conduct the minimum structural inspection of
threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the
building department. The building official is responsible for ensuring that any person conducting inspections is
qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector
under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),
Florida Statutes, are in addition to the minimum inspections required by this code.
110. 9 Recertification of buildings and components:
(1) In General
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to
them in this subsection (a), except where the context clearly indicates a different meaning:
“Association building” means any building that does not fall within the definition of a threshold building
and is owned, in whole or in part, by a condominium association or cooperative association, is three stories
or more in height and contains at least four dwelling units.
“Building age" shall mean the time period since the issuance of the original certificate of occupancy or,
where adequate records are not available to determine when the original certificate of occupancy was issued, the
building age shall be determined by the Building Official based on the b est available evidence.
“Owner" shall mean the fee simple title holder of the land on which a building subject to recertification
is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity
responsible for the structure and common systems of a building subject to recertification.
“Phase one milestone inspection" shall mean a visual inspection of the habitable and nonhabitable areas
of a building, including the major structural components of a building and shall include the inspector’s qualitative
assessment of the structural conditions of the building and the inspector’s determination of whether such
assessment indicates substantial structural deterioration necessitating a phase two inspection. A phase one
milestone inspection shall also include an inspection by a professional electrical engineer certifying and attesting
that such building is electrically safe or identifying any major or critical deficiencies in the electrical system and the
repairs or alterations necessary to make the building electrically safe, including a recommended timeframe for
such repairs. At a minimum, the following electrical components/equipment, where present, shall be evaluated:
electrical service, branch circuits, conduit raceways and emergency lighting.
“Phase two milestone inspection” shall mean an inspection involving destructive or non-destructive
testing, at the inspector’s discretion, necessary to fully assess areas of structural distress in order to confirm that
the building is structurally sound and safe for its intended use and shall include recommendations for fully
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assessing and repairing distressed and damaged portions of the buildin g.
“Substantial structural deterioration” means substantial structural distress or substantial structural
weakness that negatively affects a building’s general structural condition and integrity.
“Threshold building" means any building which is greater than three stories or fifty (50) feet in height, or
which has an assembly occupancy classification as defined in the Florida Building Code which exceeds five
thousand square feet in area and an occupant content of greater than five hundred (500) persons as defined in
Section 553. 71(12), Florida Statutes, as may be amended from time to time.
“Recertification” means the completion of a phase one milestone inspection and, where required, the
completion of a phase two milestone inspection and all necessary major or critical repairs as determined by the
applicable inspector in accordance with the terms of this section.
(b) Due to local circumstances and the proximity to salt water, any threshold building or association
building that has a building age of twenty- five (25) years or more shall be subject to recertification as provided in
this section. Subsequent recertification shall be required at intervals of ten (10) years from the date the first such
recertification was required for threshold buildings with a building age of up to forty (40) years and at intervals of
seven (7) years for threshold buildings with a building age of more than forty (40) years.
(c) Beginning on October 19, 2021, due to the initial backlog of buildings required to be recertified, the
Building Official shall establish a completion schedule for recertification, which shall be based upon factors that
may include, but shall not be limited to, the age, location, construction materials, occupancy load, and function of
a building. This completion schedule shall include a recertification deadline for each building for which
recertification is required and may be amended by the Building Official as necessary or advisable. If recertification
is required for a building for which a certificate of occupancy was issued on or before July 1, 1997, the phase one
milestone inspection must be performed before December 31, 2024.
(d) Nothing in this section shall be construed to prevent or limit the Building Official' s authority to
inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements
of this section, including but not limited to, the Building Official's authority pursuant to Section 116 of this chapter
regarding Unsafe Structures and Equipment or any other provision in the Town Code of Ordinances. The Building
Official retains the authority set forth in Section 116 to declare a structure, building or an electrical, gas,
mechanical or plumbing system as unsafe in accordance with the criteria set forth in that section.
(2) Procedure.
(a) The Building Official shall issue a Notice of Required Inspection, via certified mail, to the Owner of
each building required to be recertified pursuant to subsection (1) above, not less than one hundred and eighty
(180) days prior to the scheduled deadline for the filing of a phase one milestone inspection report. In the event
that the Notice of Required Inspection is returned unclaimed, said Notice shall be posted by the Building Official at
the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations
pursuant to this section.
(b) The Owner or Owners of a building or structure subject to recertification shall submit, or cause to be
submitted, to the Building Official, no later than the recertification deadline, a phase one milestone inspection
report (“Phase One Report”). If the qualitative assessment set forth in the Phase One Report reveals no signs of
substantial structural deterioration to any building components under visual examination, no phase two
milestone inspection report shall be required, provided, however, that the Owner must still correct any major or
critical deficiencies in the electrical system within the recommended timeframe.
(c) Inspections of threshold buildings shall be performed by a certified special inspector of threshold
buildings (a professional or structural engineer or architect registered in the State of Florida and qualified by
training and experience). Inspections of association buildings may be performed by a licensed architect or
engineer registered in the State of Florida or a team of professionals with an architect or engineer acting as a
registered design profession in responsible charge with all work and reports signed and sealed by the appropriate
qualified team member. All reports shall bear the name, business address, State of Florida registration number,
and impressed or electronic seal and signature of the certified special inspector, engineer or architect who has
performed the inspection. Electronically signed and sealed documents shall meet all applicable statutory and
administrative code requirements.
(d) If any substantial structural deterioration is identified in the Phase One Report, the Owner shall be
required to undergo a phase two milestone inspection and file a Phase Two Milestone Inspection Report (“Phase
Two Report”). Within one hundred and eighty (180) days after submitting the Phase One Report, the architect or
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engineer performing the Phase Two Report must submit a phase two progress report to the Building Official with
a timeline for completion of the phase two inspection. The Phase Two Report shall note the location address and
property control number of the building, describe the type of construction and general characteristics of the
building( including but not limited to total floor area, height and number of stories, building footprint and similar
characteristics), the existence of drawings and location thereof, history of the building to the extent reasonably
known, and describe the type and manner of the inspection, noting any areas of issues or concern, and shall
include recommendations for repairs required to maintain the structural integrity of the building, and the
estimated time of completion of said repairs or modifications. The Phase Two Report must take into account two
basic structural considerations: (1) movement of structural components with respect to each other; and (2)
deterioration of materials and any effect on the structural integrity of the building. The Phase Two Report shall
include the manner in which the inspection occurred of the following structural elements, as applicable:
foundation, masonry bearing walls, steel framing system, floor systems, roof systems, concrete framing systems,
windows, wood framing, and loading. The Town is not mandating any particular inspection method; however, the
Phase Two Report shall discuss the use or non- use of the standard structural inspection methods and the
reasoning behind their use or non- use. These methods may include, but not be limited to: the visual examination
method; the testing method; and the manual ( forensic inspection) method. For major structure elements such as
foundations, masonry bearing walls, steel framing systems, roof systems, and concrete framing systems, manual
(forensic inspection) methods, such as chipping small areas of concrete and surface finishes for closer
examination, are strongly encouraged.
(e) The use of the manual (forensic inspection) method for certain structural elements as encouraged
above shall be documented by photographic or other similar evidence, which shall be included in the Phase Two
Report.
(3) Building Official Review of Phase Two Report.
Once the Phase Two Report has been submitted to the Building Official, the Building Official will perform an
administrative review of the Report to determine whether it satisfies the requirements of this section. The
Building Official will not review or otherwise assess the architect or engineer's technical findings. If the Building
Official determines that the Phase Two Report does not satisfy the requirements of this section, the Owner shall
make any changes to the Phase Two Report as needed and resubmit it no later than thirty (30) days after the
Building Official' s determination. The Phase Two Report may be resubmitted in this manner up to two ( 2)
additional times after the initial submission until the Phase Two Report is determined to have satisfied the
requirements of this section. If the Building Official determines after a third submittal that the Phase Two Report
does not satisfy the requirements of this section, this shall be a deemed a failure to submit the require
recertification inspection report and shall subject the Owner to the remedies prescribed in subsection ( 5) of this
section. The Building Official' s determination shall be in writing and shall be provided to the Owner via certified
and first- class mail.
(4) Timeframe to Make Repairs or Modifications.
The Owner shall correct all major or critical structural or electrical deficiencies identified in the Report in
accordance with the certified special threshold inspector' s or engineer' s recommended timeframe.
Notwithstanding the foregoing, all such repairs shall be completed within a maximum of three hundred and sixty-
five (365) days from the date the Building Official accepts a complete Phase Two Report satisfying the
requirements of this section. Once the repairs or modifications have been completed, the certified special
threshold inspector or engineer shall reinspect the areas noted on the original report and shall provide the owner
a signed and sealed letter stating that the repairs or modifications have all been completed. The owner shall
submit that letter to the Building Official. The Building Official may grant extensions to either the recommended
or maximum timeframes when justified by the totality of the circumstances. I request for extension shall be
unreasonably denied. The Building Official' s decision regarding an Owner' s request for an extension shall be in
writing and provided to the Owner via certified and first- class mail. If, at any time, the Building Official
determines that structural and/ or electrical deficiencies exist that present an immediate danger to human life or
safety, the Building Official may take such actions determined necessary pursuant to Section 116 of this chapter
regarding Unsafe Structures and Equipment, regardless of the procedural requirements or timeframes specified in
this section.
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(5) Failure to Submit a Recertification Inspection Report or Timely Make Repairs/ Modifications.
In the event the owner fails to submit any required report by the specified deadline, fails to make changes and
resubmit the Phase Two Report within the required timeframes upon a determination that the Phase Two Report
does not satisfy the requirements of this section, or fails to complete ( subject to all required permits) any major
or critical repairs or modifications within the required timeframes, the Building Official may seek an order of
enforcement through the Town' s code enforcement process or any other legal or equitable remedy provided by
law. The Building Official may extend the date by which a building’s phase one milestone inspection must be
completed upon a showing of good cause by the owner or owners ha ve entered into a contract with an architect
or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the
deadline or other circumstances justify an extension.
6) Appeals.
The Building Official' s written determination, after three submittals, that the Phase Two Report submitted
pursuant to subsection(3) above did not satisfy the requirements of that section and/ or the Building Official' s
written denial of an extension to the requested timeframe for completion of repairs or modifications pursuant to
subsection (4) above shall be final, subject only to the filing of a Petition for Writ of Certiorari in the Circuit Court
in and for Palm Beach County, Florida within thirty (30) days of the date of the written determination or written
denial.
SECTION 111
CERTIFICATE OF OCCUPANCY
[A] 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing
use or occupancy classification of a building or structure or portion thereof shall not be made, until the building
official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with
Section 105.2.
[A] 111.2 Certificate issued. After the building official inspects the building or structure and does not find
violations of the provisions of this code or other laws that are enforced by the department of b uilding safety, the
building official shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the
proposed occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest
floor elevation has been provided and is retained in the records of the building official.
7. The name of the building official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
[A] 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy
before the completion of the entire work covered by the permit, provided that such portion or portions shall be
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occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is
valid.
[A] 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of
occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on
the basis of incorrect information supplied, or where it is determined that the building or structure or portion
thereof is in violation of any ordinance or regulation or any of the provisions of this code.
111.5 Certificate of completion. A certificate of completion is proof that a structure or system is complete and for
certain types of permits is released for use and may be connected to a utility system. This certificate does not grant
authority to occupy a building, such as shell building, prior to the issuance of a certificate of occupancy.
SECTION 112
SERVICE UTILITIES
[A] 112.1 Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel
or power to any building or system that is regulated by this code for which a permit is required, until released by
the building official.
[A] 112.2 Temporary connection. The building official shall have the authority to authorize the temporary
connection of the building or system to the utility, source of energy, fuel or power.
[A] 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the referenced
codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate
hazard to life or property or where such utility connection has been made without the approval required by
Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and
occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If
not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 113
BOARD OF APPEALS
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building
official relative to the application and interpretation of this code, the Town has elected to utilize the Palm Beach
County Building Code Advisory Board for any and all appeals concerning the Florida Building Code.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not
fully apply or an equally good or better form of construction is proposed. The board shall have no authority to
waive requirements of this code.
113.3 Qualifications. The board shall consist of members who are qualified by experience and training to pass on
matters pertaining to building construction and are not employees of the jurisdiction.
113.4 Decisions on appeals. The decisions of the Advisory Board shall be final, subject to such remedies as the
aggrieved party may have at law or in equity.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,
repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause
same to be done, in conflict with or in violation of any of the provisions of this code.
Page 71
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 40 of 41
114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person
responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or
occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or
certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action
or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is
authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions of this code or of the order or direction made
pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the
approved construction documents or directive of the building official, or of a permit or certificate issued under the
provisions of this code, shall be subject to penalties as prescribed by law.
SECTION 115
STOP WORK ORDER
[A] 115.1 Authority. Where the building official finds any work regulated by this code being performed in a
manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to
issue a stop work order.
[A] 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property
involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall state the reason for the order and the
conditions under which the cited work will be permitted to resume.
[A] 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop
work order, except such work as that person is directed to perform to remove a violation or unsafe condition,
shall be subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient
because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire
hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken
down and removed or made safe, as the building official deems necessary and as provided for in this section. A
vacant structure that is not secured against entry shall be deemed unsafe.
116.2 Record. The building official shall cause a report to be filed on an unsafe condition. The report shall state
the occupancy of the structure and the nature of the unsafe condition.
116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent or person in
control of the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be
demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to
the building official acceptance or rejection of the terms of the order.
Page 72
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 41 of 41
116.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the
owner personally; (b) sent by certified or registered mail addressed to the owner at the last known address with
the return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or
registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing
manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice
upon the owner.
116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored
to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs
during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply
with the requirements of Section 105.2.2 and the Florida Building Code, Existing Building.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local flood plain
management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of
the Florida Building Code, Building or, as applicable, the provisions of Section R322 of the Florida Building Code, Residential. This
section shall not apply to Section 3109 of the Florida Building Code, Building.
Page 73
File Attachments for Item:
B. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida,
amending Section 30-7 “Official Zoning Map” of the Town Code of Ordinances to update
information pertaining to the date of the most recent amendment to the Town's Official
Zoning Map as set forth in Ordinance No. 2022-002; providing for repeal of all
ordinances in conflict; providing for severability and codification; and providing an
effective date.
Page 74
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 5, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN
CODE OF ORDINANCES TO UPDATE INFORMATION PERTAINING
TO THE DATE OF THE MOST RECENT AMENDMENT TO TOWN’S
OFFICIAL ZONING MAP AS SET FORTH IN ORDINANCE NO. 2022 -
002; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
SUMMARY:
In January 2021, the Palm Beach County Property Appraiser advised Town staff that the
following three (3) parcels located within the Boca Cove development did not have a zoning
district designation:
According to the Town’s Zoning Map, all of the parcels located within the Boca Cove
development (with the exception of the three (3) parcels noted above) are zoned Residential
Multiple Family Low Density (RML). Upon review of Town Ordinance No. 594, which adopted
the Zoning Map in 1990, these three (3) parcels were located within the RML Zoning District;
however, in error, the Zoning Map (which was in a different mapping format than the Zoning
Map adopted under Ordinance No. 594) did not provide any zoning district designation for
these parcels. To correct this scrivener’s error, on January 18, 2022, the Town Commission
approved the rezoning of these three parcels from no zoning district designation to the RML
zoning district (Ordinance No. 2022-002). Note that one of the three (3) parcels (Parcel control
number 24-43-47-04-01-000-1128) did not have a corresponding Future Land Use
Designation and therefore to correct this additional scrivener’s error, on September 6, 2022
the Town Commission adopted Ordinance No. 2022-007. Such Ordinance amended the
Future Land Use designation of this one (1) parcel from no future land use designation to Multi
Parcel Control No. (PCN) PARCEL ADDRESS PROPERTY OWNER
24434704010001131 1123 Boca Cove Lane Bonnie H and Michael K Mazor
24434704000060250 NA Boca Cove HOA
24434704010001128 NA Boca Cove HOA
Page 75
Family Low Density which is the corresponding future land use designation for all of the other
parcels in the Boca Cove development.
Staff have worked with the Town’s GIS consultant to revise the Official Zoning Map in
accordance with the above-referenced adopted rezoning including the replacement of the
Town logo with the latest version (Attachment No. 1). Given Section 30-7 of the Town Code
provides for the date and corresponding Ordinance Number of the most recent amendment to
the Official Zoning Map, an amendment to this section of the Town Code is required in order
to update this information as set forth in Ordinance No. 2022-002. The following amendment
to the Town Code of Ordinances is proposed (additions are denoted by an underline, and
deletions are denoted by a strikethrough):
Sec. 30-7. Official zoning map.
(a) Official zoning map. The official zoning map shall be adopted, and amended as
necessary, by the town commission. The map shall be signed by the mayor, whose signature
shall be attested by the town clerk. The map shall bear the official seal of the Town of Highland
Beach. The official zoning map of the Town of Highland Beach, last adopted or amended by
Ordinance No. 2022-002 594 on dated January 18, 2022 August 22, 1990, is hereby adopted
by reference and without change, and is made a part of this chapter.
Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the
enactment of a proposed ordinance, the governing body of a municipality shall prepare or
cause to be prepared a Business Impact Estimate (BIE). Such BIE is not required for
ordinances enacted to implement Part II of Chapter 163, F.S. which includes amendments to
the Zoning Code (Chapter 30). Moreover, given the proposed Town Code amendment merely
updates information pertaining to the date of the most recent amendment to the Official Zoning
Map as set forth in Ordinance 2022-002, there is no direct economic impact on private, for-
profit businesses in the Town.
Planning Board recommendation
At the November 9, 2023 Planning Board meeting, the Board made a motion to recommend
approval of the Ordinance (motion carried 6-0).
FISCAL IMPACT:
None.
ATTACHMENTS:
New Town Official Zoning Map (Attachment No. 1).
Proposed Ordinance.
Previous Official Zoning Map.
Town Ordinance 2022-002.
RECOMMENDATION:
At the discretion of the Town Commission.
Page 76
Page 77
ATTACHMENT NO. 1
Page 78
ORDINANCE NO. 2023-
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
SECTION 30-7 “OFFICIAL ZONING MAP” OF THE TOWN
CODE OF ORDINANCES TO UPDATE INFORMATION
PERTAINING TO THE DATE OF THE MOST
RECENT AMENDMENT TO TOWN’S OFFICIAL
ZONING MAP AS SET FORTH IN ORDINANCE NO.
2022-002; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY AND CODIFICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Official Zoning Map of the Town of Highland Beach was adopted in 1990
(Ordinance No. 594); and
WHEREAS, in January 2021, the Palm Beach County Property Appraiser advised Town
staff that three (3) parcels (Parcel control numbers 24-43-47-04-01-000-1131, 24-43-47-04-00-006-
0250, and 24-43-47-04-01-000-1128) located within the Boca Cove development had no zoning
district designation; and
WHEREAS, according to the Town Zoning Map, all of the parcels located within the Boca
Cove development, with the exception of the three (3) parcels noted above, are zoned Residential
Multiple Family Low Density (RML); and
WHEREAS, upon review of the Town Zoning Map adopted by Ordinance No. 594, the three
(3) parcels, noted above, were in fact located within the Residential Multiple Family Low Density
(RML) zoning district; however, this zoning district designation was not reflected on the current Town
Zoning Map; and
WHEREAS, the Town Zoning Map was in a different mapping format than the Town Zoning
Map adopted in 1990 (Ordinance No. 594) and the change in format may have contributed to the
unintentional scrivener’s error; and
WHEREAS, as a result of this unintentional scrivener’s error, the Town Commission
approved the rezoning of the three (3) parcels referenced above on January 18, 2022 (Ordinance No.
2022-002) from no zoning designation to the RML zoning district; and
WHEREAS, Section 30-7 of the Town of Ordinances provides for the adoption or
amendment date and other relevant information regarding the Town’s Official Zoning Map that needs
to be updated as set forth Ordinance No. 2022-002; and
Page 79
WHEREAS, the Town Commission wishes to update the amendment date and other relevant
information regarding the Town’s Official Zoning Map; and
WHEREAS, the Town Commission of the Town of Highland Beach has determined that the
amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA that:
SECTION 1. The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
SECTION 2. The Town of Highland Beach Code of Ordinances, is hereby amended by
amending Chapter 30 "Zoning Code,” Article I “General Provisions,” Section 30-7 “Official zoning
map” to read as follows (additional language underlined and deleted language stricken through):
Sec. 30-7. Official zoning map.
(a) Official zoning map. The official zoning map shall be adopted, and amended as
necessary, by the town commission. The map shall be signed by the mayor, whose signature shall be
attested by the town clerk. The map shall bear the official seal of the Town of Highland Beach. The
official zoning map of the Town of Highland Beach, last adopted or amended by Ordinance No. 2022-
002 594 on dated January 18, 2022 August 22, 1990, is hereby adopted by reference and without
change, and is made a part of this chapter.
***
SECTION 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5. Codification. Section 2 of the Ordinance shall be made a part of the Town
Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word
“ordinance” may be changed to “section,” “division,” or any other appropriate word.
Page 80
SECTION 6. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading and shall only apply prospectively.
The forgoing Ordinance was moved by ________________________________________, seconded
by ___________________________________ and upon being put to the vote, the vote was as
follows:
VOTES: YES NO
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Evalyn David ____ ____
Commissioner Donald Peters ____ ____
Commissioner Judith M. Goldberg ____ ____
PASSED on first reading at the Regular Commission meeting held on this _____ day of
___________, 2023.
The forgoing Ordinance was moved by ________________________________________, seconded
by ___________________________________ and upon being put to the vote, the vote was as
follows:
VOTES: YES NO
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Evalyn David ____ ____
Commissioner Donald Peters ____ ____
Commissioner Judith M. Goldberg ____ ____
PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on
the _____ day of ___________, 2023.
_________________________
Natasha Moore, Mayor
ATTEST:
REVIEWED FOR LEGAL SUFFICIENCY
______________________________ ______________________________
Lanelda Gaskins, MMC Glen Torcivia, Town Attorney
Town Clerk Town of Highland Beach
Page 81
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TOWN OF HIGHLAND BEACHOFFICIAL ZONING MAP
A T L A N T I C O C E A N
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B O C A R AT O N
D E L R AY B E A C H
TOWN COMMISSION
-----------------------------------------------BERNARD FEATHERMAN, Mayor
-----------------------------------------------WILLIAM WEITZ, PhD, Vice Mayor
-----------------------------------------------LOUIS P. STERN, Comm.
-----------------------------------------------CARL FELDMAN, Comm.
-----------------------------------------------RHODA ZELNIKER, Comm.
PLANNING BOARD
------------------------------------------------CAROL STERN, Chair
------------------------------------------------ILYNE MENDELSON, Vice Chair
-------------------------------------------------RONALD CLARK
-------------------------------------------------STEPHEN GOLDING
-------------------------------------------------HARVEY MART
-------------------------------------------------CHARLES SHANE
-------------------------------------------------WILLIAM SVENSTRUP
ATTESTATION
-----------------------------------------------VALERIE OAKES, Town Clerk
ADOPTED -----------------------------------------------
ORDINANCE NO---------------------------------------
THIS IS TO CERTIFY THAT THIS IS THE OFFICIAL ZONING MAP OF THE TOWN OF HIGHLAND BEACH AS ADOPTED BY ORDINANCE NO. 594, AND IS AN AMENDMENT OF THE OFFICIAL ZONING MAP REFFERED IN SECTION ONE OFORDINANCE NO. 503 OF THE TOWN OF HIGHLAND BEACH, FLORIDA.
SCALE
µ
0 500 1,000 1,500 2,000 2,500 3,000Feet
1 inch = 500 feet
Print Date: July 17, 2015
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----
PREVIOUS ZONING MAP
Page 86
File Attachments for Item:
C. Proposed Ordinance
An Ordinance of the Town Commission of the Town of Highland Beach, Florida,
Amending Section 4-8 “Lighting Restrictions for Protection of Sea Turtles” of Chapter 4,
“Animals,” and Section 30-85 “Coastal Lighting” of Chapter 30, “Zoning,” of the Town
Code of Ordinances to incorporate Lighting Regulations for new and existing coastal
structures in order to minimize the effect of artificial light on sea turtle populations;
providing for the repeal of all ordinances In conflict; providing for severability and
codification; and providing an effective date.
Page 87
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 5, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate
sea turtle protection lighting standards.
SUMMARY:
At the May 23, 2023 Town Commission meeting, the Commission considered a proposed
amendment to the Town Code of Ordinances that would incorporate more comprehensive
regulations for sea turtle protection lighting. Discussion from the Commission included the
following commentary which is noted in bold followed by a staff response in italics:
1. All new construction or the full replacement of existing windows, walls, railings, and
doors would require a 45% light transmittance value or less while the replacement of
individual windows, walls, railings and doors would not. Town staff has determined that
the inclusion above of “full replacement” of existing windows, etc., may be problematic given
permits for such replacements are often issued to individual unit owners rather than to one
entity (e.g. condominium HOA). The Building Department does not require a HOA approval
letter for such replacements and therefore having to determine and ultimately manage whether
individual permits are part of a “full replacement” or not, is not practical. Moreover, “full
replacement” is not defined and therefore if, for example, beachfront unit windows are to be
replaced but not beachfront accessory use windows (e.g. pool bathroom window or cabana
window, etc.) then would such work be considered a “full replacement” or not? That said, and
upon direction of the Town Manager, the 45% or less light transmittance requirement has been
revised to apply only to new construction. Section 4-8 (e)(5) of the proposed Ordinance has
been revised as follows (additions are denoted by a gray bolded double underline and
deletions are denoted by a gray bolded double strikethrough):
(5) All glass windows, walls, railings, and doors, or similar glass features on the
seaward and shore-perpendicular sides of any new construction shall use tinted
glass with an inside to outside light transmittance value of 45 percent or less.
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In addition, Section 4-8(j)(2) has been revised to require the following measures:
(2) Existing structures shall are encouraged to implement Take one or more of
the following suggested remedial measures to minimize interior light emanating
from doors and windows within line-of-sight of the beach:
a. Apply window tint or film that meets the light transmittance standards for tinted
glass;
b. Rearrange lamps, televisions, and other moveable fixtures away from
windows;
c. Use opaque shades or room darkening window treatments (e.g., blinds,
curtains, screens) to shield interior lights from the beach.
2. The reference to “nighttime” in Section 4-8(k) Special Events, Motor Vehicles, and
Temporary Lighting needs to be specific. Section 4-8(d) of the proposed Ordinance
references that no artificial light shall illuminate any area of the beach which may be used for
turtle nesting and hatching during the period from March 1 to October 31 of each year, from
“dusk to dawn.” Note that the latter regulation is currently in the Town Code under Section 4 -
8(c).
3. Reach out to Delray Sands to see if they have tinted windows and get their input. Staff
reached out to the General Manager of the Delray Sands, Derric Clark, and he was advised
that the windows on ocean facing rooms have tinting with a 44 percent light transmittance
value.
4. Provide a sample of tinted glass with a 45 percent light transmittance value. Staff
received a single sample of such tinted glass which will be provided at the Commission
meeting.
The following additional changes have been made to the Ordinance:
1. The definition of ‘New Construction’ has been revised as follows to remove the
reference to “alterations” given the 45 percent or less transmittance value is proposed
to be applicable to new construction only not alterations:
***
Section 4-8(b) New construction means all new construction of or additions and
alterations to buildings, pools, pavement, other structures, landscape areas or
lighting systems. The most protective lighting standards apply to new construction
visible from the beach.
***
2. The ‘applicability’ of the Ordinance has been revised to all beachfront properties and
all exterior lighting of properties located on the westside of State Road A1A as follows:
Section 4-8(c) Applicability. This section shall apply to all beachfront properties and to
all exterior lighting of properties located on the westside of State Road A1A within
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the Town that may produce artificial light directly, indirectly, or cumulatively visible from
any portion of the beach regardless of whether those properties are beachfront
properties. The provisions of this section are not intended to prevent the use of any
design, materials or method of installation or operation not specifically prescribed
herein, provided any such alternate has been approved . The Building Official may
approve any such proposed alternate provided it:
3. Minor formatting changes.
Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the
enactment of a proposed ordinance, the governing body of a municipality shall prepare or
cause to be prepared a Business Impact Estimate (BIE) (see attached). According to Section
166.041(4), Florida Statutes, the BIE is a good faith estimate of the number of businesses
likely to be impacted by the Ordinance and may not be construed to require a municipality to
procure an accountant or other financial consultant to prepare such BIE.
For reference purposes, a brief history on hearings held relatin g to the proposed sea turtle
lighting Ordinance are provided below:
October 18, 2022: Town Commission considers introduction to proposed Ordinance. A motion
was made to send the proposed Ordinance to the Natural Resources Preservation Advisory
Board (NRPAB) for review and to ask Gumbo Limbo, Florida Fish and Wildlife Conservation
Commission (FWC), and the Town’s marine turtle permit holder to give their expert advice
(motion carried 5-0). In addition, discussion among the Commission included adding examples
of colors that pertain to the definition of “long wavelength.”
February 1, 2023: NRPAB made a motion to recommend approval of the proposed Ordinance
with the following changes (motion carried 4-0):
Remove the word ‘televisions’ from Section 4 -8(j)(2)b. and add the following text to
Section 4-8(j)(2)c.:
Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens)
to shield interior lights, light emitting screens including televisions and computers
from the beach.
March 9, 2023: Planning Board made a motion to approve the Ordinance (motion carried 4 -
0).
April 4, 2023: Town Commission considers proposed Ordinance. Commission commentary
includes the following:
- Concern that proposed long wavelength lighting (e.g. amber, o range or red) may not
provide safety or security.
- Consider phasing period for proposed regulations.
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FISCAL IMPACT:
None
ATTACHMENTS:
Proposed Ordinance
Business Impact Estimate
Sea turtle protection lighting table, other municipalities
Town Commission Memorandum with attachments - April 4, 2023
Town Commission Memorandum with attachments - May 23, 2023
RECOMMENDATION:
At the discretion of the Town Commission.
Page 91
1
TOWN OF HIGHLAND BEACH
ORDINANCE NO
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, AMENDING SECTION 4-8 “LIGHTING
RESTRICTIONS FOR PROTECTION OF SEA TURTLES” OF
CHAPTER 4, “ANIMALS,” AND SECTION 30-85 “COASTAL
LIGHTING” OF CHAPTER 30, “ZONING,” OF THE TOWN
CODE OF ORDINANCES TO INCORPORATE LIGHTING
REGULATIONS FOR NEW AND EXISTING COASTAL
STRUCTURES IN ORDER TO MINIMIZE THE EFFECT OF
ARTIFICIAL LIGHT ON SEA TURTLE POPULATIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality
having such power and authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes; and
WHEREAS, the Town of Highland Beach recognizes that light pollution of beaches is a
serious threat to sea turtles inhabiting its beaches; and
WHEREAS, the Town of Highland Beach recognizes that nesting adult and hatchling
sea turtles are negatively affected by light pollution created by artificial light visible from any
portion of the beach; and
WHEREAS, the Town of Highland Beach recognizes that sea turtles are protected by
federal and state law; and
WHEREAS, the Town of Highland Beach recognizes that the quality of life of its
residents is enriched by a healthy sea turtle population; and
WHEREAS, the Town of Highland Beach desires to minimize the detrimental effects on
nesting sea turtle populations by implementing regulations that reduce the amount of artificial
light, intentionally or unintentionally visible from beaches, emanating from new or existing
residences;
WHEREAS, the Town Commission has determined that the amendment to the Code of
Ordinances is in the best interest of the Town of Highland Beach.
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2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF
THE TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing facts and recitations contained in the preamble to this Ordinance
are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2. The Town of Highland Beach Code of Ordinances is hereby amended by
amending Chapter 4 “Animals” to read as follows (deleting is stricken through and adding is
underlined):
Sec. 4-8. – Lighting restrictions for protection of sea turtles.
(a) Purpose and intent. The purpose of this section is to protect the threatened and endangered
sea turtles which nest along the beaches of the town from light sources that disrupt their
nesting and hatching. The intent is for the appropriate design and implementation of coastal
lighting to ensure that light pollution does not interfere with sea turtle nesting and hatching
events while at the same time protecting public safety.
(b) Definitions.
Artificial light means the light emanating from any human-made device.
The "Bbeach" means the zone of unconsolidated material that extends landward from the
mean low water line to the place where there is a marked change in material or
physiographic form or to the line of permanent vegetation.
Certified wildlife lighting means lighting fixtures and bulbs reviewed and approved with
conditions of use through the Florida Fish and Wildlife Conservation Commission’s
Wildlife Lighting Certification Process.
Cumulatively visible means light from numerous artificial light sources that as a group can
be seen by an observer standing anywhere on the beach.
Directly visible means when glowing element(s), lamp(s), globe(s), or reflector(s) of an
artificial light source can be seen by an observer standing anywhere on the beach.
Foot-Ccandle means the English unit for measuring illuminance; the a unit of
illumination equal to that given by a source of one candela at a distance of one foot
(equivalent to one lumen per square foot or 10.764 lux). uniform illumination of a
surface one foot away from a point source of one candela; one lumen per square foot;
equal to 10.76 lux.
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3
Frontal dune means the first natural or man-made mound or bluff of sand which is located
landward of the beach and which has sufficient vegetation, height, continuity, and
configuration to offer protective value.
Full cutoff means a lighting fixture constructed in such a manner that no light emitted by the
fixture, either directly from the lamp or a diffusing element or indirectly by reflection or
refraction from any part of the luminaire, is projected at or above 90 degrees as determined
by photometric test or certified by the fixture manufacturer.
Fully shielded means a lighting fixture constructed in such a manner that the glowing
elements, lamps, globes, or reflectors of the fixture are completely covered by an opaque
material to prevent them from being directly visible from the beach. Any structural part of
the light fixture providing this shielding must be permanently affixed.
Indirectly visible means light reflected from glowing element(s), lamp(s), globe(s), or
reflector(s) of an artificial light source that can be seen by an observer standing anywhere
on the beach without the light source being directly visible.
Long wavelength means a lamp or light source (which is amber, orange, or red) emitting
light wavelengths of 560 nanometers or greater and absent wavelengths below 560
nanometers.
New construction means all new construction of or additions and alterations to buildings,
pools, pavement, other structures, landscape areas or lighting systems. The most protective
lighting standards apply to new construction visible from the beach.
Non-egress Llighting means exterior lighting that is not being used to light a distinct route
or meet minimum requirements for emergency access to or from a building, including but
not limited to decorative lights (e.g. strobe lights, string lights, etc.), balcony lights,
landscape lights, and uplights.
Outdoor Aarea means any portion of a property that could have an artificial light source not
attached to a permanent structure, including but not limited to pathway lighting, landscape
lighting, pool lighting.
Sea Tturtle means any turtle, including all life stages from egg to adult, of these species:
Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Loggerhead (Caretta
caretta), Hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempii).
For the purposes of this ordinance, the term sea turtle is synonymous with marine turtle.
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Sea Tturtle Nnesting Hhabitat means all sandy beach and unvegetated or sparsely vegetated
dunes immediately adjacent to the sandy beach and accessible to nesting female turtles.
Temporary lighting means any non-permanent light source that may be hand-held or
portable including but not limited to tiki torches, lanterns, flashlights (including cell phone
flashlights and screens), candles, flash photography, etc.
Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light
transmittance value of 45 percent or less. Such transmittance is limited to the visible
spectrum (400 to 700 nanometers) and is measured as the percentage of light that is
transmitted through the glass.
(c) Applicability. This section shall apply to all beachfront properties and to all exterior
lighting of properties located on the westside of State Road A1A within the Town that
may produce artificial light directly, indirectly, or cumulatively visible from any portion of
the beach regardless of whether those properties are beachfront properties. The
provisions of this section are not intended to prevent the use of any design, materials or
method of installation or operation not specifically prescribed herein, provided any such
alternate has been approved. The Building Official may approve any such proposed
alternate provided it:
(1) Provides at least approximate equivalence to the applicable specific requirements of this
section, and;
(2) Is otherwise satisfactory or complies with the intent of this section, and;
(3) Has been designed or approved by a registered lighting or electrical engineer and is
supported by calculations showing that the design submitted meets that intent of the
section, and;
(4) Has been determined to meet requirements for Certified Wildlife Lighting and/or lights
that meet FWC’s Wildlife Lighting Guidelines, including long wavelength light sources
(without the use of filters), full cut-off, and fully shielded fixtures.
(dc) Lighting restrictions along beach. No artificial light shall illuminate any area of the beach
which may be used for turtle nesting and hatching during the period from March 1 to
October 31 of each year, from dusk to dawn.
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5
(e) Standards for exterior and interior lighting affixed to new structures, new construction and
improvements to existing structures that require a building permit.
(1) All lighting affixed to the exterior of new permanent structures, construction or new
additions shall be long wavelength, downward directed, full cutoff, fully shielded and
mounted as close to the ground or finished floor surface as possible.
(2) As an exception to (e)(1) above, non-egress lighting may be affixed to the landward
exterior of permanent structures provided that the fixtures are fitted with a long
wavelength source and are not directly, indirectly, or cumulatively visible from any
portion of the beach.
(3) Lighting at egress points shall be limited to the minimum number of fixtures and foot-
candles necessary to meet federal, state, and local safety requirements.
(4) Locations including but not limited to stairwells, elevators, parking garages, or
courtyards shall not produce light that is directly, indirectly, or cumulatively visible
from any portion of the beach. Light screens, shades or curtains shall be used to block
visibility of interior lights from the beach. Light screens shall be used on open or
enclosed staircases on the seaward or shore-perpendicular side of a building or for
parking garages to limit visibility of lights from the nesting beach.
(5) All glass windows, walls, railings, and doors, or similar glass features on the
seaward and shore-perpendicular sides of any new construction shall use tinted glass
with an inside to outside light transmittance value of 45 percent or less.
(6) Emergency lights are not subject to the above standards if on a separate circuit and
activated only during power outages or other situations in which emergency lighting is
necessary for public safety.
(f) Outdoor areas.
(1) All lighting of outdoor areas shall be long wavelength, downward directed, full
cutoff, fully shielded and mounted as close to the ground or finished floor surface as
possible.
(2) Lighting of paths, walks and routes of building access shall use low level fixtures
such as step, paver, path, recessed wall or bollard lights. Bollard lights are not to
exceed 42 inches in height and other low level fixtures are to meet the height
requirements of FWC’s Wildlife Lighting Guidelines. Fixtures shall be downward
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6
directed and utilize long wavelength lamps and beachside shields.
(3) As an exception to (f)(1) above, non-egress outdoor lighting may be installed
landward of buildings or other opaque structures provided that they are fitted with
long wavelength light sources and are not directly, indirectly, or cumulatively visible
from any portion of the beach.
(4) Internally or externally lighted signs shall not be located on the seaward and shore-
perpendicular sides of any structures, and shall not produce light that is directly,
indirectly, or cumulatively visible from any portion of the beach.
(5) Ponds and fountains on the seaward and shore-perpendicular sides of any structures
shall not produce light that is directly, indirectly, or cumulatively visible from any
portion of the beach.
(6) Fire pits located on the seaward and shore-perpendicular sides of any structure shall be
shielded with an opaque structure or partition, and positioned such that the flame is
not directly, indirectly, or cumulatively visible from any portion of the beach. Bonfires
and bonfire pits are prohibited within sea turtle nesting habitat during sea turtle nesting
season.
(7) Televisions or other illuminated screens shall be located landward of the dune and shall
be shielded or positioned such that they are not directly, indirectly, or cumulatively
visible from the beach.
(g) Parking areas and roadways
(1) All lighting of parking areas and roadways shall be long wavelength, downward
directed, full cutoff, fully shielded, and mounted to the minimum level required to
maintain compliance with federal, state and local law.
(2) Parking area and roadway lighting shall be shielded from the beach via vegetation,
natural features, or artificial structures rising from the ground. These shall prevent
artificial light sources, including but not limited to vehicular headlights, from producing
light that is directly, indirectly, or cumulatively visible from any portion of the beach.
(3) Lighting of roadways and parking areas shall produce no more lighting than the
minimum requirement as outlined by federal, state and local law.
(4) Lighting of parking areas and roadways shall consist of:
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7
a. Ground-level downward-directed fixtures, equipped with interior dark-colored, non-
reflective baffles or louvers, mounted either with a wall mount, on walls or piles,
facing away from the beach, or
b. Bollard-type fixtures, which do not extend more than 42 inches above the adjacent
floor or deck, measured from the bottom of fixture, equipped with downward-directed
louvers that completely hide the light source, and externally shielded on the side
facing the beach, or
c. Pole-mounted lights which shall only be used in parking areas and roadways when
mounting the lights at lower elevations cannot practicably comply with minimum light
levels set forth in applicable federal and state laws designed to protect public safety. If
required, pole-mounted lights shall be:
1. Located on the landward sides of buildings and shall not produce light that is
directly, indirectly, or cumulatively visible from any portion of the beach,
2. Mounted at the minimum height required to meet the minimum light level
requirement, and
3. Downward-directed onto non-reflective surfaces.
(5) Equipment/storage areas, and temporary security lights shall also adhere to the lighting
restrictions contained in this section.
(h) Pool aAreas.
(1) Lighting of pool decks, pool facilities, swimming pools, and spas shall be long
wavelength and fully shielded.
(2) Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the
minimum light levels set forth in applicable federal and state laws designed to protect
public safety.
(3) Above-water lighting of pool decks, pool facilities, swimming pools, and spas shall
otherwise adhere to the applicable requirements for acceptable light fixtures contained in
subsection (h)(1) and (2) above.
(4) Underwater lighting of pools or spa light shall:
a. Be mounted horizontally in the wall, and
b. Not produce light that is directly, indirectly, or cumulatively visible from any portion
of the beach, and
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8
c. Shall comply with minimum light levels set forth in applicable federal and state laws
designed to protect public safety.
(i) Beach aAccess pPoints and dDune wWalkovers.
(1) Lighting of beach access points shall be located and configured to only illuminate areas
landward of the beach and frontal dune. All lighting of beach access points shall be long
wavelength, downward directed, full cutoff and fully shielded and shall not be directly,
indirectly, or cumulatively visible from the beach.
(2) Lights are allowable on dune walkovers or elevated boardwalks only as required for
building code purposes and may only be installed landward of the frontal dune.
Walkover lighting shall not be directly, indirectly or cumulatively visible from the
beach.
(j) Existing eExterior lighting, and existing iInterior lLighting, and new exterior lighting of
properties located on the westside of State Road A1A. All existing exterior and interior
lighting shall be subject to the following regulations:
(1) Upon replacement and only if a building permit is required, the reduction Reduce
or elimination eliminate of the negative effects of existing exterior artificial lighting
shall be required through the use of the following measures:
a. Reposition, modify or remove existing lighting fixtures so that the point source of
light or any reflective surface of the light fixture is no longer directly, indirectly or
cumulatively visible from the beach;
b. Replace fixtures having an exposed light source with fully shielded fixtures;
c. Replace any light source, light bulb or lamp that is not long wavelength (e.g.
incandescent, fluorescent, or high intensity lighting) with the lowest wattage long
wavelength (e.g. LED or low pressure sodium) light source or lamp available for
the specific application;
d. Replace non-directional fixtures with directional fixtures that point down and away
from the beach;
e. Provide shields for fixtures visible from the beach when it is not practical to
immediately replace them. Beachside shields are to cover 270 degrees and extend
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9
below the bottom edge of the fixture on the seaward side so that the light source or
any reflective surface of the light fixture is not visible from the beach;
f. Replace pole lamps with low-profile, low-level luminaries so that the light source or
any reflective surface of the light fixture is not visible from the beach;
g. Plant or improve vegetation buffers between the light source and the beach to screen
light from the beach;
h. Construct a ground level barrier landward of the beach and frontal dune to shield
light sources from the beach. Ground-level barriers are to be considered a last resort
when no other remediation of the light source is feasible. Ground level barriers may
be subject to state coastal construction control line regulations under section
161.053, Florida Statutes, and must not interfere with sea turtle nesting or hatchling
emergence, or cause short- or long- term damage to the beach and dune system;
i. Permanently remove or permanently disable any fixture which cannot be brought into
compliance with the provisions of these standards.
(2) Existing structures shall are encouraged to implement Take one or more of the
following suggested remedial measures to minimize interior light emanating from doors
and windows within line-of-sight of the beach:
a. Apply window tint or film that meets the light transmittance standards for tinted glass;
b. Rearrange lamps, televisions, and other moveable fixtures away from windows;
c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains,
screens) to shield interior lights from the beach.
(k) Special eEvents, mMotor vVehicles, and tTemporary lLighting.
(1) Lighting associated with a special event that may directly, indirectly, or cumulatively be
visible from any portion of the beach shall not be authorized at nighttime during sea turtle
nesting season.
(2) The operation of all motorized vehicles as provided in section 5-4, shall be prohibited on the
beach at nighttime during sea turtle nesting season.
(3) Within sea turtle nesting season, temporary work zone lighting for roadway construction
and during declared emergencies shall be directed away from the beach to avoid
illumination of or direct visibility from the beach. Work zone luminaires shall be shielded to
avoid lighting areas outside of the immediate construction area.
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10
(4) All other temporary construction lighting shall be:
a. Inclusive of all the standards of this section, including using fixtures that are long
wavelength, downward directed, full cutoff, and fully shielded so light is not directly or
indirectly visible from the beach, and
b. Mounted less than eight feet above the adjacent floor or deck, measured from the bottom
of fixture, and
(5) Handheld and other portable temporary lighting shall not be directed toward or used in a
manner that disturbs sea turtles.
(ld) Enforcement, penalty. Anyone violating any provisions of this section shall be punished in
accordance with all provisions of this Code including but not limited to reference of the
violation to the code enforcement board.
Section 3. The Town of Highland Beach Code of Ordinances, is hereby amended by
amending Chapter 30 “Zoning,” Article V “Natural Resources,” Section 30-85 “Coastal lighting”
to read as follows (deleting is stricken through and adding is underlined):
Sec. 30-85. – Coastal Lighting
All lighting of all beachfront properties and all exterior lighting of properties located on the
westside of State Road A1A within the Town that may produce artificial light directly,
indirectly, or cumulatively visible from any portion of the beach, regardless of whether those
properties are beachfront properties, structures east of SR A1A shall comply with the "sea
turtle protection" lighting standards as provided in section 4-8 of this Code adopted by the town.
Section 4. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. Codification. Section 2 and Section 3 of the Ordinance may be made a part of
the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and
the word “ordinance” may be changed to “section,” “division,” or any other appropriate word.
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11
Section 7. Effective Date. This Ordinance shall be effective immediately upon adoption at
second reading.
The foregoing Ordinance was moved by __________________________________, seconded by
________________________________ and upon being put to the vote, the vote was as follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Evalyn David ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Don Peters ____ ____
PASSED on first reading at the Regular Commission meeting held on this _____ day of
_________________, 2023.
The foregoing Ordinance was moved by _________________________________, seconded by
________________________________ and upon being put to the vote, the vote was as follows:
AYE NAY
Mayor Natasha Moore ____ ____
Vice Mayor David Stern ____ ____
Commissioner Evelyn David ____ ____
Commissioner Judith Goldberg ____ ____
Commissioner Don Peters ____ ____
PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held
on this _____ day of _________________, 2023.
ATTEST:
By:
Lanelda Gaskins, MMC
Town Clerk
APPROVED AS TO FORM AND LEGALITY:
By: _________________________________
Glen J. Torcivia, Town Attorney
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1
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the Town’s website by the time notice of
the proposed ordinance is published.
Proposed ordinance’s title: AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, AMENDING SECTION 4-8 “LIGHTING RESTRICTIONS FOR PROTECTION
OF SEA TURTLES” OF CHAPTER 4, “ANIMALS,” AND SECTION 30-85 “COASTAL
LIGHTING” OF CHAPTER 30, “ZONING,” OF THE TOWN CODE OF ORDINANCES TO
INCORPORATE LIGHTING REGULATIONS FOR NEW AND EXISTING COASTAL
STRUCTURES IN ORDER TO MINIMIZE THE EFFECT OF ARTIFICIAL LIGHT ON SEA
TURTLE POPULATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING
AN EFFECTIVE DATE
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the Town is of the view
that a business impact estimate is not required by state law1 for the proposed Ordinance,
but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and
to avoid any procedural issues that could impact the enactment of the proposed
Ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding Community
Development Districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
1 See Section 166.041(4)(c), Florida Statutes.
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In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the Town hereby publishes the following
information:
1. Summary of the proposed ordinance including a statement of the public purpose
to be served, such as serving the public health, safety, morals and welfare of the
municipality: The Town of Highland Beach recognizes that nesting adult and hatchling sea
turtles are negatively affected by light pollution created by artificial light visible from any portion of
the beach. The Town desires to minimize the detrimental effects on nesting sea turtle populations
by implementing regulations that reduce the amount of artificial light, intentionally or
unintentionally visible from beaches, emanating from new or existing residences.
2. An estimate of the direct economic impact of the proposed ordinance on private,
for-profit businesses in the Town, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur
if the Ordinance is enacted;
(b) Identification of any new charge or fee on businesses, or for which businesses
will be financially responsible; and
(c) An estimate of the Town’s regulatory costs, including estimate of revenues from
any new charges or fees that will be imposed on businesses to cover such costs.
(a) For new construction, the increased cost of adding tinted glass would be approximately five
(5) percent of the cost of the window or door itself, not the total job cost. Using the Delray Sands
Resort as an example, the following estimated costs would apply:
-Estimated cost per window (48”x48”): $500.00
-Tinting cost: 5% of $500.00 = $25.00 per window
-Total windows facing the ocean: 50
-Total compliance cost: $25 x 50 = $1,250
For existing exterior lighting, the cost of replacing certain lighting fixtures with sea turtle friendly
shielded fixtures ranges from approximately $10.50 to $90.00 per fixture. The cost of adding a
sea turtle friendly shield to existing lighting fixtures ranges from approximately $9.46 to 16.00 per
shield. The cost of replacing certain non-long wavelength bulbs with a long wavelength bulb is
approximately $6.49 to 38.00 per bulb. Note that the replacement of other light fixtures such as
pole lamps with low profile sea turtle friendly lamps will vary in price depending on the aesthetic
and size of such light sources. Estimates for the latter start at approximately $200.00.
(b) There are no new charges or fees associated with this Ordinance aside from the costs relating
to tinted glass, the replacement of lighting fixtures and bulbs, and/or the addition of a sea turtle
friendly shields on an existing lighting fixtures.
(c) There are no new revenues from charges or fees on businesses expected.
3. Good faith estimate of the number of businesses likely to be impacted by the
proposed ordinance: The only business in the Town is the Delray Sands Resort which is
located on the eastside of State Road A1A (beachfront).
4. Additional information the governing body deems useful (if any):
Page 104
MUNICIPALITY1 SEA TURTLE PROTECTION LIGHTING REGULATIONS
PBC* New Construction: Window tinting (45% LTV or less) for all windows and doors within line of sight of the beach.
Existing Beachfront Lighting: Window treatment shall be required on all windows visible from the beach.
Blackout draperies or shade screens are preferred. Alternatively, or additionally, window tint may be applied to
beachfront windows.
Boca Raton New development, redevelopment and modification of existing development: Tinted or filmed glass (45%
LTV or less) shall be used in all windows visible from the beach including windows within doors. Shade screens
can be substituted for this requirement.
Existing development: Window treatments in all windows visible from the beach regardless of exposure are
required so that interior lights do not directly or indirectly illuminate the beach.
Fort Lauderdale New development: tinted glass (45% LTV or less) shall be installed on all windows and glass doors of single
and multi-story structures facing or within line-of-sight of the beach. Shade screens can be substituted for this
requirement.
Existing development: Window treatments shall be installed in windows and glass doors in rooms in single and
multi-story structures facing the beach so that lights are not visible from the beach or filming shall be installed on
the exterior of all such windows and glass doors, so that internal lights are not visible from the beach. Shade
screens can be substituted for this requirement.
*Delray Beach, Juno Beach, and Ocean Ridge have adopted by reference Palm Beach County’s Sea Turtle Protection Ordinance.
1Manalpan, Lake Worth Beach, Village of North Palm Beach (oceanfront area is conservation/open space), have no sea turtle lighting
regulations.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE May 23, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Proposed amendment to the Town Code of Ordinances to incorporate
sea turtle protection lighting standards.
SUMMARY:
At the April 4, 2023 Town Commission meeting, the Commission considered a proposed
amendment to the Town Code of Ordinances that would incorporate more comprehensive
standards for sea turtle protection lighting. Discussion from the Commission included the
commentary noted below in bold (staff response is in italics). The Commission asked that the
changes come back for review prior to another first read on the Ordinance.
- Concern that proposed long wavelength lighting (e.g. amber, orange or red) may not
provide safety or security. According to the Florida Fish and Wildlife Conservation
Commission (FWC), the three golden rules of beachfront lighting are as follows:
Keep it Low: Mount fixtures as low as possible but still appropriate for the needed purpose.
L Keep it Long: Lamp/bulb produces long wavelength light.
-0-- Keep it Shielded: Fixtures are downward-directed and able to shield the bulb or lamp from
the beach.
According to the FWC, lights that are needed for safety and security should not be turned off,
as this may cause a safety hazard. Instead, they should be modified to meet the rules noted
above including switching to amber, orange or red LED, adding shielding, and/or repositioning
the light to face downward. If a fixture cannot be sufficiently modified, it can be replaced with
a Certified Wildlife lighting fixture. Note that the proposed Ordinance reflects the rules noted
above and references Certified Wildlife Lighting which are fixtures and bulbs reviewed and
approved with conditions of use through the FWC.
-Consider phasing period for proposed regulations. The following revisions have been
made to the Ordinance (additions are denoted by a bolded double underline and deletions
are denoted by a bolded double strikethrough):
Section 4-8(e) Standards for exterior and interior lighting affixed to new structures, new
construction and improvements to existing structures that requires a building permit.
Page 253
(1) All lighting affixed to the exterior of new permanent structures, construction or additions
shall be long wavelength, downward directed, full cutoff, fully shielded and mount ed as close
to the ground or finished floor surface as possible.
(2) As an exception to (e)(1) above, non-egress lighting may be affixed to the landward exterior
of permanent structures provided that the fixtures are fitted with a long wavelength source an d
are not directly, indirectly, or cumulatively visible from any portion of the beach.
(3) Lighting at egress points shall be limited to the minimum number of fixtures and foot -
candles necessary to meet federal, state, and local safety requirements.
(4) Locations including but not limited to stairwells, elevators, parking garages, or courtyards
shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the
beach. Light screens, shades or curtains shall be used to blo ck visibility of interior lights from
the beach. Light screens shall be used on open or enclosed staircases on the seaward or
shore-perpendicular side of a building or for parking garages to limit visibility of lights from the
nesting beach.
(5) All glass windows, walls, railings and doors on the seaward and shore -perpendicular sides
of any new construction shall use tinted glass with an inside to outside light transmittance
value of 45 percent or less.
(6) Emergency lights are not subject to the above standards if on a separate circuit and
activated only during power outages or other situations in which emergency lighting is
necessary for public safety.
(j) Existing Exterior and Interior Lighting. All existing exterior and interior lighting shall be
subject to the following regulations:
(1) Upon replacement and only if a building permit is required, the reduction reduce
or elimination eliminate of the negative effects of existing exterior artificial lighting shall be
required through the use of the following measures:
a. Reposition, modify or remove existing lighting fixtures so that the point source of light or
any reflective surface of the light fixture is no longer directly, indirectly or cumulatively visible
from the beach;
b. Replace fixtures having an exposed light source with fully shielded fixtures;
c. Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent,
fluorescent, or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or
low pressure sodium) light source or lamp available for the specific application;
d. Replace non-directional fixtures with directional fixtures that point down and away from the
beach;
e. Provide shields for fixtures visible from the beach when it is not practical to immediately
replace them. Beachside shields are to cover 270 degrees and extend below the bottom edge
of the fixture on the seaward side so that the light source or any reflective surface of the light
fixture is not visible from the beach;
Page 254
f. Replace pole lamps with low-profile, low-level luminaries so that the light source or any
reflective surface of the light fixture is not visible from the beach;
g. Plant or improve vegetation buffers between the light source and the beach to screen light
from the beach;
h. Construct a ground level barrier landward of the beach and frontal dune to shield light
sources from the beach. Ground-level barriers are to be considered a last resort when no other
remediation of the light source is feasible. Ground level barriers may be subject to state coastal
construction control line regulations under section 161.053, Florida Statutes, and must not
interfere with sea turtle nesting or hatchling emergence, or cause short - or long- term damage
to the beach and dune system;
i. Permanently remove or permanently disable any fixture which cannot be brought into
compliance with the provisions of these standards.
(2) Existing structures are encouraged to implement Take or one more of the following
suggested remedial measures to minimize interior light emanating from doors and windows
within line-of-sight of the beach:
a. Apply window tint or film that meets the light transmittance standards for tinted glass;
b. Rearrange lamps, televisions, and other moveable fixtures away from windows;
c. Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens)
to shield interior lights from the beach.
Note that for clarity purposes, additional nonsubstantive formatting changes have been made
to the Ordinance which are also reflected in either a bolded double underline or strikethrough.
For reference purposes, staff has prepared a table that provides sea turtle lighting regulations
for existing exterior and interior lighting in both Palm Beach County (PBC) and Boca Raton
(see attached).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Proposed Ordinance.
Existing lighting table, other municipalities.
Town Commission Memorandum – April 4, 2023
RECOMMENDATION:
At the discretion of the Commission.
Page 255
MUNICIPALITY EXISTING
LIGHTING
EXISTING
INTERIOR LIGHTS
EXISTING EXTERIOR LIGHTS
PBC* Existing
beachfront
lighting causing
direct or indirect
illumination
shall be
adjusted or
corrected to
ensure that the
lighting does
not cause
illumination that
is directly or
indirectly visible
from the beach.
Window treatment
shall be required on
all windows visible
from the beach.
Blackout draperies or
shadescreens are
preferred.
Alternatively or
additionally, window
tint may be applied to
beachfront windows.
The turning out of all
unnecessary interior
lights during the
nesting season is
strongly encouraged.
Recommended corrective action that can be used to reduce or eliminate
the effects of exterior lighting:
-permanently remove the light fixture.
-disconnect the light fixture.
-reposition the light fixture so the point source is no longer visible from
the beach.
-replace light fixtures having an exposed light source with light fixtures
containing recessed light sources or shields.
-replace non-directional light fixtures with directional light fixtures
pointing down and away from the beach.
-replace light fixtures having translucent or transparent coverings with
light fixtures having opaque shields covering an arc of at least 180
degrees and extending an appropriate distance below the bottom edge
of the light fixture on seaward side so the light source is not visible from
the beach.
-replace pole lamps with low-profile, low-level luminaries so that the light
source is not visible from the beach.
-plant or improve vegetation buffers between the light source and the
beach to screen light form the beach.
-construct an ornamental structural barrier to shield light sources from
the beach; and
-modify the light fixture by adding a shield.
Boca Raton No artificial light
any area of the
incorporated
beaches of the
City.
Window treatments in
all windows visible
from the beach
regardless of
exposure are
required so that
interior lights do not
directly or indirectly
illuminate the beach.
Lights illuminating buildings or associated grounds for security or
recreational purposes shall be shielded or screened such that they are
not visible from the beach, or turned off between sunset to sunrise
during the period of March 1 to October 31 of each year.
*Delray Beach, Juno Beach, and Ocean Ridge have adopted by reference Palm Beach County’s Sea Turtle Protection Ordinance.
Page 256
File Attachments for Item:
A. Approval of Meeting Minutes
November 21, 2023 Town Commission Meeting Minutes
Page 257
TOWN OF HIGHLAND BEACH
TOWN TOWN COMMISSION MEETING
MINUTES
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN
BLVD., HIGHLAND BEACH, FL
Date: November 21, 2023
Time: 1:30 PM
1. CALL TO ORDER
Mayor Moore called the meeting to order at 1:30 P.M.
2. ROLL CALL
Commissioner Judith Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Glen Torcivia
Town Clerk Lanelda Gaskins
ABSENT
Vice Mayor David Stern
3. PLEDGE OF ALLEGIANCE
The Town Commission led the Pledge of Allegiance to the United States of America.
4. APPROVAL OF THE AGENDA
MOTION: David/Goldberg – Moved to approve the agenda as presented, which
passed unanimously 5 to 0.
5. PRESENTATIONS / PROCLAMATIONS
A. State of Education Report by School Board Member Erica Whitfield,
District 4 School District of Palm Beach County
Ms. Erica Whitfield presented the School District of Palm County State Legislative
Priorities report.
Page 258
Town Commission Meeting Minutes
Date: November 21, 2023 Page 2 of 5
B. Resolution No. 2023-033
A Resolution of the Town Commission of the Town of Highland Beach,
Florida, ratifying the selection, appointments, and term of office of
members of the Code Enforcement Board; and providing for an effective
date.
Mayor Moore read the title of Resolution No. 2023-033. Followed by the Town
Commission interviewing applicants David Kaufman and Michael Thorson
concerning their interest in serving on the Code Enforcement Board.
Mr. Kaufman and Mr. Thorson both spoke about their professional experiences
and interest in serving on the board.
There was a discussion about Mr. Thorson's interest in participating on the Board
of Adjustment and Appeals. The Town Clerk's Office will prepare and present a
resolution to the Town Commission at the next meeting.
MOTION: David/Goldberg – Moved to approve Resolution No. 2023-033
appointing David Kaufman to the Code Enforcement Board. The
motion passed unanimously 4 to 0.
6. PUBLIC COMMENTS
Mr. Karl Johanson of 2358 So. Ocean Blvd. (Byrd Beach subdivision) provided
comments about the 13 single-family waterfront residents interest to maintain the 25-
foot setback.
7. ANNOUNCEMENTS
Mayor Moore read the announcements as follows:
Board Vacancies
Board of Adjustment and Appeals Two (2) vacancies, for a three year-terms and
One (1) vacancy for an unexpired term ending
September 21, 2024
Planning Board One (1) vacancy for an unexpired term ending
May 4, 2024
Meetings and Events
November 23 - 24, 2023 Town Hall Closed in observance of
Thanksgiving
December 05, 2023 1:30 P.M. Town Commission Meeting
December 07, 2023 9:30 A.M. Financial Advisory Board Regular Meeting
Page 259
Town Commission Meeting Minutes
Date: November 21, 2023 Page 3 of 5
December 07, 2023 5:30 P.M. - 7:30 P.M. Mingle and Jingle Holiday Event at
St. Lucy Catholic Church
Board Action Report
None.
8. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
A. None.
9. CONSENT AGENDA (These are items that the Commission typically does not need
to discuss individually, and which are voted on as a group.) Public Comments will be
limited to three (3) minutes per speaker per item after Commission initial discussion.
A. Approval of Meeting Minutes
November 07, 2023 Town Commission Meeting Minutes
MOTION: David/Goldberg – Moved to approve the Consent Agenda
(November 7, 2023 Meeting Minutes) as presented, which passed
unanimously 4 to 0.
10. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Fire Rescue Implementation Update
Fire Chief Glenn Joseph provided an update on the construction of the new fire
rescue building, arrival of the Rescue 116 (emergency vehicle), painting of the
fire truck (December 1), and delivery of the fire truck (mid to late December or
early January). They are finalizing the job offers for the fire captains, backgrounds
and physicals are in progress for the firefighter applicants. The firefighter position
has been reopened and are accepting additional applications.
Fire Marshall Matt Welhaf will be scheduling building inspections with the
homeowner associations (HOAs) next week.
The Top Off Ceremony for the Fire Rescue Building is on December 6 at 12:30
P.M.
Town Manager Labadie provided an update on the State of Florida Joint
Legislative Auditing Committee (JLAC). He has assembled a legal team to
represent the Town concerning this matter, spoken with the town's forensic
auditor to ensure their work is closed out. Also, Town Attorney Torcivia has
drafted a letter to JLAC addressing the town's concerns with the process and
their findings.
Page 260
Town Commission Meeting Minutes
Date: November 21, 2023 Page 4 of 5
Town Manager Labadie spoke about the movement of fire rescue personnel
schedules concerning kelly days and 24/72 workdays. He and Finance Director
DiLena are working on a budget for the 24/72 workday option, and he will
schedule one on one appointments with each Commissioner to discuss the
numbers. Fire Chief Joseph also spoke about the 24/72 workdays options.
In addition, Town Manager Labadie spoke about concerns and cost to change
the color of the water tower to white . Kaufman Lynn Construction will provide
renderings of the building in the white color with beige trimming, and he will be
sharing the renderings with the Town Commission.
There was a brief conversation about the color selection pertaining to the town
entry signage.
B. Florida Department of Transportation (FDOT) RRR Project Update
Town Manager Labadie had no updates on this project.
Commissioner Peter attended the Beach Association meeting last week and
spoke about that meeting as it relates to Boca Raton transition to marked bi ke
lanes.
C. Continued discussion of Milani Park
Town Manager Labadie is assembling a professional team of experts such as
lobbyist consulting groups, and an archaeologist who would be best for the Town
to address the matters pertaining to the Milani Park property. He mentioned that
the historical documents pertaining to Milani Park is accessible on the Town’s
website.
He will schedule one on one meetings with each Commissioner.
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Approve and authorize Town staff to purchase the Bauer Model L13 -E3
Breathing Air Station from Compressed Air Supplies & Equipment, Inc. in
the amount of $52,805.83 for the Fire Rescue Department (piggyback
NPPGov contract #PS20095).
Fire Chief Joseph presented this item.
MOTION: David/Goldberg - Moved to approve the purchase of the Bauer Model
L13-E3 Breathing Air in the amount of $52,805.00 for the Fire
Rescue Department. The motion passed unanimously 4 to 0.
Page 261
Town Commission Meeting Minutes
Date: November 21, 2023 Page 5 of 5
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked those who attended the meeting and
wished everyone a happy Thanksgiving.
Commissioner Donald Peters also thanked and wished everyone a happy
Thanksgiving.
Commissioner Evalyn David wished everyone a happy and healthy Thanksgiving.
Mayor Natasha Moore wished everyone a happy Thanksgiving.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia wished everyone a happy Thanksgiving.
14. TOWN MANAGER’S REPORT
Town Manager Labadie also wished everyone a happy Thanksgiving.
15. ADJOURNMENT
The meeting adjourned at 3:27 P.M.
APPROVED: December 05, 2023 Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Lanelda Gaskins
12/05/2023
Lanelda Gaskins, MMC
Town Clerk
Date
Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes
are transcribed as a brief summary reflecting the events of this meeting. Verbatim
audio/video recordings are permanent records and are available on the Town’s Media
Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/.
Page 262
File Attachments for Item:
E. Consideration of Proposed Amendment No.5 to Tower Siting Lease Agreement
between the Town of Highland Beach and Sprint/T-Mobile.
Page 263
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 5, 2023
SUBMITTED BY: Terisha Cuebas, Town Manager’s Office
SUBJECT: Consideration of Proposed Amendment No.5 to Tower Siting Lease
Agreement between the Town of Highland Beach and Sprint/T-Mobile
SUMMARY:
History: In 1998, the Town Commission, entered into a lease agreement with Sprint to allow
the install of mobile antennas on the Elevated Water Storage Tank. The terms of the
agreement included but were not limited to the Town receiving a monthly rent payment and
3% increase in rent each year as well as Sprint is responsible to pay the electricity fees
associated with powering the equipment. The lease has been renewed multiple times, over
the years, which included amendments to the original agreement to accommodate an increase
in rental fees to the Town based on improvements and modifications to the equipment a nd
included an extension on the term of the lease.
Sprint, which has now been acquired by T -Mobile, has expressed the interest in renewing the
current lease with the below terms:
Terms: Automatically extend the lease for 5 years, at the expiration of the current term,
and successive five (5) year terms.
Rent: Sprint shall pay the Town Four Thousand Seven Hundred Eighty-Three and
62/100 Dollars ($4,783.62) per month as Rent.
o The current rent is $3,718.00/month
Annual increase: The rent will escalate by 3% on December 14, 2024, and each
anniversary thereafter.
It is important to note, the Town Manager’s office successfully negotiated the rent price, as the
original proposal from T-Mobile did not reflect an increase in rent. The negotiated price was
based on the current rent agreements in place between T -Mobile and neighboring
municipalities.
At the August 1, 2023 Town Commission meeting, during the initial review of the proposed
amendment, the Commission expressed the desire for the Town to have reciprocal non
renewal terms, similar to those provided to Sprint/T -Mobile. The Town Attorney has
successfully negotiated renewal terms, that are as follows:
Page 264
Sprint may elect not to renew by providing the Town at least ninety (90) days' written
notice prior to the expiration of the then current five year Renewal Term.
The Town may elect not to renew at any time by providing Sprint at least twenty -four
months’ prior written notice.
FISCAL IMPACT:
Revenue funds for current lease agreement are included in the FY 202 3-2024 budget.
ATTACHMENTS:
Proposed Amendment No. 5 To Tower Siting Lease Agreement (Redlined Version)
Proposed Amendment No. 5 To Tower Sitting Lease Agreement (Clean Version)
RECOMMENDATION:
Commission approval of Amendment No.5.
Page 265
1
TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
AMENDMENT NO. 5 TO TOWER SITING LEASE AGREEMENT
This Amendment No. 5 to Tower Siting Lease Agreement (the “FifthAmendment”) is
effective as of the last signature below (the “Effective Date”), by and between the Town of
Highland Beach, a Florida municipal corporation (“Town”), and Sprint Spectrum Realty Company,
LLC (formerly a limited partnership), a Delaware limited liability company, successor in interest
to Sprint Spectrum L.P. (“Sprint”) (each a “Party”, or collectively, the “Parties”).
Town and Sprint (or their predecessors-in-interest) entered into that certain Tower Siting
Lease Agreement dated December 14, 1998, including that certain First Amendment to Tower
Siting Lease Agreement dated May 8, 2006, further amended by Amendment No. 2 to Tower
Siting Lease Agreement dated March 5, 2013, further amended by Amendment No. 3 to Tower
Siting Lease Agreement dated September 6, 2016, and further amended by Amendment No. 4 to
Tower Siting Lease Agreement dated July 5, 2017 (including all amendments, collectively, the
“Agreement” aka “Lease”) regarding the leased premises (“Premises”) located at 3614 South
Ocean Blvd. Highland Beach, FL 33487 (the “Property”).
For good and valuable consideration, Town and Sprint agree as follows:
1. Terms and Renewals: On December 14, 2023, the term of the Lease will automatically
renew for one (1) five (5) year term. Thereafter the Lease shall automatically renew for
four (4) additional and successiveterms of five (5) years each. Each five (5) year term is a
“Renewal Term”. Sprint may elect not to renew by providing the Town at least ninety (90)
days' written notice prior to the expiration of the then current five year Renewal Term.
The Town may elect not to renew at any time by providing Sprint at least twenty-four
months’ prior written notice.
2. Lease Amount: At the commencement of the first Renewal Term on December 14, 2023,
Sprint shall pay Town Four Thousand Seven Hundred Eighty-Three and 62/100 Dollars
($4,783.62) per month as Rent, partial calendar month to be prorated in advance, by the
fifth (5th) day of each calendar month. Thereafter, notwithstanding anything to the
contrary in the Lease, the Rent will escalate by 3% on December 14, 2024, and each
anniversary thereafter. Where duplicate Rent would occur, a credit shall be taken by
Sprint for any prepayment of duplicate Rent by Sprint.
3. Improvements and Changes: Subject to the prior written consent by the Town, Sprint
may, at its expense, complete upgrades and additions to the Antenna Facilities on the
Premises in compliance with required permits, unless such upgrades and additions result
in any expense to the Town. The Town, in its discretion, may negotiate with Sprint
regarding such expenses and allow the changes. Sprint shall provide the Town 120 days
prior written notice of such upgrades and additions, and shall cooperate with the Town
in scheduling and implementing the same. Town may withdraw its consent if Sprint fails
to comply with all applicable laws, ordinances, rules, regulations and this Agreement. If
the Town finds, in its sole discretion, that such upgrades or additions are not in the best
Page 266
2
TMO / Sprint Site ID: MI13XC134 10/31/2022
TMO / Sprint Lease ID: 1542559 T-Mobile Internal
interests of the Town, it may withhold its consent and provide Sprint with an explanation
of such denial in writing.
4. Relocation: If Town desires to no longer utilize the Tower for any reason, redevelop,
modify, remodel, alter the Property or make any improvements thereon (collectively,
"Redevelopment") and the Town, after consulting with Sprint, finds that the
Redevelopment necessitates relocation of Antenna Facilities, then: (i) Town may require
Sprint to relocate Antenna Facilities ; (ii) Town shall give Sprint not less than twelve (12)
months' written notice prior to relocation; (iii) both Parties shall agree upon a suitable
area for the relocation; (iv) all costs and expenses associated with or arising out of the
relocation, including approval and permitting costs, shall be paid by Sprint; (v) the
relocation shall be performed exclusively by Sprint or its agents; (vi) the relocation shall
not unreasonably limit or interfere with Sprint's Antenna Facility on the Premises; (vii) the
relocation shall not result in any unreasonable interruption, impairment, or alteration of
the communications services or quality thereof provided from the Antenna Facilities; and
(viii) if the Parties cannot agree upon a suitable area for relocation, then Sprint may
terminate the Lease in its reasonable judgment upon written notice to Town, without
penalty or further obligation except as otherwise set forth in the Lease, including but not
limited to Sprint’s obligation to remove its equipment and improvements. Further, any
termination of this Lease shall not affect any rights, obligations, and liabilities of the
parties arising out of the transactions which occurred prior to termination.
5. Notices: All notices, requests, demands and other communications shall be in writing and
shall be deemed to have been delivered upon receipt or refusal to accept delivery, and
are effective only when deposited into the U.S. certified mail, return receipt requested,
or when sent via a nationally recognized courier to the addresses set forth below. Town
or Sprint may from time to time designate any other address for this purpose by providing
written notice to the other Party.
If to Sprint:
Sprint Property Services
Sprint Site ID: MI13XC134
Mailstop KSOPHD0101-Z2650
6220 Sprint Parkway
Overland Park, Kansas 66251-2650
If to Town:
Town of Highland Beach
3614 South Ocean Blvd
Town of Highland Beach, FL 33487
With a copy to:
Sprint Law Department
Sprint Site ID: MI13XC134
Attn.: Real Estate Attorney
Mailstop KSOPHD0101-Z2020
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6220 Sprint Parkway
Overland Park, Kansas 66251-2020
6. Sprint and Town will reasonably cooperate with each other's requests to process permit
applications and other documents related to the Property in accordance with all applicable
ordinances, laws, rules, regulations, and permit requirements.
Sprint
7. Waiver of Charges: Any charges payable under the Lease other than Rent shall be billed
by Town to Sprint within twelve (12) months from the date in which the charges were
incurred or due; otherwise, the same shall be deemed time-barred and be forever waived
and released by Town.
8. Entire Lease: Except as expressly set forth in this Fifth Amendment, the Lease (as
previously amended) otherwise is unmodified. To the extent any provision contained in
this Fifth Amendment conflicts with the terms of the Lease, the terms and provisions of
this Fifth Amendment shall control. Each reference in the Lease to itself shall be deemed
also to refer to this Fifth Amendment.
9. Counterparts: This Fifth Amendment may be executed in duplicate counterparts, each of
which will be deemed an original. Signed electronic, scanned, or facsimile copies of this
this Fifth Amendment will legally bind the Parties to the same extent as originals.
10. Authority: Each of the Parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this Fifth
Amendment. Town represents and warrants to Sprint that the consent or approval of a
third party has either been obtained or is not required with respect to the execution of
Fifth Amendment. If Town is represented by any property manager, broker or any other
leasing agent (“Agent”), then (a) Town is solely is responsible for all commission, fees or
other payment to Agent and (b) Town shall not impose any fees on Sprint to compensate
or reimburse Town for the use of Agent, including any such commissions, fees or other
payments arising from negotiating or entering into this Fifth Amendment or any future
amendment.
11. Binding Agreement: This Fifth Amendment will be binding on and inure to the benefit of
the Parties herein, their heirs, executors, administrators, successors-in-interest and
assigns.
12. Sovereign Immunity: Nothing contained in this Lease shall be construed or interpreted
as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the
waiver provided in Section 768.28, Florida Statutes, as amended from time to times. The
provisions and limitations set forth in Section 768.28 shall apply to this Lease to claims
and actions arising in tort and to claims and actions arising in contract.
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13. Survival: Any provision of the Lease which is of a continuing nature or imposes an
obligation which extends beyond the term of the Lease shall survive its expiration or
earlier termination.
14. Waiver: Failure of a party to enforce or exercise any of its rights under this Lease shall not
be deemed a waiver of that party’s right to enforce or exercise said rights at any time
thereafter.
15. Venue, Remedies, Waiver of Jury Trial: Any and all legal action, including mediation,
necessary to enforce the Lease will be held in Palm Beach County, Florida. No remedy
conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy
given under the Lease or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof. EACH PARTY ALSO
AGREES TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY FOR ANY AND ALL DISPUTES
OR CLAIMS WHICH MAY BE RELATED TO OR ARISE OF OUT OF THE LEASE.
16. Attorneys’ Fees: In the event either party must institute legal action to enforce any of
the terms of this Agreement, each party shall be responsible for its own attorneys’ fees.
IN WITNESS, the Parties execute this Fifth Amendment as of the Effective Date.
Town:
Town of Highland Beach, a Florida municipal
corporation
By:
Print Name:
Title:
Date:
Sprint:
Sprint Spectrum Realty Company, LLC, a
Delaware limited liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
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AMENDMENT NO. 5 TO TOWER SITING LEASE AGREEMENT
This Amendment No. 5 to Tower Siting Lease Agreement (the “FifthAmendment”) is
effective as of the last signature below (the “Effective Date”), by and between the Town of
Highland Beach, a Florida municipal corporation (“Town”), and Sprint Spectrum Realty Company,
LLC (formerly a limited partnership), a Delaware limited liability company, successor in interest
to Sprint Spectrum L.P. (“Sprint”) (each a “Party”, or collectively, the “Parties”).
Town and Sprint (or their predecessors-in-interest) entered into that certain Tower Siting
Lease Agreement dated December 14, 1998, including that certain First Amendment to Tower
Siting Lease Agreement dated May 8, 2006, further amended by Amendment No. 2 to Tower
Siting Lease Agreement dated March 5, 2013, further amended by Amendment No. 3 to Tower
Siting Lease Agreement dated September 6, 2016, and further amended by Amendment No. 4 to
Tower Siting Lease Agreement dated July 5, 2017 (including all amendments, collectively, the
“Agreement” aka “Lease”) regarding the leased premises (“Premises”) located at 3614 South
Ocean Blvd. Highland Beach, FL 33487 (the “Property”).
For good and valuable consideration, Town and Sprint agree as follows:
1. Terms and Renewals: On December 14, 2023, the term of the Lease will automatically
renew for one (1) five (5) year term. Thereafter the Lease shall automatically renew for
four (4) additional and successive terms of five (5) years each. Each five (5) year term is a
“Renewal Term”. Sprint may elect not to renew by providing the Town at least ninety (90)
days' written notice prior to the expiration of the then current five year Renewal Term.
The Town may elect not to renew at any time by providing Sprint at least twenty -four
months’ prior written notice.
2. Lease Amount: At the commencement of the first Renewal Term on December 14, 2023,
Sprint shall pay Town Four Thousand Seven Hundred Eighty-Three and 62/100 Dollars
($4,783.62) per month as Rent, partial calendar month to be prorated in advance, by the
fifth (5th) day of each calendar month. Thereafter, notwithstanding anything to the
contrary in the Lease, the Rent will escalate by 3% on December 14, 2024, and each
anniversary thereafter. Where duplicate Rent would occur, a credit shall be taken by
Sprint for any prepayment of duplicate Rent by Sprint.
3. Improvements and Changes: Subject to the prior written consent by the Town, Sprint
may, at its expense, complete upgrades and additions to the Antenna Facilities on the
Premises in compliance with required permits, unless such upgrades and additions result
in any expense to the Town. The Town, in its discretion, may negotiate with Sprint
regarding such expenses and allow the changes. Sprint shall provide the Town 120 days
prior written notice of such upgrades and additions, and shall cooperate with the Town
in scheduling and implementing the same. Town may withdraw its consent if Sprint fails
to comply with all applicable laws, ordinances, rules, regulations and this Agreement. If
the Town finds, in its sole discretion, that such upg rades or additions are not in the best
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interests of the Town, it may withhold its consent and provide Sprint with an explanation
of such denial in writing.
4. Relocation: If Town desires to no longer utilize the Tower for any reason, redevelop,
modify, remodel, alter the Property or make any improvements thereon (collectively,
"Redevelopment") and the Town, after consulting with Sprint, finds that the
Redevelopment necessitates relocation of Antenna Facilities, then: (i) Town may require
Sprint to relocate Antenna Facilities ; (ii) Town shall give Sprint not less than twelve (12)
months' written notice prior to relocation; (iii) both Parties shall agree upon a suitable
area for the relocation; (iv) all costs and expenses associated with or arising out of the
relocation, including approval and permitting costs, shall be paid by Sprint; (v) the
relocation shall be performed exclusively by Sprint or its agents; (vi) the relocation shall
not unreasonably limit or interfere with Sprint's Antenna Facility on the Premises; (vii) the
relocation shall not result in any unreasonable interruption, impairment, or alteration of
the communications services or quality thereof provided from the Antenna Facilities; and
(viii) if the Parties cannot agree upon a suitable area for relocation, then Sprint may
terminate the Lease in its reasonable judgment upon written notice to Town, without
penalty or further obligation except as otherwise set forth in the Lease, including but not
limited to Sprint’s obligation to remove its equipment and improvements. Further, any
termination of this Lease shall not affect any rights, obligations, and liabilities of the
parties arising out of the transactions which occurred prior to termination.
5. Notices: All notices, requests, demands and other communications shall be in writing and
shall be deemed to have been delivered upon receipt or refusal to accept delivery, and
are effective only when deposited into the U.S. certified mail, return receipt requested,
or when sent via a nationally recognized courier to the addresses set forth below. Town
or Sprint may from time to time designate any other address for this purpose by providing
written notice to the other Party.
If to Sprint:
Sprint Property Services
Sprint Site ID: MI13XC134
Mailstop KSOPHD0101-Z2650
6220 Sprint Parkway
Overland Park, Kansas 66251-2650
If to Town:
Town of Highland Beach
3614 South Ocean Blvd
Town of Highland Beach, FL 33487
With a copy to:
Sprint Law Department
Sprint Site ID: MI13XC134
Attn.: Real Estate Attorney
Mailstop KSOPHD0101-Z2020
6220 Sprint Parkway
Overland Park, Kansas 66251-2020
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6. Sprint and Town will reasonably cooperate with each other's requests to process permit
applications and other documents related to the Property in accordance with all applicable
ordinances, laws, rules, regulations, and permit requirements.
7. Waiver of Charges: Any charges payable under the Lease other than Rent shall be billed
by Town to Sprint within twelve (12) months from the date in which the charges were
incurred or due; otherwise, the same shall be deemed time-barred and be forever waived
and released by Town.
8. Entire Lease: Except as expressly set forth in this Fifth Amendment, the Lease (as
previously amended) otherwise is unmodified. To the extent any provision contained in
this Fifth Amendment conflicts with the terms of the Lease, the terms and provisions of
this Fifth Amendment shall control. Each reference in the Lease to itself shall be deemed
also to refer to this Fifth Amendment.
9. Counterparts: This Fifth Amendment may be executed in duplicate counterparts, each of
which will be deemed an original. Signed electronic, scanned, or facsimile copies of this
this Fifth Amendment will legally bind the Parties to the same extent as originals.
10. Authority: Each of the Parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this Fifth
Amendment. Town represents and warrants to Sprint that the consent or approval of a
third party has either been obtained or is not required with respect to the execution of
Fifth Amendment. If Town is represented by any property manager, broker or any other
leasing agent (“Agent”), then (a) Town is solely is responsible for all commission, fees or
other payment to Agent and (b) Town shall not impose any fees on Sprint to compensate
or reimburse Town for the use of Agent, including any such commissions, fees or other
payments arising from negotiating or entering into this Fifth Amendment or any future
amendment.
11. Binding Agreement: This Fifth Amendment will be binding on and inure to the benefit of
the Parties herein, their heirs, executors, administrators, successors-in-interest and
assigns.
12. Sovereign Immunity: Nothing contained in this Lease shall be construed or interpreted
as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the
waiver provided in Section 768.28, Florida Statutes, as amended from time to times. The
provisions and limitations set forth in Section 768.28 shall apply to this Lease to claims
and actions arising in tort and to claims and actions arising in contract.
13. Survival: Any provision of the Lease which is of a continuing nature or imposes an
obligation which extends beyond the term of the Lease shall survive its expiration or
earlier termination.
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14. Waiver: Failure of a party to enforce or exercise any of its rights under this Lease shall not
be deemed a waiver of that party’s right to enforce or exercise said rights at any time
thereafter.
15. Venue, Remedies, Waiver of Jury Trial: Any and all legal action, including mediation,
necessary to enforce the Lease will be held in Palm Beach County, Florida. No remedy
conferred upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy
given under the Lease or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exerc ise thereof. EACH PARTY ALSO
AGREES TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY FOR ANY AND ALL DISPUTES
OR CLAIMS WHICH MAY BE RELATED TO OR ARISE OF OUT OF THE LEASE.
16. Attorneys’ Fees: In the event either party must institute legal action to enforce any of
the terms of this Agreement, each party shall be responsible for its own attorneys’ fees.
IN WITNESS, the Parties execute this Fifth Amendment as of the Effective Date.
Town:
Town of Highland Beach, a Florida municipal
corporation
By:
Print Name:
Title:
Date:
Sprint:
Sprint Spectrum Realty Company, LLC, a
Delaware limited liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
Page 273
File Attachments for Item:
A. Consideration of the Town Commission proposed meeting schedule for the 2024
calendar year.
Page 274
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE 12/05/2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Town Commission Proposed Meeting Schedule for Calendar Yr. 2024
SUMMARY:
Consideration of the Town Commission Proposed Meeting Schedule for the 2024 calendar
year.
The Town's Code of Ordinance addresses the Commission meeting schedule. According to
Sec., 2-28 – Rules of Procedures, Rule No. 1, the Town Commission shall meet and hold
monthly meetings on the first Tuesday of each month at 1:30 P.M., except for when the
meeting falls on a legal, town observed holiday then such meeting will be held on the next
secular day.
Additionally, the third Tuesday of each month is reserved for Commission meetings. These
meetings commence at 1:30 P.M. and may be canceled due to lack of business (agenda
items).
Town staff is requesting the direction of the Town Commission regarding canceling or
changing the below meeting dates:
January 2, 2024 because of the New Year holiday. January 16 is the suggested date.
March 19, 2024 - Presidential Preference Primary (PPP) and Municipal Election. March
26 is the suggested date.
August 20, 2024 - Primary Election. August 22 is the suggested date.
November 5, 2024 - General Election. November 19 is the suggested date.
At the October 3, 2023 meeting, Town Commission approved a contract to allow the Palm
Beach County Supervisor of Elections to use the Library Community room as a polling location
on March 19, August 20, and November 5.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Town Commission Proposed Meeting Schedule for Calendar Year 2024.
Page 275
RECOMMENDATION:
Town Commission discretion.
Page 276
Town Commission Proposed Meeting Schedule
for Calendar Year 2024
Dates Meeting Type
Tuesday January 2, 2024 Commission Meeting.
Tuesday, January 16, 2024 Commission Meeting
Tuesday February 6, 2024 Commission Meeting
Tuesday February 20, 2024 Commission Meeting
Tuesday March 5, 2024 Commission Meeting
Tuesday March 19, 2024
(Cancelled)
Presidential Preference Primary and
Municipal General Election Day
Town Closed
Tuesday March 26, 2024
(Tentative)
Special Meeting/Swearing-in
Ceremony
Tuesday April 2, 2024 Commission Meeting
Tuesday April 16, 2024 Commission Meeting
Tuesday May 7, 2024 Commission Meeting
Tuesday May 21, 2024 Commission Meeting
Tuesday June 4, 2024 Commission Meeting
Tuesday June 18, 2024 Commission Meeting
Tuesday July 2, 2024 Commission Meeting
Tuesday July 16, 2024 Commission Meeting
Tuesday August 6, 2024 Commission Meeting
Tuesday August 20, 2024
(Cancelled)
Primary Election Day
Town Closed
Page 277
Florida League of Cities Annual Conference – August 15-17, 2024
Diplomat Beach Resort, Hollywood, Florida
Dates Meeting Type
Thursday August 22, 2023
(Suggested Date)
Commission Meeting
Tuesday September 3, 2024 Commission Meeting
TBD
Special First Public Hearing
Budget Meeting
Tuesday September 17, 2024 Commission Meeting
TBD Special Second Public Hearing
Budget Meeting
Tuesday October 1, 2024 Commission Meeting
Tuesday October 15, 2024 Commission Meeting
Tuesday November 5, 2024
(Cancelled)
General Election Day
Town Closed
Tuesday November 19, 2024 Commission Meeting
Tuesday December 3, 2024 Commission Meeting
Tuesday December 17, 2024 Commission Meeting
Please note the following:
The Town Manager will schedule additional Commission meeting s early next year to
discuss and present the fiscal year 2025 budget.
Dates for the two Special Public Hearing Budget meetings in September will be
determined when Palm Beach County and the School Board set their budget hearing
meeting dates. The meetings will be held at 5:01 P.M.
Town Commission meetings held on the first Tuesday of each month requires
Commission approval to cancel or modify. Meeting dates are subject to change.
Page 278
File Attachments for Item:
B. Consideration to approve and authorize the Mayor to execute the 2024 Municipal
Election(s) Vote Processing Equipment Use and Elections Services Agreement with the
Palm Beach County Supervisor of Elections (SOE) Office for the Town ’s Municipal
General Election on Tuesday, March 19, 2024.
Page 279
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE 112/05/2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: 2024 Municipal Election(s) Voting Processing Equipment Use and
Elections Services Agreement
SUMMARY:
Consideration to approve and authorize the Mayor to execute the 2024 Municipal Election(s)
Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach
County Supervisor of Elections (SOE) Office for the Town’s Municipal General Election on
Tuesday, March 19, 2024.
The responsibilities of the Palm Beach County Supervisor of Elections Office and the Town
(Town Clerk/Qualifying Officer) are set forth in the attached agreement.
FISCAL IMPACT:
$10,000
ATTACHMENTS:
2024 Municipal Election(s) Vote Processing Equipment Use and Elections Services
Agreement along with Exhibits
RECOMMENDATION:
Staff recommends Commission approval of the 2024 Municipal Election(s) Vote Processing
Equipment Use and Elections Services Agreement for March 19, 2023, Municipal General
Election.
Page 280
2024 MUNICIPAL ELECTION(S)
VOTE PROCESSING EQUIPMENT USE
AND ELECTIONS SERVICES AGREEMENT
This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to
as the “Agreement”) is hereby entered into by and between the Palm Beach County Supervisor
of Elections Office (hereinafter referred to as “SOE”) and _____________________, Florida
(hereinafter referred to as “MUNICIPALITY”).
WITNESSETH:
WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified
vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with
the responsibility for custody and maintenance of said equipment; and,
WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an
election that requires the use of vote processing equipment to count ballots; and,
WHEREAS, all vote processing equipment requires specially trained and knowledgeable
individuals to program, operate and maintain said equipment; and,
WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to
provide any necessary terms and conditions for the use of such voting equipment; and,
WHEREAS, SOE can provide the necessary personnel to program, operate and maintain said
equipment; and,
WHEREAS, MUNICIPALITY hereby acknowledges full responsibility for all applicable
requirements under the Florida Election Code and any provision of MUNICIPALITY’S Charter
or municipal ordinances which may not be addressed or included in this Agreement.
NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and
conditions stated herein, SOE and MUNICIPALITY agree as follows:
ARTICLE 1 – RECITALS
The above recitals are true and correct and incorporated herein.
ARTICLE 2 – AGREEMENT
SOE shall provide MUNICIPALITY such necessary vote processing equipment and election
services according to the terms and conditions stated in this Agreement, for the purposes of
conducting a Uniform Municipal Election during calendar year 2024, and a Run-Off Election, if
necessary, along with the necessary vote processing equipment and election services to facilitate
any early voting sites, polling locations and polling places as may be necessary and agreed upon
by the parties.
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2024 ELECTIONS AGREEMENT Page 2 of 13
ARTICLE 3 – OPERATION AND PROGRAMMING SERVICES
3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for election
operations (Exhibit “A”).
3.2 Vote-By-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote-By-
Mail ballot request processed plus actual postage costs, including Return Postage.
MUNICIPALITY shall also pay SOE for each Vote-By-Mail ballot signature verified (Exhibit
“A”).
3.3 Repairs. For any election, all maintenance, repairs or other troubleshooting services for vote
processing equipment, including any processors or tablets, will be performed exclusively by SOE
and such services are included in all stated charges. However, SOE does reserve the right to seek
reimbursement from MUNICIPALITY for any repairs or maintenance caused by any neglect or
unauthorized acts by any employee or representative of MUNICIPALITY.
ARTICLE 4 – OTHER ELECTION CHARGES
4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct
preparation and poll worker training in accordance with Exhibit “A”.
4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or
services not specifically provided for in this Agreement but that may be described or listed in the
Municipal Fee Schedule(s) attached hereto as Exhibits “A” and “B”. Where MUNICIPALITY
holds elections in conjunction with the Presidential Preference Primary, the Fee Schedule in
Exhibit “A” controls. In all other situations, Run-Off Election and Stand-Alone Election Fee
Schedules set forth in Exhibit “B” control. MUNICIPALITY agrees that the Municipal Fee
Schedule and the prices contained in Exhibits “A” and “B” are subject to change.
4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY
shall pay SOE for any other election services not contemplated herein which may be needed to
conduct an orderly election.
ARTICLE 5 – TERM
For each election, the terms of this Agreement begin with ballot layout and conclude when
ballots have been processed, election results have been certified, all vote processing equipment
has been returned to the SOE’s warehouse and an audit, if applicable, has been completed. In the
event of an election contest or challenge, SOE agrees to cooperate in providing any public
records which the SOE maintains or otherwise controls.
ARTICLE 6 – APPLICABLE REQUIREMENTS OF FLORIDA’S ELECTION CODE
MUNICIPALITY shall properly call the election in accordance with any Florida Statutes,
applicable charter provisions or city ordinances. MUNICIPALITY agrees that the Municipal
Clerk is responsible for the conduct of the city’s elections and for ensuring compliance with all
applicable Florida Statutes, including the Florida Election Code and any municipal charter
provisions and ordinances. Any obligations or duties not set forth in this Agreement shall be the
sole responsibility of MUNICIPALITY.
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2024 ELECTIONS AGREEMENT Page 3 of 13
ARTICLE 7 – NOTICE AND ADVERTISEMENT OF ELECTIONS
7.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Elections.
SOE shall prepare and arrange for publication of all legal advertising required by state and
federal statutes in both English and Spanish and SOE shall be responsible for obtaining the
accurate and complete translation of any such advertising. If additional advertisements are
required by the MUNICIPALITY’S charter, ordinance(s) or resolution(s), MUNICIPALITY
shall be responsible for preparing and arranging for publication of all such legal advertising
which is not already satisfied under state and federal statutes. MUNICIPALITY shall be
responsible for the accurate and complete translation of any such advertisements.
7.2 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, MUNICIPALITY shall prepare and arrange for publication
of all legal advertising required by state and federal statutes, city charter and city ordinances.
MUNICIPALITY agrees that all advertisements of elections conducted in Palm Beach County
shall be published in both English and Spanish and that MUNICIPALITY shall be responsible
for the accurate and complete translation of any such notices. SOE shall, if available, provide
samples of required advertising upon request.
ARTICLE 8 – QUALIFYING OF CANDIDATES
MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept
and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect
pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at
the close of qualifying.
If petitions are part of qualifying process, MUNICIPALITY shall pay SOE Ten Cents ($.10) per
name, or such other amount as determined per Florida Statutes or the Florida Administrative
Code, checked to verify any signatures on qualifying petitions. SOE agrees to verify any
signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such
petitions are received. Except as set forth in the following paragraph, SOE shall complete
signature verification of petitions within 30 days of receipt of the petitions from
MUNICIPALITY.
When MUNICIPALITY provides SOE with candidate petitions before the signature verification
cutoff deadline (before noon of the 28th day preceding the first day of qualifying), SOE will
verify the signed petitions no later than the 7th day before the first day of qualifying. (See
Section 99.095(3), Florida Statutes.) If the candidate reaches the required number of signatures,
SOE will continue to verify timely submitted signed petitions until the candidate indicates in
writing to stop verification.
In no event shall SOE issue any recommendations or make any legal determinations as to the
qualifications of eligibility of any candidate for municipal office.
ARTICLE 9 – PRINTING OF BALLOTS AND BALLOT SERVICES
9.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall place an order for sufficient quantity of Election Day ballots with a third-party printer
as selected exclusively by SOE. MUNICIPALITY shall reimburse SOE for payment to printer if
the MUNICIPALITY’s races cause the ballot to add an additional page, in which case
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2024 ELECTIONS AGREEMENT Page 4 of 13
MUNICIPALITY shall be responsible for the costs of the additional page. MUNICIPALITY
shall pay SOE a per-ballot fee for each Vote-By-Mail ballot printed that is not otherwise being
printed by SOE for the Presidential Preference Primary, including any additional pages required
for MUNICIPLITY’S races or questions.
MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, all
ballot information in English. SOE agrees to provide, at MUNICIPALITY’s cost and expense,
translation of MUNICIPALITY’s ballot language from English to Spanish, including the name
of the candidates as they are to appear on the ballot, the name of the Municipality, the name of
the election, the title of office or referendum title, explanation, and questions, in accordance with
Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote
machine.
SOE agrees to provide the layout of the ballot(s) based on the information furnished by
MUNICIPALITY and deliver ballot layout to the approved printer. Both SOE and
MUNICIPALITY must sign off on ballot proof(s).
Once test ballots are received from the printer, SOE will test all vote processing equipment in
accordance with the standards established by the Florida Division of Elections and any
applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall
receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also
control and limit all access to un-voted ballots while in possession of SOE.
9.2 Run-Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, MUNICIPALITY
will be responsible for providing all information stated in 9.1. MUNICIPALITY will again be
responsible for the cost of providing any translations and must again approve ballot content and
layout prior to printing.
MUNICIPALITY will also be responsible for reimbursing SOE for any and all costs incurred in
accordance with the fee schedule shown in Exhibit “B”.
ARTICLE 10 – POLL WORKERS
10.1 Selection and Training of Poll Workers. SOE will select poll workers from a group of
trained poll workers. SOE will assign standby poll workers to be available on Election Day. SOE
will train all poll workers in accordance with the Florida Election Code and other guidelines,
procedures or regulations as followed or adopted for the conduct of elections in Palm Beach
County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll
worker training sessions. Poll workers shall undergo job specific training and complete required
number of training hours as specified by SOE poll worker department management. All
necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or
transported in poll worker clerk bags.
10.2 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall pay poll workers directly for their services.
10.3 Run-Off Election/Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, MUNICIPALITY shall pay poll workers directly for their
services in the same amounts/at the same hourly rates that SOE pays poll workers which, as of
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the Effective Date hereof, is set forth in Exhibit “B”. If SOE changes the rates of pay/hourly
rates SOE is paying poll workers, MUNICIPALITY agrees to pay the current rates of pay/hourly
rates being paid by SOE at that time.
ARTICLE 11 – SELECTION OF POLLING PLACES
SOE shall provide a list of Polling Place(s) intended for use as a voting location. Each location
shall meet necessary Americans with Disabilities Act (ADA) requirements. In the event of a run-
off election, MUNICIPALITY shall provide ADA compliant Polling Places.
ARTICLE 12 – SAMPLE BALLOTS
12.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall prepare, proof and deliver sample ballot layout to third-party vendor for distribution to
registered voters. MUNICIPALITY shall review the sample ballot(s) and confirm the accuracy
of the election date, office, candidate name(s)(including the order of appearance on the ballot),
polling locations, polling places and all other information contained therein. SOE shall
coordinate the mailing of the sample ballots to all registered voters in the municipality prior to
the election, including accurate polling place information.
12.2 Run-Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, SOE shall not
create or mail sample ballots. If MUNICIPALITY wishes to create a sample ballot, SOE will
post it on SOE’s website.
ARTICLE 13 – VOTE-BY-MAIL BALLOTS
MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless
MUNICIPALITY or the Clerk for MUNICIPALITY provides written direction to the contrary,
SOE agrees to accept all requests for Vote-By-Mail ballots by telephone, mail, email or in
person. SOE also agrees to mail Vote-By-Mail and overseas ballots as requested by registered
voters, receive and securely store any voted Vote-By-Mail ballots, verify the signatures on any
returned voted Vote-By-Mail ballot certificates, facilitate voter signature cures, accommodate
public inspection of Vote-By-Mail ballot mailing envelopes and voter certificates, and account
for all Vote-By-Mail ballots.
SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Florida
Statute 101.68.
In the event of a run-off election and for all stand-alone municipal elections, if MUNICIPALITY
doesn’t use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate the
date on which the MUNICIPALITIY’s Canvassing Board is to assemble to canvass the Vote-By-
Mail ballots. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to
conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both
English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY
shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be
tabulated. MUNICIPALITY shall provide for collection of results from each precinct (See
Exhibit “B”). MUNICIPALITY must also ensure they have a Canvassing Board member present
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2024 ELECTIONS AGREEMENT Page 6 of 13
for opening, duplication, tabulation and all other activities requiring Canvassing Board presence
by law.
ARTICLE 14 – TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES
14.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE will be responsible for delivery and pick up of any vote processing equipment. Election
equipment will be delivered by SOE, or a third party representative of SOE on an agreed upon
date, up to eight (8) days prior to the election. SOE, or a third party representative of SOE, will
pick up voting equipment on an agreed upon date. SOE shall have full discretion and authority to
hire and employ any outside third parties to assist with or perform delivery and pick up of voting
equipment (Exhibit “A”).
14.2 Run-Off Election/Stand-Alone Municipal Election.
In the event of a run-off election and for all stand-alone municipal elections, the SOE will
maintain responsibility for transportation of equipment and supplies as stated in 14.1.
MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and
pickup in accordance with the fee schedule set forth in Exhibit “B”.
14.3 MUNICIPALITY is not permitted to deliver any election equipment.
ARTICLE 15 – LOCATION AND STORAGE OF VOTING EQUIPMENT
All voting equipment shall be stored, maintained and located in a well-protected, secure,
temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a
voting site, no equipment shall be relocated without the prior written approval of SOE.
ARTICLE 16 – CANVASSING OF ELECTION RESULTS
16.1 Uniform Municipal Election in Conjunction with Presidential Preference Primary Election.
SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to
canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any
canvassing board meetings. SOE shall convene the Canvassing Board to determine which voted
Vote-By-Mail ballots are to be tabulated. SOE shall provide for collection of results from each
precinct.
16.2 Run-Off Election /Stand-Alone Municipal Election. In the event of a run-off election and for
all stand-alone municipal elections, if MUNICIPALITY doesn’t use the County Canvassing
Board, MUNICIPALITY shall schedule and coordinate the date on which MUNICIPALITIY’s
Canvassing Board is to assemble to canvass the results of the election. If applicable,
MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board
activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed,
the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing
Board to determine which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY
shall provide for collection of results from each precinct (See Exhibit “B”). MUNICIPALITY
must also ensure they have a Canvassing Board member present for opening, duplication,
tabulation and all other activities requiring Canvassing Board presence by law.
ARTICLE 17 – AUDITS
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2024 ELECTIONS AGREEMENT Page 7 of 13
MUNICIPALITY agrees to pay SOE for any additional costs as may be necessary, including
overtime expenses, for conducting the audit.
ARTICLE 18 – POST-ELECTION RECORDS RETENTION
SOE shall process affirmation forms and sort, inventory, and pack all election materials for
pickup by SOE for retention and disposition. SOE shall store or cause to be stored all necessary
election records and ballots until expiration of retention period as prescribed by applicable
Florida Statutes and Rules.
ARTICLE 19 – VOTER HISTORY
MUNICIPALITY and SOE will make mutually acceptable arrangements for recording voter
history. The date selected for undertaking this activity may occur subsequent to the conclusion of
all election dates and outside of the terms of this Agreement but both parties agree to work
toward recording voter history in a timely manner.
ARTICLE 20 – OTHER NECESSARY COSTS
Any additional costs or fees that may be incurred by SOE in compliance with the Florida
Election Code and as a direct result of a municipal election, that are not specified in this
Agreement, shall be paid for by MUNICIPALITY at rates and fees as established by SOE.
Examples of such additional costs or reimbursements include, but are not limited to, the
following:
A. Recounts. Any expenditure for conducting a recount, including any overtime expenses
for reprogramming voting equipment, and other expenses as may be necessary to conduct a
recount; and,
B. Attorneys’ Fees and Costs. Actual attorneys’ fees and costs incurred by SOE for research
or representation on any election-related matter shall be invoiced by SOE for reimbursement by
MUNICIPALITY.
ARTICLE 21 – HOLD HARMLESS COVENANT
To the extent permitted by law, MUNICIPALITY shall at all times hereafter indemnify, hold
harmless and, at SOE’s option, defend or pay for an attorney selected by SOE to defend SOE, its
officers, agents and employees against any and all claims, damages, injuries, losses, liabilities
and expenditures of any kind, including attorneys’ fees, court costs and expenses, including but
not limited to administrative challenges, civil suits or other legal challenges or appeals that may
arise from the contest of election results or the validation of any candidate qualifications, arising
out of or resulting from any or all acts of omission or commission of or by the MUNICIPALITY,
its officers, agents or employees with respect to any election conducted pursuant to this
Agreement. Except for negligent acts of SOE in performance of this agreement,
MUNICIPALITY also agrees to indemnify SOE against any administrative challenges, civil suits
or other legal challenges or appeals that may arise, including all attorneys’ fees and costs, from
the contest of election results or the validation of any candidate qualifications.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
waiver or limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for SOE or
MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any
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2024 ELECTIONS AGREEMENT Page 8 of 13
judgment which, when totaled with all other judgments, arises out of the same incident or
occurrence. Furthermore, nothing herein shall be construed as consent by the MUNICIPALITY
or the SOE, as a state agency or subdivision of the State of Florida, to be sued by third-parties in
any matter arising out of any contract.
These provisions shall not be construed to constitute agreement by either party to indemnify the
other for such others’ negligent, willful or intentional acts or omissions.
ARTICLE 22 – ENTIRETY AND AMENDMENTS
The Agreement embodies this entire agreement between SOE and MUNICIPALITY and
supersedes all prior agreements and understandings relating to the conduct of elections. No
modification, amendment or alteration to this Agreement shall be effective of binding unless
submitted in writing and executed by the duly authorized representatives of both SOE and
MUNICIPALITY.
ARTICLE 23 – EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution by duly authorized
representatives of SOE and MUNICIPALITY as shown on the signature page hereto.
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2024 ELECTIONS AGREEMENT Page 9 of 13
IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to
bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this
agreement on the dates set forth below.
Signature
Wendy Sartory Link
Name (Printed or Typed)
Palm Beach County Supervisor of Elections
Title
Date
Witness Signature
Witness Name (Printed or Typed)
Signature
Name (Printed or Typed)
Title
Date
Witness Signature
Witness Name (Printed or Typed)
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EXHIBIT “A”
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Palm Beach County Supervisor of Elections
Schedule of Municipal Election Fees
Presidential Preference Primary and Municipal Elections
2024
Standard Operation and Programming
Polling Place Operations
Ballot Preparation and Printing
Vote-By-Mail (VBM) Ballot Requests and Postage
Post-Election Reporting and Audit
Service Center Operations and Tabulation
Total (small municipality ≤ 2k registered voters
= $600)
$750.00
VBM Services Other Than Required for PPP
VBM Ballot Services – Per Ballot Processed $6.91/Ballot
VBM Return Mail Postage Costs – Actual Cost TBD
Unanticipated Costs TBD
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EXHIBIT “B”
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Palm Beach County Supervisor of Elections
Schedule of Municipal Run-Off/Stand-Alone Election Fees
Presidential Preference Primary and Municipal Elections
2024
*Itemized invoices will be provided in the event of a run-off election.
General Municipal Run-Off/Stand-Alone Election
Services
Estimated Costs
Vote-by-Mail Ballot Services $7.11/Ballot
Run-Off/Stand-Alone Election Day Services $7,195.66
Precinct Services (per precinct) $596.24
Accounting/Billing $141.36
Polling Location Inspection (if applicable) $ 66.53
POLL WORKER PAY
Early Voting hourly rate:
Site Supervisor: $19/hour
Assistant Site Supervisor: $17/hour
Inspector: $15/hour
Election Day lump sum*:
Clerk: $390.00
Assistant Clerk: $250.00
VST: $305.00
Inspector: $230.00
Precinct Deputy: $200.00
Standby Poll Worker (deployed by SOE): Paid at rate for
the position which they are trained
*Rate of pay is a lump sum that includes training and election day. The Clerk and
VST pay rate also includes Monday set-up.
Any additional items requested by the municipality will be
invoiced separately
TBD
On call support ($2500 range) Invoiced by
Vendor TBD
VBM Return Postage Fees $ .60
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