2023.12.19_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, December 19, 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
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
7. ANNOUNCEMENTS
Board Vacancies
Board of Adjustment and Appeals Board One (1) vacancy for an unexpired
term ending September 21, 2024
Financial Advisory Board One (1) vacancy for an unexpired
term ending April 30, 2024
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Town Commission Meeting Agenda December 19, 2023
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Meetings and Events
December 24 and December 25, 2023 Town Hall closed in observance of
Christmas Eve and Christmas Day
January 01, 2024 Town Hall closed in observance of
New Years Day
January 09, 2024 1:00 P.M. Code Enforcement Board Regular
Meeting
January 11, 2024 9:30 A.M. Planning Board Regular Meeting
January 16, 2024 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. Ordinance No. 2023-007 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
B. Ordinance No. 2023-008 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
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Town Commission Meeting Agenda December 19, 2023
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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. Certification of Inadequate Attendance and Automatic Removal of Member Peter
Weiner from the Financial Advisory Board effective December 19, 2023
B. Approval of Meeting Minutes
December 05, 2023 Town Commission Meeting Minutes
C. Approve and authorize the Mayor to execute the First Amendment to Amended
and Restated Agreement between the Town of Highland Beach and Palm Beach
County for use of the County Public Safety Radio System.
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. Continued discussion of Milani Park.
11. NEW BUSINESS (Public Comments will be limited to three (3) minutes per speaker
per item after Town Commission initial discussion.)
A. Resolution No. 2023-036
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment No. Nine to the State of Florida
Department of Transportation District Four Landscape Inclusive Memorandum of
Agreement on behalf of the Town; providing for conflicts; and providing for an
effective date.
B. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW)
permit for the property located at 2362 South Ocean Boulevard.
C. Approve and authorize the Mayor to execute an Equipment Lease -Purchase
Agreement with Motorola Solutions, Inc. in an amount not to exceed $294,016.00
for 23 portable radios for the Police Department.
D. Approve and authorize Town staff to purchase the Bunker Gear from Bennett Fire
Products Co., Inc. in the amount of $98,530.04 for the Fire Rescue Department
(in accordance with Lake County Contract 22-730B).
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Town Commission Meeting Agenda December 19, 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. Ordinance No. 2023-007 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
Page 5
ORDINANCE NO. 2023-007
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.
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
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Ordinance No. 2023-007
2
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.
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Ordinance No. 2023-007
3
SECTION 6. Effective Date. This Ordinance shall be effective immediately upon adoption
at second reading and shall only apply prospectively.
The foregoing Ordinance was moved by Commissioner David, seconded by Vice Mayor Stern and
upon being put to the vote, the vote was as follows:
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
PASSED on first reading at the Regular Commission meeting held on this 5th day of December 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
Page 8
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 19, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-007 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
SUMMARY:
On December 5, 2023, the Town Commission discussed and approved the Proposed
Ordinance 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 on first reading.
Ordinance No. 2023-007 was advertised according to Florida Statutes on December 9, 2023.
Therefore Ordinance No. 2023-007 is before the Town Commission for adoption on second
and final reading.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-007 and Legal Advertisement Affidavit
RECOMMENDATION:
Adopt Ordinance No. 2023-007 on the second/final reading.
Page 9
Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Dec 09, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: December 10, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7536769
SUN-SENTINEL
Page 10
Order # - 7536769
SUN-SENTINEL
Page 11
SUN-SENTINEL
Page 12
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 13
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 14
Page 15
ATTACHMENT NO. 1
Page 16
File Attachments for Item:
B. Ordinance No. 2023-008 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
Page 17
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 19, 2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Ordinance No. 2023-008 (Second Reading/Public Hearing)
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 (First Reading was December 05, 2023).
SUMMARY:
On December 5, 2023, the Town Commission discussed and approved the Proposed
Ordinance 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 on first reading.
Ordinance No. 2023-007 was advertised according to Florida Statutes on December 9, 2023.
Therefore Ordinance No. 2023-007 is before the Town Commission for adoption on second
and final reading.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 2023-007 and Legal Advertisement Affidavit
RECOMMENDATION:
Adopt Ordinance No. 2023-007 on the second/final reading.
Page 18
TOWN OF HIGHLAND BEACH
ORDINANCE NO. 2023-008
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,
Page 19
Ordinance No. 2023-008
2
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 Commissioner David, seconded by Commissioner Peters
and upon being put to the vote, the vote was as follows:
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
PASSED on first reading at the Regular Commission meeting held on this 5th day of December 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
ATTEST: Natasha Moore, Mayor
REVIEWED FOR LEGAL
SUFFICIENCY
Lanelda Gaskins, MMC
Town Clerk
Glen Torcivia, Town Attorney
Town of Highland Beach
Page 20
Ordinance No. 2023-008 (Exhibit A)
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 21
Ordinance No. 2023-008 (Exhibit A)
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 containing 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.
Page 22
Ordinance No. 2023-008 (Exhibit A)
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,
Page 23
Ordinance No. 2023-008 (Exhibit A)
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 4 of 41
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 at 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 policies 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 pre mises 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 official 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 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] 104.8.1 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, accessibility, 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 proh ibit 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 intend ed, 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 or 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 or 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, and 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 buildin g
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 sprinklers 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 corrective
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 f ire 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 applic ation 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. If 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 inf ormation 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 demonstrated 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 barrier 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 for 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
conducted in accordance with the prohibition in paragraph (a).
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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 nonelectr ic 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
certification as a contractor.
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(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 bulk 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 enforcement 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 application in 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, where 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
form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a
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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 without 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
the design of the building.
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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
Early warning
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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)
Light and ventilation (including corresponding portion of the energy code)
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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
6. Roof-mounted equipment
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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
Manufactured buildings/housing:
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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 responsibility 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
is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion
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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
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
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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 insulation.
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.
4. Exterior wall coverings. Shall at a minimum include the following building components in progress
inspections:
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• 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 sw imming 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.
3. Final inspection. To be made after the building is complete, all required electrical fixtures are in p lace and
properly connected or protected, and the structure is ready for occupancy.
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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.
[A] 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing,
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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
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.
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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 is suance
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 in 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 threshold 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.”
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
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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 best 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
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.
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“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
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
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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.
(5) Failure to Submit a Recertification Inspection Report or Timely Make Repairs/ Modifications.
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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
occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is
valid.
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[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 e liminate 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.
114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person
Page 59
Ordinance No. 2023-008 (Exhibit A)
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 40 of 41
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.
116.4 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the
Page 60
Ordinance No. 2023-008 (Exhibit A)
SCOPE AND ADMINISTRATION
Town of Highland Beach Administrative Chapter 1 FBC 8th Edition Page 41 of 41
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 61
Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Dec 09, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: December 10, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: lgaskins@highlandbeach.us
7544654
SUN-SENTINEL
Page 62
Order # - 7544654
SUN-SENTINEL
Page 63
SUN-SENTINEL
Page 64
File Attachments for Item:
A. Certification of Inadequate Attendance and Automatic Removal of Member Peter Weiner from the
Financial Advisory Board effective December 19, 2023
Page 65
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission
MEETING DATE 12/19/2023
SUBMITTED BY: Lanelda Gaskins, Town Clerk’s Office
SUBJECT: Certification of Inadequate Attendance and Automatic Removal of
Member Peter Weiner from the Financial Advisory Board effective
December 19, 2023
SUMMARY:
At the June 15, 2021 meeting, Town Commission approved Resolution No. 2021 -014
appointing Peter Weiner to the Financial Advisory Board (FAB) for a three- year term ending
April 30, 2024. He has served on the FAB for two and a half years and has been absent from
numerous meetings.
Our attendance records shows that you have been absent during the three (3) consecutive
regular Financial Advisory Board meetings of January 26, July 27, and December 7, 2023.
According to Ordinance No. 18-004 O, Sec. 2-96, and Sec. 2-99, Inadequate Attendance, of
the Town’s code of ordinance, members absence at three (3) or more consecutive regular
meetings of a board, a member who has inadequate attendance sh all be deemed
automatically removed as a member of the board on the date that the Town Clerk provides
certification to the Town Commission.
Additionally, it is the responsibility of the Town Clerk’s Office to notify a board member of
inadequate attendance. Therefore, on December 15, 2023, a letter was emailed and mailed
via United States Postal Services (USPS) to Mr. Peter Weiner advising him of the three
consecutive documented absences from the Financial Advisory Board meetings and his
automatic removal from the board, as outlined in the ordinance. This creates a vacancy on
the Financial Advisory board for an unexpired term ending April 30, 2024. The Clerk’s Office
will advertise the vacancy in the Coastal Star Newspaper, on the Town’s website and in the
Manager’s Monthly.
FISCAL IMPACT:
None.
ATTACHMENTS:
Page 66
Letter to Mr. Peter Weiner and Financial Advisory Board 2023 Attendance Records Report
RECOMMENDATION:
None.
Page 67
Page 68
Page 69
File Attachments for Item:
B. Approval of Meeting Minutes
December 05, 2023 Town Commission Meeting Minutes
Page 70
TOWN OF HIGHLAND BEACH
TOWN TOWN COMMISSION MEETING
MINUTES
LIBRARY COMMUNITY ROOM, 3618 S. OCEAN
BLVD., HIGHLAND BEACH, FL
Date: December 05, 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
Vice Mayor David Stern
Mayor Natasha Moore
Town Manager Marshall Labadie
Town Attorney Glen Torcivia
Town Clerk Lanelda Gaskins
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/Stern - Moved to approve the agenda as presented, which passed
unanimously 5 to 0.
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.
Mayor Moore read the title of Resolution No. 2023-034. Followed by the Town
Commission interviewing applicant Eve Rosen concerning her interest in
serving on the Planning Board.
Ms. Rosen briefly spoke about her professional background and interest in
serving on the Board.
Page 71
Town Commission Meeting Minutes
Date: December 05, 2023 Page 2 of 7
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-034.The
motion passed unanimously 5 to 0.
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.
Mayor Moore read the title of Resolution No. 2023-035. Followed by the Town
Commission interviewing applicant Harris Rosen concerning his interest in
serving on the Board of Adjustment and Appeals Board.
Mr. Rosen briefly spoke about his professional background and interest in
serving on the Board.
MOTION: David/Goldberg - Moved to approve Resolution No. 2023-035. The
motion passed unanimously 5 to 0.
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
There were no public comments.
7. ANNOUNCEMENTS
Mayor Moore read the announcement as follows:
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.
Page 72
Town Commission Meeting Minutes
Date: December 05, 2023 Page 3 of 7
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.
Mayor Moore read the title of the Proposed Ordinance.
Town Manager Labadie explained that the proposed ordinance is the adopt the
administrative amendments to the 8th Edition (2023) of the Florida Building
Code.
Mayor Moore opened the item for public comments, and after hearing none she
closed public comments.
MOTION: David/Peters - Moved to approve the Proposed Ordinance as
presented, which passed unanimously 5 to 0.
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.
Mayor Moore read the title of the Proposed Ordinance.
Town Planner Allen presented this item.
Mayor Moore opened the item for public comments, and after hearing none she
closed public comments.
MOTION: David/Stern - Moved to accept the Proposed Ordinance to amend
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. The motion passed unanimously 5 to 0.
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
Page 73
Town Commission Meeting Minutes
Date: December 05, 2023 Page 4 of 7
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.
Mayor Moore read the title of the Proposed Ordinance.
Town Planner Allen presented the proposed amendment to the incorporate sea
turtle protection lighting standards in the code of ordinances. There was
discussion about using the word “shall” and lighting regulations.
Building Official Remas clarified the Town continuous efforts to be reactive to the
complaints concerning the sea turtles during the turtle season and the need for
specifications for new construction for the contractors and property owners. Then
Town Planner Allen spoke about the State of Florida Sea Turtle Lighting model
ordinance. Also, Ms. Stacey Gallagher, Development and Policy
Coordinator/Lighting Project Specialist with the Sea Turtle Conservancy also
provided comments about sea turtle lighting.
Mayor Moore opened the item for public comments.
Mr. Rich Greenwald commented on the lighting restriction proposed ordinance.
There were conversations about safety concerns regarding lighting on the beach.
Ms. Gallagher also spoke about the safety concerns regarding lighting. There
were conversations about lighting concerning public safety perspective. Fire
Chief Joesph spoke about the public safety and lighting.
Town Clerk Gaskins read an email from Mr. Jeffrey Kleiman regarding the
proposed lighting ordinance.
Mayor Moore closed the public comments.
Town Commission discussion continued about modifying the language in Sec. 4 -
8. (2) of the proposed ordinance as it relates to the existing structures for exterior
lights. Town Planner Allen will modify the language and bring the proposed
ordinance back as a second reading on January 16, 2024.
MOTION: David/Stern - Moved to accept the turtle lighting ordinance subject to
revisions that will show up on the second read. The motion passed
unanimously 5 to 0.
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.
Page 74
Town Commission Meeting Minutes
Date: December 05, 2023 Page 5 of 7
A. Approval of Meeting Minutes
November 21, 2023 Town Commission Meeting Minutes
MOTION: David/Goldberg – Moved to adopt the Minutes of the November 21,
2023 Commission Meeting (Consent Agenda), which passed
unanimously 5 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 presented an update on the delivery of the fire engine,
display of the fire rescue truck at the Mingle and Jingle Holiday Community Event,
recruiting and hiring process of the fire personnel, and interviews are in progress
for the firefighter candidates. He also provided an update on the construction
phase of the fire rescue building.
Town Manager Labadie talked about the color scheme of the fire rescue building
(white with beige trimming) and the consistency of the lettering. He also updated
the Town Commission on the State of Florida Joint Legislative Auditing
Committee
Town Manager Labadie provided an update on the State of Florida Joint
Legislative Auditing Committee (JLAC) regarding the Town’s approach to the
matter.
He also spoke about the 24/72 staffing model for the new fire rescue
personnel. He and Finance Director DiLena are working through the finances.
B. Florida Department of Transportation (FDOT) RRR Project Update
Town Manager Labadie asked the Town Commission to look at their schedule for
availability the weeks of March 5th through 7th or March 12th through 14th for FDOT
construction meeting at 6:00 p.m. The Town Commission is available on
Thursday, March 7th. He received FDOT’s written response regarding a
resident’s comments concerning the construction along A1A and will forward the
responses to the Town Commission. He is also attempting to schedule a field
meeting with the FDOT Design Team and waiting for a few dates.
C. Building Department Recertification Program Update
Building Official Remas provided an update on the Building Recertification
program.
Page 75
Town Commission Meeting Minutes
Date: December 05, 2023 Page 6 of 7
D. Continued discussion of Milani Park.
Town Manager Labadie reported he was making good progress with putting
together a team and developing an approach to this matter. February 1st is the
public meeting with Palm Beach County. He encouraged the resident to send
their comments regarding the Milani Park to him, the Town Commission or Palm
Beach County Commissioner Marci Woodward.
E. Consideration of Proposed Amendment No. 5 to Tower Siting Lease
Agreement between the Town of Highland Beach and Sprint/T-Mobile.
Mayor Moore read the title of this item. Followed by Town Manager Labadie
presenting the item.
MOTION: David/Goldberg – Moved to authorize the Mayor to sign the
Proposed Amendment No. 5 to the Tower Siting Lease Agreement
with Sprint/T-Mobile. Upon roll call: Commissioner David (Yes);
Commissioner Goldberg (Yes); Commissioner Peters (Yes); Vice
Mayor Stern (Yes); and Mayor Moore (Yes). The motion passed
unanimously 5 to 0.
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.
Town Manager Labadie presented this item.
MOTION: David/Peters - Moved to approve the proposed meeting schedule
for 2024 calendar year cancelling the January 2, July 2, and
November 5 Town Commission meeting dates. The motion passed
unanimously 5 to 0.
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.
Town Clerk Gaskins presented this item.
MOTION: David/Goldberg - Moved to approve the 2024 Municipal Election(s)
Vote Processing Equipment Use and Elections Services Agreement
with the Palm Beach County Supervisor of Elections, which passed
unanimously 5 to 0.
Page 76
Town Commission Meeting Minutes
Date: December 05, 2023 Page 7 of 7
12. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg thanked the applicants for applying to participate
on Town Boards. She provided comments about Milani Park regarding lighting.
Commissioner Donald Peters also commented on the applicants and Milani Park.
Commissioner Evalyn David encouraged the community to come out to the Mingle
and Jingle Community Holiday event on Thursday, December 7th.
Vice Mayor David Stern look forward to serving with the Town Commission.
Mayor Natasha Moore had no comments.
13. TOWN ATTORNEY’S REPORT
Town Attorney Torcivia congratulated Commissioner Goldberg, Vice Mayor Stern
and Mayor Moore on the unopposed candidacy related to the March 19, 2024
Municipal General Election.
14. TOWN MANAGER’S REPORT
Town Labadie also congratulated Commissioner Goldberg, Vice Mayor Stern and
Mayor Moore on the unopposed candidacy related to the March 19, 2024 Municipal
General Election. He announced the Top Out Ceremony tomorrow at 12:30 p.m. and
the Mingle and Jingle Holiday Community Event at 5:00 p.m. tomorrow evening.
15. ADJOURNMENT
The meeting adjourned at 3:49 P.M.
APPROVED: December 19, 2023 Town Commission Meeting.
ATTEST: Natasha Moore, Mayor
Transcribed by
Lanelda Gaskins
12/19/2023
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 77
File Attachments for Item:
C. Approve and authorize the Mayor to execute the First Amendment to Amended and
Restated Agreement between the Town of Highland Beach and Palm Beach County for
use of the County Public Safety Radio System.
Page 78
Town of Highland Beach/First Amendment
Page 1 of 4
FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT
THIS FIRST AMENDMENT to Amended and Restated Agreement R2019-0211, dated
February 5, 2019 (the “Agreement”), is made as of __________________, by and between Palm
Beach County, a political subdivision of the State of Florida (“County”), and the Town of
Highland Beach, a municipal corporation of the State of Florida, (“Town”).
In consideration of the mutual promises contained herein, the County and Town agree as
follows:
1. The term of the Agreement is renewed beginning on February 5, 2024 and continuing
through February 4, 2029, pursuant to the exercise of the first of two (2) five (5) years
renewal options.
2. Section 2.03 is deleted in its entirety and replaced with the following:
2.03 Town Equipment: Also known as “agency radios,” are Town owned P25
compliant handheld and mobile radios and control stations that operate in the 800 MHz
spectrum that have the ability to be programmed and used on the County’s System.
3. Section 5.01 is deleted in its entirety and replaced with the following:
5.01 Town Equipment. The Town’s equipment will be P25 compliant 800 MHz mobile,
portable, and control station equipment programmed to be used on the County’s System.
Equipment other than that manufactured by Motorola shall be approved by the System
Manager prior to purchase by the Town. The Town is required to keep its equipment in
proper operating condition and the Town is responsible for maintenance of its radio
equipment.
4. The Agreement is hereby modified to add the following:
2.07 SmartZone Controller: The SmartZone Controller is the central computer that
controls the operation of the County’s Public Safety Radio System. The SmartZone
Controller manages access to System features, functions, and talk-groups.
SECTION 8A: INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28,
Florida Statutes, (Statute), the Town represents that it is self-insured with coverage
subject to the limitations of the Statute, as may be amended.
If Town is not self-insured, Town shall, at its sole expense, purchase and maintain
in full force and effect at all times during the life of this contract, insurance coverage at
limits not less than those contained in the Statute.
Page 79
Town of Highland Beach/First Amendment
Page 2 of 4
Should Town purchase excess liability coverage, Town agrees to include County
as an Additional Insured.
The Town agrees to maintain or to be self-insured for Workers’ Compensation
insurance in accordance with Chapter 440, Florida Statutes.
Should Town contract with a third-party (Contractor) to perform any service
related to the Agreement, Town shall require the Contractor to provide the following
minimum insurance:
Commercial General Liability insurance with minimum limits of $1,000,000
combined single limit for property damage and bodily injury per occurrence and
$2,000,000 per aggregate. Such policy shall be endorsed to include Town and
County as Additional Insureds. Town shall also require that the Contractor
include a Waiver of Subrogation against County.
Business Automobile Liability insurance with minimum limits of $1,000,000
combined single limits for property damage and bodily injury per occurrence.
Workers’ Compensation insurance in compliance with Chapter 440, Florida
Statutes, and which shall include coverage for Employer’s Liability with
minimum limits of $1,000,000 each accident.
When requested, the Town shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance.
Compliance with the foregoing requirement shall not relieve the Town of its
liability and obligations under this Agreement.
SECTION 25: ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County and Town hereunder requiring the
expenditure of funds are subject to and contingent upon annual budgetary funding and
appropriations by the Palm Beach County Board of County Commissioners and the Town
Council.
SECTION 26: E-VERIFY – EMPLOYMENT ELIGIBILITY
26.01 Town warrants and represents that it is in compliance with section 448.095,
Florida Statutes, as may be amended, and that it: (1) is registered with the E-Verify
System (E-Verify.gov), and uses the E-Verify System to electronically verify the
employment eligibility of all newly hired workers; and (2) has verified that all of the
Town’s contractors and subcontractors performing any duties and obligations under this
Agreement are registered with and use the E-Verify System to electronically verify the
employment eligibility of all newly hired workers.
Page 80
Town of Highland Beach/First Amendment
Page 3 of 4
26.02 County shall terminate this Agreement if it has a good faith belief that
Town has knowingly violated Section 448.09(1), Florida Statutes as may be amended.
5. Except as modified by this First Amendment, the Agreement remains unmodified and in
full force and effect in accordance with the terms thereof and is hereby ratified and
confirmed by the Town and the County.
(Remainder of the page intentionally left blank)
Page 81
Town of Highland Beach/First Amendment
Page 4 of 4
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed as of the day and year first above written.
ATTEST:
JOSEPH ABRUZZO
CLERK OF THE CIRCUIT
COURT & COMPTROLLER
PALM BEACH COUNTY, a political
subdivision of the State of Florida
By:
Deputy Clerk
LEGALTOASAPPROVED
SUFFICIENCY:
APPROVED AS TO TERMS AND
CONDITIONS:
By: By:
County Attorney Isamì Ayala-Collazo, Director
Facilities Development & Operations
ATTEST:
THE TOWN OF HIGHLAND BEACH,
a municipal corporation of the State of
Florida.
By: By:
Lanelda Gaskins, Town Clerk
Natasha Moore, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: ________________________
_________________________
Print Name and Title
By:
Maria Sachs, Mayor
Page 82
File Attachments for Item:
A. Resolution No. 2023-036
A Resolution of the Town Commission of the Town of Highland Beach, Florida,
authorizing the Mayor to execute Amendment No. Nine to the State of Florida
Department of Transportation District Four Landscape Inclusive Memorandum of
Agreement on behalf of the Town; providing for conflicts; and providing for an effective
date.
Page 83
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 19, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Amendment Number Nine (9) to the Florida Department of
Transportation’s Landscape Inclusive Memorandum of Agreement for
the property located 2362 South Ocean Boulevard
SUMMARY:
On July 20, 2017, the Florida Department of Transportation (FDOT) and the Town of Highland
Beach entered into a Landscape Inclusive Maintenance Memorandum of Agreement
(“Agreement”) for the purpose of maintaining landscape improvements on State Road A1A
(South Ocean Boulevard). Since the execution of this Agreement, there have been seven (7)
amendments to the Agreement as follows (Note: Amendment No. 8 is pending, see below):
AMENDMENT
NUMBER
LOCATION FDOT PERMIT NO. DATE OF EXECUTED
AMENDMENT
1 3615 S. Ocean Blvd. 2019-L-496-00005 February 5, 2020
2 Several (crosswalks) 2020-L-496-00002 February 19, 2020
3 2352 S. Ocean Blvd. 2020-L-496-00005 December 21, 2020
4 2500 S. Ocean Blvd. 2021-L-496-00004 January 21, 2022
5 4005 S. Ocean Blvd. 2022-L-496-00008 September 13, 2022
6 3805 S. Ocean Blvd. 2023-L-496-00004 August 26, 2023
7 3521 S. Ocean Blvd. 2023-L-496-00006 October 10, 2023
8 3425 S. Ocean Blvd. 2023-L-496-00009 TBD*
Page 84
* The Applicant is scheduled to go before the Planning Board on December 14, 2023 for an amendment
to a previously approved landscape plan to reflect proposed landscaping in FDOT’s Right-of-Way. If
approved, Amendment No. 8 to the Agreement will come before the Commission accordingly.
Landscaping improvements are proposed to be installed in FDOT’s Right-of-Way (ROW)
along State Road A1A at 2362 South Ocean Boulevard and therefore an amendment (No. 9)
to the Agreement is required. While this amendment to the Agreement indicates that the Town
will maintain the additional landscape improvements, Section 28 -10(a) of the Town Code of
Ordinances, requires the property owner to be responsible for the maintena nce of all
landscaping on adjacent public rights-of way as follows:
Sec. 28-10. - Maintenance standards for cultivated landscape areas.
(a) General: The owner, and/or lessee of land subject to this chapter shall be
responsible for the maintenance of all landscaping located on their property and on
adjacent public rights-of-way, which shall be maintained in good condition so as to present
a healthy, neat and orderly landscape area which shall include, but not be limited to,
weeding, mulching, fertilizing, pruning, mowing, and edging as generally set forth in this
section.
At the June 08, 2023 Planning Board (“Board”) meeting, the Board granted a major
modification approval for the property which included the addition of two garages, a covered
entertainment area, and changes to the exterior façade and roof line (Development Order No.
22-0002). This approval included a landscape plan for the property and for the adjacent FDOT
ROW . The FDOT ROW landscaping approved by the Board is consistent with the ROW
landscaping plan approved by FDOT via permit number 2023-L-496-00005 except for the type
of sod to be provided. The ROW landscape plan approved by FDOT provides for ‘Floritam’ St.
Augustine sod while the ROW landscaping approved by the Board provides for Empire Zoysia
sod. This change in sod type is consistent with the Town Code of Ordinances. The Town’s
Public Works Director, Pat Roman, has indicated that the proposed landscaping in FDOT’s
ROW does not conflict with existing Town utilities.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Aerials
Resolution
Amendment Number nine (9) to FDOT Landscape Inclusive Memorandum of Agreement.
FDOT Inclusive Landscape Maintenance Memorandum of Agreement – July 20, 2017.
RECOMMENDATION:
At the discretion of the Town Commission
Page 85
236 2 South Ocea n Blvd.Palm Be ach Cou ntyNone
May 28, 2023
0 0.008 5 0.0170.004 25 m i
0 0.01 0.020.005 km
1:57 6
Crea te d b y: P alm Beach Co untyµPage 86
2362 South Ocean Blvd (Front)
01/10/2023
SUBJECT
SITE
Page 87
TOWN OF HIGHLAND BEACH
RESOLUTION NO. 2023-036
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENT NUMBER NINE TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION DISTRICT FOUR LANDSCAPE
INCLUSIVE MEMORANDUM OF AGREEMENT ON BEHALF OF THE
TOWN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 20, 2017, the Town of Highland Beach entered into a Landscape
Inclusive Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT), District Four, for the purpose of maintaining landscape improvements by the Town on
State Road A1A (South Ocean Boulevard); and
WHEREAS, since the execution of the Landscape Inclusive Maintenance Memorandum
of Agreement, there have been seven (7) amendments to the Agreement which were executed on
February 5, 2020 (FDOT Permit No. 2019-L-496-00005); February 19, 2020 (FDOT Permit No.
2020-L-496-00002); December 21, 2020 (FDOT Permit No. 2020-L-496-00005); January 21,
2022 (FDOT Permit No. 2021-L-496-00004); September 13, 2022 (FDOT Permit No. 2022-L-
496-0008); August 26, 2023 (FDOT Permit No. 2023-L-496-00004); and October 10, 2023 (FDOT
Permit No. 2023-L-496-00005 (amendment number eight (8) is currently pending Town
Commission approval (FDOT Permit No. 2023-L-496-00006); and
WHEREAS, new landscaping improvements (FDOT Permit No. 2023-L-496-00005) are
proposed to be installed in the State Road A1A right-of-way at 2362 South Ocean Boulevard; and
WHEREAS, these new landscaping improvements, as noted above, require an amendment
to the Landscape Inclusive Maintenance Memorandum of Agreement whereby the Town and
FDOT agree to the installation of the improvements at 2632 South Ocean Boulevard; and
WHEREAS, the purpose of this Resolution is to authorize the Mayor to execute, on behalf
of the Town, the amendment to the Landscape Inclusive Maintenance Memorandum of Agreement
attached to this Resolution; and
Page 88
Resolution No. 2023-036
2
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitations set forth above are true, accurate and correct and are
incorporated herein.
Section 2. The Mayor is hereby authorized to execute amendment number nine (9) to
the State of Florida Department of Transportation Landscape Inclusive Memorandum of
Agreement attached to this Resolution and made a part hereof.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
DONE AND ADOPTED by the Town Commission of the Town of Highland Beach,
Florida, 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
VOTES: YES NO
Mayor Natasha Moore
Vice Mayor David Stern
Commissioner Evalyn David
Commissioner Donald Peters
Commissioner Judith Goldberg
Page 89
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2023-L-496-00005\Highland Beach_Amend#9_2362Ocean_final.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00005
COUNTY: PALM BEACH
AMENDMENT NUMBER NINE (9) TO
FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT FOUR (4)
LANDSCAPE INCLUSIVE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AMENDMENT Number Nine (9) to the Agreement dated July 20, 2017, made and
entered into this ______ day of _______________ 20_____ by and between the State of
Florida Department of Transportation, hereinafter called the DEPARTMENT, and the TOWN OF
HIGHLAND BEACH, a municipal corporation of the State of Florida, hereinafter called the
AGENCY.
W I T N E S S E T H
WHEREAS, the parties entered into the Landscape Inclusive Maintenance
Memorandum of Agreement dated, July 20, 2017 for the purpose of maintaining the landscape
improvements by the AGENCY on State Road A1A (South Ocean Boulevard); and,
WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional
landscape by permit to be installed on State Road A1A (South Ocean Boulevard) in accordance
with the above referenced Agreement; and,
NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other,
the parties covenant and agree as follows:
1. Pursuant to Page 7, Paragraph 7 of the Landscape Inclusive Maintenance Memorandum
of Agreement for State Road A1A (South Ocean Boulevard) dated July 20, 2017, the
DEPARTMENT will allow an adjacent property owner to construct additional landscape
improvements or to modify an improvement as indicated in Exhibit "A", State Road A1A
(South Ocean Boulevard) from M.P. 7.644 to M.P. 7.629, in accordance with the plans
attached as Exhibit "B".
2. The AGENCY shall agree to maintain the additional landscape improvements in the
Agreement described above according to Part I of the Maintenance Plan, Exhibit "E” of
the original agreement and Part II as follows:
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2023-L-496-00005\Highland Beach_Amend#9_2362Ocean_final.doc
Part II - Specific Project Site Maintenance Requirements and Recommendations:
1. Medjool Palms are intended to be maintained at mature height and spread. Prune
once yearly, removing only those fronds that are dead or falling below 9 o’clock & 3
o’clock. Remove all fruit clusters.
2. Inspect groundcovers and shrubs on a bi-monthly basis for maintaining full ground
coverage.
3. Groundcover and shrub lateral growth shall be maintained to prevent foliage from
growing beyond the limits of the planting areas shown on the plan. Maintain a 2”
setback from the foliage to the back of curb, pavement, and/or sidewalk.
4. Maintain the vertical height of:
Podocarpus between 30” and 36”, full to ground
Muhly grass at mature height; trim down to 10” one time per year in winter
5. Evaluate plant material on a bi-monthly basis for pests and diseases. If required,
follow the integrated pest management program established by the Agency to ensure
healthy plants.
6. Joints and cracks in concrete, concrete pavers, concrete curbs, expansion joints,
catch basins, gutter areas, etc. shall be inspected on a bi-monthly basis to keep
those areas free of weeds.
7. Inspect the irrigation system performance on a bi-monthly basis to ensure the
system’s pressure is providing adequate coverage. Clean or replace any irrigation
nozzles that are not properly functioning.
8. Inspect synthetic turf driveway banding twice a year and repair or replace as required
per manufacturer’s recommendations.
Except as modified by this Amendment, all terms and conditions of the original Agreement
and all Amendments thereto shall remain in full force and effect.
LIST OF EXHIBITS
Exhibit A - Landscape Improvements Maintenance Boundaries Limits
Exhibit B - Landscape Improvement Plans
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2023-L-496-00005\Highland Beach_Amend#9_2362Ocean_final.doc
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day
and year first written above.
TOWN OF HIGHLAND BEACH
By: _____________________________ Date: _____________
Chairperson / Mayor / Manager
Attest: ___________________________ (SEAL)
Town Clerk
Legal Approval: ____________________
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: ______________________________ Date: ____________
Transportation Development Director
Attest: ____________________________ (SEAL)
Executive Secretary
Legal Review: ______________________________
Office of the District General Counsel
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2023-L-496-00005\Highland Beach_Amend#9_2362Ocean_final.doc
SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00005
COUNTY: PALM BEACH
EXHIBIT A
LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES LIMITS
I. ORIGINAL INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS:
State Road A1A (South Ocean Boulevard) from approximately ¼ mile North of Spanish
River Blvd (M.P. 4.868) to approximately ½ mile South of Linton Blvd (M.P. 7.711)
II. LANDSCAPE PERMIT PROJECT LIMITS (THIS PROJECT)*:
State Road A1A (2362 South Ocean Boulevard) from M.P. 7.644 to M.P. 7.629
*All other limits of the original agreement and amendments shall apply
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SECTION: 93060000
STATE ROAD: A1A
PERMIT: 2023-L-496-00005
COUNTY: PALM BEACH
EXHIBIT B
LANDSCAPE IMPROVEMENT PLANS
The AGENCY agrees to install the landscape improvements in accordance with the plans and
specifications attached hereto and incorporated herein.
Please see attached plans prepared by: James B. Euell, PLA
Suarez Engineering
October 30, 2023
Page 94
SCOPE OF WORK
STATE ROAD A1A (S. OCEAN BLVD)
MILE POST: 7.644 TO 7.629
FDOT SPECIFICATIONS AND
DESIGN STANDARDS
LOCATION MAP
PRIVATE RESIDENCE
2362 S. OCEAN BLVD
HIGHLAND BEACH, FL
TITLESHEET No.
INDEX OF SHEETS
LANDSCAPE ARCHITECTURE
LP-1
LIMITS OF CLEAR SIGHT PLAN
CS-1 COVER SHEET
FDOT LANDSCAPE PERMIT NO: 2023-L-496-00005
LINTON BLVD
SR
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LINDELL BLVD
US
1
PROJECT
SITE
Governing Standard Plans: Florida Department of
Transportation, FY 2022-23 Standard Plans for Road
and Bridge Construction and applicable Interim
Revisions (IRs)
Governing Standard Specifications: Florida Department
of Transportation, July 2022 Standard Specifications for
Road and Bridge Construction
ROADWAY DESIGN SPEED FOR A1A = 35 MPH
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LANDSCAPE PLAN
Page 95
2'-6"
10' SIGHT
TRIANGLE
EXISTING SOD
15" BAND OF MEXICAN BEACH
PEBBLES
34
MCG
1
PD
11
PM
1
PD 22
MCG
63 sf
SOD
55 sf
SOD
11
PM
1'
-
6
"
1'
-
6
"
EXISTING
ASPHALT
SIDEWALK
EXISTING
ASPHALT
SIDEWALK
POURED
CONCRETE
DRIVEWAY
SYNTHETIC TURF
INSERT. SEE
DETAIL
6"
SYNTHETIC TURF
INSERT. SEE DETAIL
6"
PALM TREES QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE NATIVE DROUGHT
PD 2 PHOENIX DACTYLIFERA `MEDJOOL`MEDJOOL DATE PALM FG/B&B 14` CT, NUT INCLUDED, MATCHED NO HIGH
SHRUBS QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE NATIVE DROUGHT SPACING
PM 11 PODOCARPUS MACROPHYLLUS YEW PINE -30" HT. X 24" SPD NO HIGH 24" o.c.
SOD/SEED QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE NATIVE DROUGHT SPACING
SOD 118 SF STENOTAPHRUM SECUNDATUM `FLORITAM``FLORITAM` ST. AUGUSTINE SOD SOD
TALL GROUND COVERS QTY BOTANICAL NAME COMMON NAME CONT CAL SIZE NATIVE DROUGHT SPACING
MCG 56 MUHLENBERGIA CAPILLARIS PINK MUHLY GRASS -YES 24" HT. X 24" SPR.YES MEDIUM 24" o.c.
PLANT SCHEDULE LANDSCAPE
GENERAL PLANTING REQUIREMENTS
All sizes shown for plant material on the plans are to be considered Minimum.
All plant material must meet or exceed these minimum requirements for both
height and spread. Any other requirements for specific shape or effect as noted
on the plan(s) will also be required for final acceptance.
All plant material furnished by the landscape contractor shall be Florida #1 or
better as established by "Grades and Standards for Florida Nursery Plants" and
"Grades and Standards for Florida Nursery Trees". All material shall be installed
as per CSI specifications.
All plant material shall be planted in planting soil that is delivered to the site in
a clean loose and friable condition. All soil shall have a well drained characteristic.
Soil must be free of all rocks, sticks, and objectionable material including weeds
and weed seeds as per CSI specifications.
Twelve inches (12") of planting soil 50/50 sand/topsoil mix is required around
and beneath the root ball of all trees and palms, and 1 cubic yard per 50 bedding
or groundcover plants.
All landscape areas shall be covered with Eucalyptus or sterilized seed free
Melaleuca mulch to a minimum depth of three inches (3") of cover when settled.
Cypress bark mulch shall not be used.
All plant material shall be thoroughly watered in at the time of planting; no dry
planting permitted. All plant materials shall be planted such that the top of the
plant ball is flush with the surrounding grade.
It is the sole responsibility of the landscape contractor to insure that all new
plantings receive adequate water during the installation and during all plant
warranty periods. Deep watering of all new trees and palms and any supplemental
watering that may be required to augment natural rainfall and site irrigation is
mandatory to insure proper plant development and shall be provided as a part
of this contract.
All plant material shall be installed with fertilizer, which shall be State approved
as a complete fertilizer containing the required minimum of trace elements in
addition to N-P-K, of which 50% of the nitrogen shall be derived from an organic
source as per CSI specifications.
Contractors are responsible for coordinating with the owners and appropriate
public agencies to assist in locating and verifying all underground utilities
prior to excavation.
The plan takes precedence over the plant list.
SPECIAL INSTRUCTIONS
General site and berm grading to +/- 1 inch (1") shall be provided by the general
contractor. All finished site grading and final decorative berm shaping shall be
provided by the landscape contractor.
All sod areas as indicated on the planting plan shall receive Stenotaphrum
secundatum, St. Augustine 'Palmetto' solid sod. It shall be the responsibility of
the landscape contractor to include in the bid, the repair of any sod which may be
damaged from the landscape installation operations.
A four-inch clear space must be left for air between plant bases and the mulch.
All landscape and lawn areas shall be irrigated by a fully automatic sprinkler
system adjusted to provide 100% coverage of all landscape areas. All heads
shall be adjusted to 100% overlap as per manufacturers specifications and
performance standards utilizing a rust free water source. Each system shall be
installed with a rain sensor.
All plant material (except SOD) as included herein shall be warranted by the
landscape contractor for a minimum period of 12 months,
SCALE: 1
8"=1'-0"
HIGLAND BEACH PLANTING CALCULATIONS
Percentage of Drought Tolerant / Native Trees
(Phoenix & Roystonia elata counted 1:1 / All others counted 3:1)
Total Trees / Palms
Total Native Trees / Palms
% Native or Drought Tolerant Trees / Palms
Percentage of Drought Tolerant Shrubs / Accents
Total Shrubs / Accents @ 24" planted ht. or greater
Total Shrubs / Accents
% Native or Drought Tolerant Shrubs / Accents
Landscape Area Provided
Landscape Area Percentage
Total Tree Requirement:
(Not including existing trees)
Residential Single Fmily
Total Area: 14,652 S.F. 0.33AC.
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FDOT LANDSCAPE PERMIT NO: 2023-L-496-00005
Page 96
390'-0"
STATE ROAD A1A
(S. OCEAN BLVD)
EDGE OF PAVEMENT
14' CLEAR ZONE PER FDM
CHAPTER 215.2.3
END PROJECT
MP 7.629
BEGIN PROJECT
MP 7.644
NON SIGNALIZED INTERSECTION
LIMITS OF CLEAR SIGHT LINE D=390'
PER FDM CHAPTER 212, EXHIBIT 212-4,
DESIGN SPEED: 35 MPH
EXISTING ASPALTH
SIDEWALK
EXISTING ASPHALT
SIDEWALK
SOD
SOD
2'-6"
1'-
6
"
1'-
6
"
14.5' DRIVER-EYE
SETBACK
LIMITS OF CLEAR SIGHT LINE
D=390' PER FDM CHAPTER
212,EXHIBIT 212-4,
DESIGN SPEED 35 MPH
FDOT ROW
EXISTING CABBAGE PALM, 30'
OA, TO BE REMOVED
BF
C
RS
IRRIGATION SYSTEM POC
CONTROLLER & RAIN SENSOR
LOCATION
EXISTING IRRIGATION WITHIN ROW
TO BE USED. REPAIR AND/OR
REPLACE AS NEEDED.
POURED CON
C
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DRIVEWAY
EXISTING FIRE HYDRANT ON
ADJACENT PROPERTY BLACK RIVER ROCK, TYP.
EXISTING POLE LIGHT, TO
BE REMOVED
EXISTNG POLE LIGHT, TO BE
REMOVED
EXISTING SANITARY
MANHOLE
14
'
-
6
"
EXISTING WATER
METER
EXISTING 4' WIDE BIKE LANE
SEW
SEW
SEW
SEW
SEW SEW
SEW
SEW SEW SEW SEW SEW SEW SEW SEW SEW SEW SEW
W W W W W W W W W W W W W W W W W W W W W W W W W
TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL
EXISTING TELEPHONE RISER
EXISTING CATV RISER
EXISTING GAS METER
12'-3"
EXISTING CATV BOX
EXISTING 4" STEEL GM.
EXISTING SEWER MAIN.
W
W
W
W
W
W W
W
W
W
W
W
EXISTING RPZBP TO BE
RELOCATED
4'-
0
"
EXISTING GAS LINE
IRRIGATION BACKFLOW
PREVENTER
LIMITS OF CLEAR SIGHT LINE
D=390' PER FDM CHAPTER
212,EXHIBIT 212-4,
DESIGN SPEED 35 MPH
390'-0"
01
#Native DBH Remain Remove Relocate Cond.Species
X8"
HEIGHT
FT. OA
50%
Exotic
Sabal palmetto / Cabbage Palm 30 FTYES
TREE DISPOSITION TABLE
“”
NORTH SCALE: 1"=20'-00"
0'10'20'40'60'
FDOT LANDSCAPE PERMIT NO: 2023-L-496-00005
1.GOVERNING STANDARD PLANS: Florida Department of Transportation, FY 2022-23 Standard Plans for Road and Bridge Construction and applicable Interim Revisions. (IR's)
website: https://www.fdot.gov/design/standardplans
2.GOVERNING STANDARD SPECIFICATIONS: Florida Department of Transportation, July 2022 Standard Specifications for Road and Bridge Construction.
website:
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LIMITS OF CLEAR
SIGHT PLAN
FDOT GENERAL NOTES
1.Architectural Pavers installation for sidewalks, medians, driveways, or roadways within the FDOT right of way shall comply with current FDOT Standard Specification 526.
Online Reference: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/programmanagement/implemented/specbooks/fy-2023-24/fy2023-24ebook.pdf?sfvrsn=6b69416d_6
FDOT PLANTING NOTES
1.For the portion of landscape plant material that will be installed within the FDOT Right of Way, landscape installation shall comply with current applicable FDOT Maintenance Specification 580. Online Reference:
ssm5800000wd-722-i17992.pdf (windows.net)
2.For the portion of landscape plant material that will be installed within the FDOT Right of Way refer to the FDOT Standard Plans Index 580-001 Landscape Installation.
Online Reference: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/design/standardplans/2023/idx/580-001.pdf?
3.Cypress Mulch is not permitted on FDOT right of way. Mulch permitted to be used are Hardwood Mulch (containing no Cypress products), Recycled Mulch or approved equal, certified by the Mulch and Soil Council (MSC). Submit
proof of certification to the FDOT District Operations Permit Landscape Inspector upon inspection.
4.Sodded areas will be in accordance with Standard Plans Index 570-010 and Standard Specifications Sections 162, 570, 981, 982, 983, 987 of the Department's latest edition of Governing Design Standards and Standard
Specifications. All disturbed areas will be sodded within one (1) week of installation of said permitted work.
Page 97
DRAINAGE PASS
THROUGH FOR WATER
POURED CONCRETE
DRIVEWAY.
INSTALL PER
MANUFACTURER
RECOMMENDATION OVER 4"
COMPACTED PAVER BASE
COARSE
SYNTHETIC TURF ADA
COMPLIANT:
3
4" HIGH SYNTIPEDE 343 OR
EQUAL APPROVED BY OWNER.
NAILERS AND/OR ADHESIVE PER
MANUFACTURER RECOMMENDATIONS
6"
NAILERS AND/OR ADHESIVE PER
MANUFACTURER RECOMMENDATIONS
FILL WITH POLYMERIC SAND PER
MANUFACTURER RECOMMENDATIONS
TOP OF TURF NOT TO BE
HIGHER THAN 1
4" ABOVE FINISH
FLOOR ELEVATION.
NOTE:
MAINTENANCE ON TURF
TO BE PROVIDED TWICE A
YEAR. REPAIR AND/OR
REPLACEMENT TO BE
COMPLETED AS REQUIRED
PER MANUFACTURER
RECOMMENDATIONS.
4" AGGREGATE BASE
SUBGRADE
FDOT GENERAL NOTES
FDOT PLANTING NOTES
1.For the portion of landscape plant material that will be installed
within the FDOT Right of Way landscape installation shall comply
with current FDOT Maintenance Specifications 580-2.1. Online
Reference:
http://www.fdot.gov/programmanagement/Maintenance/2022July/default.shtm.
2.For the portion of landscape plant material that will be installed
within the FDOT Right of Way refer to FDOT Standard Plans Index
580-001 Landscape Installation. Online Reference:
http://www.fdot.gov/design/standardplans/current/IDx/580-001.pdf
3.No Category I or II invasive plants shall be planted on FDOT right
of way.
4.Cypress Mulch is not permitted on FDOT right of way. Mulch
permitted to be used are Hardwood Mulch (containing no Cypress
products), Recycled Mulch or approved equal, certified by the
Mulch and Soil Council (MSC). Submit proof of certification to the
FDOT District Operations Permit Landscape Inspector upon
inspection.
1.GOVERNING STANDARD PLANS: Florida Department of
Transportation, FY 2022-23 Standard Plans for Road and Bridge
Construction and applicable Interim Revisions. (IR's)
website: https://www.fdot.gov/design/standardplans
2.GOVERNING STANDARD SPECIFICATIONS: Florida
Department of Transportation, July 2022 Standard Specifications
for Road and Bridge Construction.
website:
https://www.fdot.gov/programmanagement/implemented/specbooks
3.Contractor shall repair any and all damage done to FDOT property
during demolition, relocation &/or installation activities at his sole
expense.
4.Any plant material substitution within or impacting the FDOT Right
of Way whether requested by the Contractor, Owner, Landscape
Architect or other will need to get approval from the FDOT District
Landscape Architect.
5.Ownership of all suitable excavated materials, as determined by
the Department, shall remain in the Department until a final
acceptance of the permitted project is fullfilled. Excavated
materials shall be hauled by the Permittee, at their cost and
expense from the site to the Broward Operations Center or
stockpiled in those areas as directed by the Department, including
asphalt millings.
6.Maintenance of Traffic (MOT) for this project will comply with
FDOT Standard Plans Index (102 Series) and the latest edition of
the Manual of Uniform Traffic Control Devices (MUTCD). Special
attention will be given to FDOT Design Plans Standard Index
102-005, 102-010, 102-045, and 102-075.
7.Permittee will restore the Right-Of-Way as a minimum, to its
original condition or better in accordance w/ FDOT's latest
Standard Specifications for Road and Bridge Construction or as
directed by the Resident Operations Engineer.
8.Restricted hours of operations will be from 9:00am to 3:30pm,
(Monday-Friday), unless otherwise approved by the operations
Engineer, or designee.
9.Permittee will ensure that all locates have been performed prior to
scheduling of any WORKING activities. This shall include soft digs
to verify vertical and horizontal alignment.
10.Permittee will coordinate all work with Asset Managment. Contact
David Moore of Transfield Services at 954-317-8044,
moore@transfieldservices.com. Coordination will include a
Pre-Construction meeting.
Remove Container
NTS
3" Mulch Layer
50/50 Topsoil/sand mix
Backfill with 3-4" Planting Soil
Fertilizer Tabs or Eq.
Undisturbed Earth
Shrub & Ground Cover Planting Detail
See Specs. for Plant Spacing
Completely From Plant Ball
C
C: 18" for all 1 gal.
30" for all 3 gal. or greater
vines not included Fence, wall or
structure
NTS
FRONT
A
Typical Plant Spacing
A: 14" for all 1 gal.
24" for all 3 gal. or greater
NOTE: All shrub and groundcover masses to use
triangular spacing except as a singular hedge row or
where noted. Refer to the plant list for individual plant
spacing.
Curb or edge of pavement
B: 18" between all 1 gal. and 1 gal.
24" between all 1 gal. and 3 gal. 36"
between all 3 gal. and 3 gal. or greaterB
5-6" Water Ring
Banding Wire Around
5 Layers Burlap (Min.)
Palm Planting Detail
Undisturbed Earth
Completely From Plant Ball
Fertilizer Tabs or Eq.
50/50 Topsoil / sand mix
Backfill with 6" Planting Soil
2x4" Wood Battens
2x4" Wood Braces Nailed
Do Not Nail Wood Battens to Palm
Into the Wood Battens
Remove Burlap, String, Nails, etc.,
3" Mulch Layer
NTS
FDOT LANDSCAPE PERMIT NO: 2023-L-496-00005
PR
I
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A
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E
C
L
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N
T
TW
O
S
T
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Y
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O
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I
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I
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23
6
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.
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.
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A
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,
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L
3
3
4
8
7
LP-3
NOTES
& DETAILS
SCALE:3/8"=1'-0"
POURED CONCRETE / SYNTHETIC TURF SECTION
Page 98
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Page 144
File Attachments for Item:
B. Consideration of a request for a Town of Highland Beach Right-of-Way (ROW) permit
for the property located at 2362 South Ocean Boulevard.
Page 145
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE December 19, 2023
SUBMITTED BY: Ingrid Allen, Town Planner, Building Department
SUBJECT: Request for a Town of Highland Beach Right-of-W ay (ROW ) permit for
the property located at 2362 South Ocean Boulevard
SUMMARY:
On December 7, 2021, the Town Commission adopted Ordinance No. 2021 -018 which
provides for the protection of the public ROW while also allowing certain improvements.
Pursuant to Section 25-1 of the Town Code, it shall be unlawful to construct improvements or
install new trees in new locations within the public ROW including swales without first obtaining
a Town ROW permit from the Building Department unless waived or otherwise determined as
not required by the Town’s Public Works Director. At the same Town Commission meeting,
Resolution No. 2021-041 was adopted which requires Town Commission approval of ROW
permits for construction of improvements or placement of trees in new locations within State
Road A1A ROW . The latter approval is applicable until the Florida Department of
Transportation’s (FDOT) Resurfacing, Restoration and Rehabilitation Project (“RRR Project”)
is completed.
The Applicant is proposing a new single driveway and has received a driveway connection
permit (Permit No. 2023-A-496-00009) from FDOT (Attachment No. 1). Concurrent with this
request for a Town ROW permit, is an amendment to FDOT’s Landscape Inclusive
Memorandum of Agreement (“Agreement”) for the same property.
On June 8, 2023, the Planning Board granted a major modification approval (Development
Order No. 22-0002) for the property which included the addition of two garages, a covered
entertainment area, and changes to the exterior façade and roof line (motion carried 7-0).
FISCAL IMPACT:
N/A
ATTACHMENTS:
Attachment No. 1 - FDOT driveway connection permit (No. 2023-A-496-00009).
Page 146
RECOMMENDATION:
At the discretion of the Town Commission.
Page 147
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DRIVEWAY CONNECTION PERMIT
FOR ALL CATEGORIES
Access Classification:
See following pages for General and Special Provisions
PART 1: PERMIT INFORMATION
APPLICATION NUMBER:
Permit Category:
Project:
Permittee:
Section/Mile Post: State Road:
Section/Mile Post: State Road:
PART 2: PERMITTEE INFORMATION
Permittee Name:
Permittee Mailing Address:
City, State, Zip:
Telephone:
Engineer/Consultant/or Project Manager:
Engineer responsible for construction inspection:
NAME P.E. #
Mailing Address:
City, State, Zip:
Telephone:
PART 3: PERMIT APPROVAL
The above application has been reviewed and is hereby approved subject to all Provisions as attached.
Permit Number:
Department of Transportation
Title:
Special provisions attached
Date of Issuance:
Signature:
Department Representative's Printed Name
Temporary Permit (If temporary, this permit is only valid for 6 months)
If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only be
extended by the Department as specified in 14-96.007(6).
SYSTEMS PLANNING - 06/06
850-040-18
NOYES
NOYES
Page 1 of 3
Rule 14-96, F.A.C.
FAX, Mobile Phone, etc.
2023-A-496-00009
David Willens
David Willens Private Client, 2362 S Ocean Blvd Highland Bch 2 story home addition and renovation
MAINTENANCE MANAGER/PERMITS
2023-A-496-00009
David Willens
4
Eugene Kissner
4
/
Highland Beach, Florida 33487
/
(561) 866-2757 ext. ______
2362 South Ocean Boulevard
4/26/2023
A - less than 20 VTPD
Fax: / Mobile:
Eugene Kissner
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 148
PART 4: GENERAL PROVISIONS
1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed
work.
Phone: , Attention:
2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the
connection construction.
3.
Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.4.
Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic.
5. All work performed in the Department's right of way shall be done in accordance with the most current Department
standards, specifications and the permit provisions.
6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the
Department.
7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction.
8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the
Permittee must contact the Department.
9. Medians may be added and median openings may be changed by the Department as part of a
Construction Project or Safety Project. The provision for a median might change the operation of the connection
to be for right turns only.
10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department.
11. All approved connection(s) and turning movements are subject to the Department's continuing authority to modify
such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or
State Highway System.
12.Transportation Control Features and Devices in the State Right of Way. Transportation control features and
devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or
any other transportation control features or devices in the state right of way, are operational and safety
characteristics of the State Highway and are not means of access. The Department may install, remove or modify
any present or future transportation control feature or device in the state right of way to make changes to promote
safety in the right of way or efficient traffic operations on the highway.
13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and
obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any
and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her
heirs, assigns and successors in interest that may occur by reason of this facility design, construction,
maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under
this provision for damages arising from the sole negligence of the Department.
14. The Permittee shall be responsible for determining and notify all other users of the right of way.
15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit.
SYSTEMS PLANNING - 06/06
850-040-18
Page 2 of 3
Rule 14-96, F.A.C.
7863146067 Paul Donovan
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 149
NOYES
OTHER SPECIAL PROVISIONS:
PART 5: SPECIAL PROVISIONS
NON-CONFORMING CONNECTIONS:
If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this
permit.
1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit
Category on page 1 of this permit, or as specified in "Other Special Provisions" below.
2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the
future.
PART 6: APPEAL PROCEDURES
You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the
foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57
(1), Florida Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section
120.57(2), Florida Statutes. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
1.
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative
Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include
a copy of the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain:
2.
3.
4.
5.
6.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and
conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a
written statement for consideration by the Department.
Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by
all parties. The right to an adminstrative hearing is not affected when mediation does not result in a settlement.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2)
or Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have
waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be
conclusive and final.
Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and
identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any,
which shall be the address for service purposes during the course of the proceeding.
An explanation of how your substantial interests will be affected by the action described in the Notice;
A statement of when and how you received the Notice;
A statement of all disputed issues of material fact. If there are none, you must so indicate;
A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's
proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal
or modification of the agency's proposed action;
A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency's proposed
action.
SYSTEMS PLANNING - 06/06
850-040-18
Page 3 of 3
Rule 14-96, F.A.C.
4
SEE ATTACHMENT 'A'
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 150
Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RECEIPT OF CONNECTION APPLICATION
AND FEE (OR WAIVER OF FEE)
850-040-16
SYSTEMS PLANNING
06/17
(1) APPLICATION NUMBER:
APPLICANT:
(2) Name/Address:
(3) Project Name:
VEHICLES PER DAY FEE
(4) Fee Category A 1-20 $50.00
Category B 21-600 $250.00
Category C 601-1,200 $1,000.00
Category D 1,201-4,000 $2,000.00
Category E 4,001-10,000 $3,000.00
Category F 10,001-30,000 $4,000.00
Category G 30,001 + $5,000.00
Temporary $250.00
Safety NO FEE
Government Entity NO FEE
(5) Application Fee Collected $
Payment Type:
Money Order
Check (check number )
Cash
Credit Card (online only)
(6) Fee Collected By
Name (PRINT)
Signature
Date District Unit
(7) Receipt Given Back to Applicant Via
Hand Delivery Mail Courier Service Other Electronically
Applicant (or Agent) Signature (if available)
This form bears your application number and serves as your receipt.
(8) If fee is waived, give justification below or on separate sheet.
FOR AGENCY USE ONLY – ATTACH COPY OF CHECK ON THE NEXT PAGE
Make Checks payable to: State of Florida Department of Transportation
IMPORTANT NOTE: Even though your application has been accepted, it may not be
complete. We will contact you if more information is needed.
2362 South Ocean Boulevard
David Willens
David Willens
50.0
4
Highland Beach, Florida 33487
4
2023-A-496-00009
One-Stop Permitting
4
One-Stop Permitting
3/1/2023
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 151
1
0
/
6
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2
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:
5
5
P
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DESCRIPTION:
REVISION
LAST
ofSTANDARD PLANS
FY 2023-24 SHEETINDEX
Median
11102-601
TWO-LANE AND MULTILANE ROADWAY,
WORK BEYOND THE SHOULDER11/01/20
c. 15' or more from the traveled way.
b. More than 2' behind the curb,
a. Behind an existing barrier,
Offset Zone:
SYMBOLS:NOTES:
Work Area
Lane Identification and Direction of Traffic
3. Use Index 102-660 when Work Area encroaches a Sidewalk.
vehicles cross the Offset Zone in any one hour period.
and terminating the work area) requires that two or more work
2. Use Index 102-602 when the work operation (excluding establishing
including Medians of divided roadways, with work beyond the shoulder.
1. This Index applies to Two-Lane, Two-Way and Multilane Roadways,
MULTILANE ROADWAY SHOWN, TWO-LANE ROADWAY SIMILAR
Approved
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4/26/2023Page 152
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/
2
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2
3
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3
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:
3
5
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REVISION
LAST
ofSTANDARD PLANS
FY 2023-24 SHEETINDEX
ROAD WORK
END
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
AHEAD
WORK
ROAD
CLOSED
SHOULDER
RIGHT
ROAD WORK
END
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
AHEAD
WORK
ROAD
ROAD WORK
END AHEAD
WORK
ROAD
ROAD WORK
END
AHEAD
WORK
ROAD
CLOSED
SHOULDER
RIGHT
21102-602
TWO-LANE AND MULTILANE, WORK ON SHOULDER
11/01/21
6" White (See Note 7)
BL/3
L/3
NOTE:
of the "Shoulder Closed" sign (W21-5a).
"Worker" sign (W21-1) may be used instead
9. When there is no paved shoulder, the
distances for work on the median.
with associated work zone sign spacing
8. Omit "Shoulder Closed" signs (W21-5a) along
place for 3 days or less.
omitted when the work operation is in
7. Temporary pavement markings may be
hours or less.
work operation is in place for 24
distances may be omitted when the
associated work zone sign spacing
Work” Signs (G20-2) along with the
Present” signs (MOT-13-06) and “End Road
6. The “Speeding Fines Doubled When Workers
use a lane closure.
and work zone speed is greater than 45 MPH,
5. For work less than 2' from the traveled way
egress.
to accommodate work vehicle ingress and
work area), use a flagger or lane closure
(excluding establishing and terminating the
through traffic lanes in a one hour period
4. When four or more work vehicles enter the
or less.
devices for work operations 60 minutes
Engineer may omit signs and channelizing
15' from the edge of traveled way, the
3. Where work activities are between 2' and
channelizing device spacing values.
See Index 102-600 for “L”, “X”, "B", and
B = Buffer Length
X = Work Zone Sign Spacing
2. L = Taper Length
shoulder.
of divided roadways, with work on the
and Multilane Roadways, including Medians
1. This Index applies to Two-Lane, Two-Way
XXX
10' Min.
X
X
X
XXX
SYMBOLS:
Work Zone Sign
Work Area
Channelizing Device (See Index 102-600)
Lane Identification and Direction of Traffic
W21-5a
W20-1F
W20-1F
W21-5a
W20-1F (See Note 6)
MOT-13-06 (See Note 6)
G20-2
WITH WORK ZONE SPEED OF 45 MPH OR LESS
SHOULDER WORK LESS THAN 2' FROM THE TRAVELED WAY
TWO-LANE ROADWAY
(See Note 6)
G20-2
(See Note 6)
MOT-13-06
SHOULDER WORK BETWEEN 2' AND 15' FROM THE TRAVELED WAY
TWO-LANE ROADWAY
(See Note 6)
G20-2
(See Note 6)
G20-2
W20-1F
Approved
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CLOSED
SHOULDER
RIGHT
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
AHEAD
WORK
ROAD
ROAD WORK
END
CLOSED
SHOULDER
RIGHT
AHEAD
WORK
ROAD
ROAD WORK
END
22102-602
TWO-LANE AND MULTILANE, WORK ON SHOULDER
11/01/20
6" White (See Note 7)
Median
Median
BL/3
L/3
10' Min.
X XX X
XX X
SYMBOLS:
Work Zone Sign
Work Area
Channelizing Device (See Index 102-600)
Lane Identification and Direction of Traffic
(See Note 8)
W21-5a
(See Note 8)
W21-5a
WITH WORK ZONE SPEED OF 45 MPH OR LESS
SHOULDER WORK LESS THAN 2' FROM THE TRAVELED WAY
MULTILANE ROADWAY
SHOULDER WORK BETWEEN 2' AND 15' FROM THE TRAVELED WAY
MULTILANE ROADWAY
W20-1F (See Note 6)
MOT-13-06 (See Note 6)
G20-2
W20-1F (See Note 6)
G20-2
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(See Note 4)
Temporary Raised Rumble Strip Set
(See Note 4)
Temporary Raised Rumble Strip Set
ROAD WORK
END AHEAD
FLAGGER
AHEAD
STRIPS
RUMBLE
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
AHEAD
WORK
ROAD
AHEAD
ROAD
ONE LANE
ROAD WORK
END
AHEAD
FLAGGER
AHEAD
ROAD
ONE LANE
CLOSED
SHOULDER
RIGHT
AHEAD
STRIPS
RUMBLE
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
AHEAD
WORK
ROAD
2"
2"
2'
S
pa
ci
n
g (
T
y
p.)
1
Set
1
SetStrip In Line
Center Rumble
3
Stri
ps
Per
Set
4
Stri
ps
Per
Set
1'-
0"
4"
Tape (Typ.)StripingRemovable
(Typ.)
Rumble Strip
Portable Type
(Yellow)Centerline
LaneTravelEdge of
(Yellow)Centerline
LaneTravelEdge of
Pa
ve
d
S
h
o
ul
d
er
Pa
ve
d
S
h
o
ul
d
er
Edge Line (White)
Edge Line (White)
2
0'
S
p
a
ci
n
g (
T
y
p.)
21102-603
TWO-LANE, TWO-WAY
WORK WITHIN THE TRAVEL WAY11/01/21
XX
X BXXX
XXX250'
50'-100'
50'-100'
25' -50'
XX
NOTES:
train warning devices are in place.
the highway-rail grade crossing, even if automatic
grade crossing to prevent vehicles from stopping within
traffic control officer or flagger at the highway-rail
crossing cannot be avoided, provide a uniformed
b. If the queuing of vehicles across an active railroad
extend the Buffer Space as shown on Sheet 2.
the Work Area than the queue length plus 300 feet,
a. If an active railroad crossing is located closer to
8. Railroad Crossings:
and the APL vendor drawings.
used in accordance with Specification Sections 102, 990
7. Automated Flagger Assistance Devices (AFADs) may be
hours or less.
omitted when the work operation will be in place for 24
along with associated work zone sign spacing, may be
signs (MOT-13-06) and "End Road Work" signs (G20-2),
6. The "Speeding Fines Doubled When Workers Present"
communication at all times.
the flaggers must be in sight of each other or in direct
When flaggers are the sole means of one-way control,
d. Traffic signals
c. Pilot vehicles
b. Official vehicle
a. Flag-carrying vehicle
following means:
5. Additional one-way control may be provided by the
work zone sign spacing.
Strips Ahead" signs (MOT-18-10) and associated
raised rumble strips are not used, omit "Rumble
duration is greater than 60 minutes. If temporary
posted speed is 55 mph or greater and the work
4. Use temporary raised rumble strips when the existing
(W20-7A).
(W20-7) instead of "Flagger Ahead” sign with text
3. Optionally, use "Flagger Ahead" sign with symbol
device spacing values.
See Index 102-600 for “L”, “B”, “X” and channelizing
X = Work Zone Sign Spacing
B = Buffer Length
2. L = Taper Length
with work within the traveled way.
1. This Index applies to Two-Lane, Two-Way Roadways
W20-1F
W21-5a
SYMBOLS:
Work Area
Work Zone Sign
Flagger
Channelizing Device (See Index 102-600)
Lane Identification and Direction of Traffic
PORTABLE TYPE
OPTION - 2
RUMBLE STRIP SETS
REMOVABLE STRIPING TYPE
OPTION - 1
W20-4 (See Note 4)
MOT-18-10
(See Note 3)
W20-7A
(See Note 6)
G20-2 (See Note 6)
MOT-13-06
(See Note 6)
G20-2
(See Note 3)
W20-7AW20-4
(See Note 4)
MOT-18-10W20-1F (See Note 6)
MOT-13-06
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Tangent
X
375'
250'X
X 50' to 100'
Tangent
Extended Buffer Space
15' Clear (Typ., Each Side)
B B
Edge of Existing Travel Lane (Typ.)
Edge of Existing Paved Shoulder (Typ.)
X X
R/R Tracks
50' to 100'
50' to 100'50' to 100'
X
25'-50'
DO NOT
STOP
ON
TRACKS
Shifted Lane (11' Min.)
CLOSED
SHOULDER
RIGHT
AHEAD
ROAD
ONE LANE
AHEAD
FLAGGER
X
Cont. Layout
22102-603
TWO-LANE, TWO-WAY
WORK WITHIN THE TRAVEL WAY11/01/21
Work Area
Work Area
TEMPORARY RAILROAD CROSSING BUFFER SPACE EXTENSION
TEMPORARY LANE SHIFT TO SHOULDER WHEN WORK AREA ENCROACHES ON THE CENTERLINE
(See Sheet 1)
Cont. Layout
(See Sheet 1)
Cont. Layout
(See Sheet 1)
Cont. Layout
SPECIAL CONDITIONS
(For Work Operations In place 24 Hours or Less)
SYMBOLS:
Work Area
Work Zone Sign
Flagger
Channelizing Device (See Index 102-600)
Lane Identification and Direction of Traffic
(See Note 3)
W20-7A
W20-4 W21-5a
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 156
1
0
/
6
/
2
0
2
2
1
:
2
8
:
3
5
P
M
R
E
V
I
S
I
O
N
DESCRIPTION:
REVISION
LAST
ofSTANDARD PLANS
FY 2023-24 SHEETINDEX
DETOUR
DETOUR
DETOUR
DETOUR DETOUR
DETOUR
R9-11AL
PEDESTRIAN DETOUR
(See Note 4)
R9-10
(See Notes 4 and 5)
Advance Closure LCD
(See Notes 4 and 5)
Advance Closure LCD
AHEAD
WORK
ROAD
W20-1F
AHEAD
WORK
ROAD
CROSS HERE
AHEAD
SIDEWALK CLOSED
CROSS HERE
AHEAD
SIDEWALK CLOSED
CLOSED
SIDEWALK
USE OTHER SIDE
SIDEWALK CLOSED
USE OTHER SIDE
SIDEWALK CLOSED
21102-660
SIDEWALK CLOSURE
11/01/20
M4-9BR
M4-9BL
M4-9BL
M4-9BR
R9-11AR
M4-9BL
M4-9BR
(See Note 4)
R9-10
(See Note 4)
R9-9
W20-1F
SYMBOLS:
Work Area
NOTES:
facilities (e,g,, transit stops, residences, or business entrances).
5. Omit the Advance Closure LCD if it blocks access to other pedestrian
in accordance with the manufacturer's instructions.
4. "Sidewalk Closed" signs (R9-XX) may be mounted on pedestrian LCDs
panel to the surface of the sidewalk.
maintain a minimum 7’ clearance from the bottom of the sign
3. For post mounted signs located near or adjacent to a sidewalk,
2. Place pedestrian LCDs across the full width of the closed sidewalk.
closed crosswalks.
1. Cover or deactivate pedestrian traffic signal display(s) controlling
Work Zone Sign
Lane Identification and Direction of Traffic
Pedestrian Longitudinal Channelizing Device (LCD)
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 157
2
/
2
1
/
2
0
2
3
1
0
:
1
9
:
1
0
A
M
R
E
V
I
S
I
O
N
DESCRIPTION:
REVISION
LAST
ofSTANDARD PLANS
FY 2023-24 SHEETINDEX
C C
Existing Sidewalk
Existing Sidewalk
Temporary Barrier
6" White
W20-1F
AHEAD
WORK
ROAD
W20-1F
AHEAD
WORK
ROAD
W20-5
AHEAD
CLOSED
RIGHT LANE
Note 4)
(See General
MOT-13-06
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
W4-2
ROAD WORK
END
(See Note 4)
G20-2
Existing Sidewalk
6" White
W20-1F
AHEAD
WORK
ROAD
W20-5
AHEAD
CLOSED
RIGHT LANE
Note 4)
(See General
MOT-13-06
PRESENT
WHEN WORKERS
DOUBLED
SPEEDING FINES
W4-2
ROAD WORK
END
(See Note 4)
G20-2
M
i
n
.
2
'
-
0
"
C C
22102-660
SIDEWALK CLOSURE
11/01/21
PEDESTRIAN SPECIAL DETOUR
(Temporary Barrier Shown, Low Profile Barrier Similar)
PEDESTRIAN DIVERSION - OPTION 1
(Work Zone Speed 35 mph or Less)
PEDESTRIAN DIVERSION - OPTION 2
100'
100'
B XLXXXX
X
B XLXXXX
Merge
Arrow Board Mode:
Merge
Arrow Board Mode:
SYMBOLS:
NOTES:
Temporary Pedestrian Way
Work Area
Pedestrian Longitudinal Channelizing Device (LCD)
Work Zone Sign
Channelizing Device (See Index 102-600)
Lane Identification and Direction of Traffic
Arrow Board
Crash Cushion
Plans or as approved by an Engineer.
5. Pedestrian Diversion Option 2 may only be used when called for in the
hours or less.
distances, may be omitted when the work operation will be in place for 24
and "End Road Work" signs (G20-2), along with associated work zone sign
4. The "Speeding Fines Doubled When Workers Present" signs (MOT-13-06)
for curb ramps diverting pedestrian traffic into a closed lane.
requirements of Index 522-002. Detectable warnings are not required
3. When temporary pedestrian ways require curb ramps, meet the
5' in width at intervals not to exceed 200'.
Provide a 5' x 5' passing space for temporary pedestrian ways less than
of 0.02, except where space restrictions warrant a minimum width of 4'.
2. Provide a 5' wide temporary pedestrian way with a maximum cross-slope
See Index 102-600 for "L", "B", "X", channelizing device spacing values.
X = Work Zone Sign Distance
B = Buffer Length
1. L = Taper Length
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 158
Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 1 of 3
PART 1: PERMIT INFORMATION
Application Number: 2023-A-496-00009
Permit Category: A - less than 20 VTPD Access Classification:
Project: 2362 South Ocean Boulevard
Permittee: David Willens
Section/Mile Post: 7.214 State Road: A1A
Section/Mile Post: 7.752 State Road: A1A
PART 2: PERMITTEE INFORMATION
Permittee Name: David Willens
Permittee Mailing Address: 2362 South Ocean Boulevard
City, State, Zip: Highland Beach, FL 33487
Telephone: (561) 866-2757
Engineer/Consultant/or Project Manager: Jesus Suarez, P.E.
Engineer responsible for construction inspection: Jesus Suarez 74556 NAME P.E. #
Mailing Address: 13350 SW 131st Street, Suite 103
City, State, Zip: Miami, FL 33186
Telephone: 3055961799 Mobile Phone: 7868536031
PART 3: PERMIT APPROVAL
The above application has been reviewed and is hereby approved subject to all Provisions as attached.
Permit Number:
Department of Transportation
Signature: Title:
Department Representative’s Name:
Temporary Permit: YES NO (If temporary, this permit is only valid for 6 months)
Special provisions attached: YES NO
Date of Issuance:
If this is a normal (non-temporary) permit it authorizes construction for one year from the date of issuance. This can only
be extended by the Department as specific in 14-96.007(6).
See following pages for General and Special Provisions
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 159
Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 2 of 3
PART 4: GENERAL PROVISIONS
1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work.
Phone: , Attention:
2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection
of construction.
3. Comply with Rule 14-96.008(1), F.A.C., Disruption of Traffic.
4. Comply with Rule 14-96.008(7), F.A.C., on Utility Notification Requirements.
5. All work performed in the Department’s right of way shall be done in accordance with the most current Department
standards, specifications and the permit provisions.
6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the
Department.
7. Comply with Rule 14-96.003(3)(a), F.A.C., Cost of Construction.
8. If a Significant Change of the permittee’s land use, as defined in Section 335.182, Florida Statutes, occurs, the
Permittee must contact the Department.
9. Medians may be added and median openings may be changed by the Department as part of a Construction Project
or Safety Project. The provision for a median might change the operation of the connection to be for right turns
only.
10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department.
11. All approved connection(s) and turning movements are subject to the Department’s continuing authority to modify
such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or
State Highway System.
12. Transportation Control Features and Devices in the State Right of Way. Transportation control features and
devices in the Department’s right of way, including, but not limited to, traffic signals, medians, median openings, or
any other transportation control features or devices in the state right of way, are operational and safety
characteristics of the State Highway and are not means of access. The Department may install, remove or modify
any present or future transportation control feature or device in the state right of way to make changes to promote
safety in the right of way or efficient traffic operations on the highway.
13. The Permittee for him/herself, his/her heirs, his/her assigns and successors in interest, binds and is bound and
obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any
and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant, his/her
heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance,
or continuing existence of the connection facility, except that the applicant shall not be liable under this provision for
damages arising from the sole negligence of the Department.
14. The Permittee shall be responsible for determining and notify all other users of the right of way.
15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit.
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 160
Rule 14-96, F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRIVEWAY/CONNECTION PERMIT
FOR ALL CATEGORIES
850-040-18
SYSTEMS PLANNING
06/06
Page 3 of 3
PART 5: SPECIAL PROVISIONS
NON-CONFORMING CONNECTIONS: YES NO
If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a
part of this permit.
1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the
Permit Category on page 1 of this permit, or as specified in “Other Special Provisions” below.
2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available
in the future.
OTHER SPECIAL PROVISIONS:
PART 6: APPEAL PROCEDURES
You may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes. If you dispute the facts stated in the foregoing
Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57(1), Florida
Statutes. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120.57(2), Florida
Statutes. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), Florida Administrative Code,
and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after you received the Notice. The petition must include a copy of
the Notice, be legible, on 8 1/2 by 11 inch white paper, and contain:
1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and
identification number of each agency affected, if known, and the name, address, and telephone number of your representative, if any, which
shall be the address for service purposes during the course of the proceeding.
2. An explanation of how your substantial interests will be affected by the action described in the Notice;
3. A statement of when and how you received the Notice;
4. A statement of all disputed issues of material fact. If there are none, you must so indicate;
5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency’s
proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or
modification of the agency’s proposed action;
6. A statement of the relief sought, stating precisely the desired action you wish the agency to take in respect to the agency’s proposed action.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and
conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a
written statement for consideration by the Department.
Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all
parties. The right to an administrative hearing is not affected when mediation does not result in a settlement.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or
Rule 28-106.301(2), Florida Administrative Code. If you fail to timely file your petition in accordance with the above requirements, you will have waived
your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and
final.
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 161
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 162
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 163
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 164
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 165
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 166
SO
U
T
H
O
C
E
A
N
B
L
V
D
IN
T
R
A
-
C
O
A
S
T
A
L
W
A
T
E
R
W
A
Y
EVERGREEN DRIVE
DOGWOOD DRIVE
CYPRESS DRIVE
FERN DRIVE
GARDENIA DRIVE
KNOW WHAT'S BELOW
ALWAYS CALL 811
BEFORE YOU DIG
It's fast. It's free. It's the law.
www.callsunshine.com
811
PRIVATE CLIENT
TWO STORY HOME ADDITION AND
RENOVATION
2362 SOUTH OCEAN BOULEVARD,
HIGHLAND BEACH, FL 33487
PAVING, GRADING & DRAINAGE
PLANS
CS-1
CO
V
E
R
S
H
E
E
T
SHEET NO.
PROJECT NAME:
PROJECT ADDRESS:
PROJECT NUMBER:
CLIENT:
SUAREZ ENGINEERING
& SURVEYING, INC
13350 SW 131ST STREET
SUITE 103
MIAMI, FL 33186
Tel: 305.596.1799
2362 SOUTH OCEAN BLVD
HIGHLAND BEACH, FL 33487
PRIVATE CLIENT
TWO STORY
HOME ADDITION AND
RENOVATION
DATE
REVISIONS
BY DESCRIPTION
23
6
2
S
O
U
T
H
O
C
E
A
N
B
L
V
D
C100-2021-60
C100-2021-60
AS SHOWN
J.S.
J.S.
J.S.
10/14/2021
PROJECT
LOCATION
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 167
4.9
1
4.9
5
4.9
54.4
1
4.3
7
4.1
6
4.2
7
4.5
0
4.5
9
5.2
7
4.9
9
5.4
9
4.9
65.2
7
5.1
4
5.4
6
5.2
8
4.8
1
4.9
9
4.8
9
5.1
5
5.0
4
4.7
04.8
2
5.2
9
5.0
8
5.3
06.2
1
6.2
4
5.2
7
5.3
5
5.4
2
5.3
2
5.0
4
5.1
1
5.3
1
6.2
6
5.5
8
6.1
9
6.2
4
4.9
8
4.8
8
5.1
7
4.6
8
5.1
5
4.5
13.7
3
4.2
8
3.7
3
5.0
4
5.1
7
5.0
7
5.1
4
5.2
1 5.2
2
6.1
7
6.2
8
6.2
2
6.1
0
4.9
5
4.9
54.9
5
3.8
83.6
8
4.9
5
3.6
5
5.0
1
4.7
0
4.2
23.6
7
4.6
6
4.5
1
4.5
5
4.7
1
5.0
0
5.1
6
5.1
3
5.1
2
5.1
2 5.1
0
4
.
6
2
SE
W
SE
W
SE
W
SE
W
SE
W
SE
W
SE
W
SE
W
SE
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
TE
L
TE
L
TE
L
TE
L
TE
L
TE
L
TE
L
TE
L
TE
L
W W
W W
PROP. NEW
CUSTOM HOME
SINGLE FAMILY HOME
F.F.E.= +7.14 NAVD
POOL
TWO CAR GARAGE
EL = 6.60 NAVD
WOOD DECK
IN
T
R
A
-
C
O
A
S
T
A
L
W
A
T
E
R
W
A
Y
S.
O
C
E
A
N
B
O
U
L
E
V
A
R
D
EXIST.
SEAWALL
TO REMAIN
D
D
B
B
C
A
C
EXIST.
DOCK
A
TWO CAR GARAGE
EL = 6.60 NAVD
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
R/W LINE
EXIST. ASPHALT PATH
TO REMAIN
MATCH EXIST.
PAVEMENT
5.10
5.10
6.006.10
6.306.50
6.30
6.30
6.30
6.10
7.00
EXIST. RPZBP
TO BE RELOCATED
EXIST. LIGHT POLE
TO BE RELOCATED
(BY OTHERS)
EXIST. E.O.P.
5.75
5.50
6.00
7.00
PROP. WALL
(BY OTHERS)
PROP. WALL
(BY OTHERS)
4.00
6.50
5.00
7.00
7.00
7.00
6.50
6.50
PROP. DRIVEWAY
NEW CONC. SLABS
(6" THICK)
PROP. 32'-12" H.D.P.E.
& 35'-12" P.H.D.P.E.
W/ 3' WIDE TRENCH
S-6
5.00S-5
6.27
6.10 5.50 (BELOW SLAB)
S-2
7.33
5.50
S-7
5.00
S-4
5.50 (BELOW SLAB)
S-1 5.00
S-3
5.25
4.40
4.60
4.50
4.00
PROP. 4" X 8" TEE
PROP. 78' - 8" HDPE
@ 1% SLOPE
PROP. 48' - 8" HDPE
@ 1% SLOPE
PROP. 4" PVC FOR
DOWNSPOUT CONNECTION
(CONTRACTOR TO ADD BENDS
AND MANIFOLD AS NEEDED)
PROP. 4" PVC FOR
DOWNSPOUT AND
CONDENSATE CONNECTION
(CONTRACTOR TO ADD BENDS
AND MANIFOLD AS NEEDED)
PROP. 13' - 8" HDPE
PROP. 45' - 8" HDPE
@ 1% SLOPEPROP. 70' - 8" HDPE
@ 1% SLOPE
PROP. 4" X 8" TEE
PROP. 4" PVC FOR DOWNSPOUT AND
CONDENSATE CONNECTION
(CONTRACTOR TO ADD BENDS
AND MANIFOLD AS NEEDED)
PROP. 4" PVC FOR
LINEAR POOL DRAIN
CONNECTION
(CONTRACTOR TO ADD
BENDS AS NEEDED)
SPA
FIREPIT
6.00
6.00
COVERED
ENTERTAINMENT
OUTDOOR
KITCHEN
TERRACE
PROP. 4" X 8" TEE
PROP. 4" PVC FOR DOWNSPOUT
AND CONDENSATE CONNECTION
(CONTRACTOR TO ADD BENDS
AND MANIFOLD AS NEEDED)
5.90
6.30
5.90
5.50
6.50
6.50
6.50
EE
EXIST. CATV
CORD
EXIST. TELEPHONE
CORD
EXIST. TELEPHONE
RISER
EXIST. 4" STEEL GM
EXIST. WATERMAIN
EXIST. SEWERMAIN
EXIST. CATV
CORDEXIST. CATV
BOX
EXIST. GAS
METER
EXIST. F.H.
EXIST. CATV
BOX RISER
5.05 5.00
5.05
SAW-CUT ASPHALT PATH
AT PROPOSED DRIVEWAY
CONTRACTOR TO
HARMONIZE AS NEEDED
SAW-CUT ASPHALT PATH
AT PROPOSED DRIVEWAY
CONTRACTOR TO
HARMONIZE AS NEEDED
F
F
4.90
4.95
PROPERTY LINE
EXIST. SEAWALL
TO REMAIN
EXIST. WOOD DECK
INTRA-COASTAL WATERWAY
PROP. POOL
DECK
SWALE (VARIES 6.4' - 7.5')
PROP. CONC. D/W
R/W LINE
PROP. WALL
(BY OTHERS)
PROP. 8" IN-LINE DRAIN
MATCH EXIST.
5.75 5.50
5.00 5.25
F.F.EL. = +7.00 NAVD 1:4 MAX 1:4 MAX
PROPERTY LINE
PROP. NEW CUSTOM
HOME
PROP. SWALE
MATCH EXIST.
PROP. WALL
(BY OTHERS)
12.7' SWALE AREA
10' SWALE AREA
F.F.EL. = +7.00 NAVD 1:4 MAX
PROPERTY LINE
PROP. NEW CUSTOM
HOME
PROP. WALL
(BY OTHERS)
PROP. CONC.
TILES
MATCH EXIST.
6.50
R/W LINE
23'
PROP. 2 CAR
GARAGE
EL = 6.60 N.A.V.D.
PROP. CONC. D/W SLABS
6" THICK
PUBLIC R/W
SOUTH OCEAN BLVD.
PROP. TRENCH
SWALE (WIDTH VARIES)
16'-18' (VARIES)
PROP. CONC. D/W SLAB
6" THICK
R/W LINE
CENTER LINE
11' SB TRAVEL LANE
WALKABLE AREA
(VARIES 7'-11' )7'-10' (VARIES)
5.10
5.10
5.90
5.05 4.50
MATCH EXIST.
4'
SHOULDER
34.7' DRIVEWAY APPROACH
3%
2% MAX
SLOPE
PA
V
I
N
G
,
G
R
A
D
I
N
G
&
D
R
A
I
N
A
G
E
P
L
A
N
PD-1
DRAINAGE STRUCTURE SCHEDULE
SHEET NO.
PROJECT NAME:
PROJECT ADDRESS:
PROJECT NUMBER:
CLIENT:
SUAREZ ENGINEERING
& SURVEYING, INC
13350 SW 131ST STREET
SUITE 103
MIAMI, FL 33186
Tel: 305.596.1799
2362 SOUTH OCEAN BLVD
HIGHLAND BEACH, FL 33487
PRIVATE CLIENT
TWO STORY
HOME ADDITION AND
RENOVATION
DATE
REVISIONS
BY DESCRIPTION
23
6
2
S
O
U
T
H
O
C
E
A
N
B
L
V
D
C100-2021-60
C100-2021-60
AS SHOWN
J.S.
J.S.
J.S.
10/14/2021
SECTION C-C
N.T.S.
SECTION A-A
N.T.S.
SECTION B-B
N.T.S.
SECTION D-D
N.T.S.
SECTION E-E
N.T.S.
SECTION F-F
N.T.S.
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023
Digitally signed by Jesus Suarez
Reason: I am the author of this
document
Location: Miami, FL
Date: 2023.04.06 15:55:01 -04'00'
Page 168
3/4" WASH ROCK TOP OF TRENCH EL. 4.00
INVERT EL. 2.00
BOTTOM OF TRENCH EL. 1.00
12" P.H.D.P.E.
3'
M
I
N
.
3' MIN.
FILTER FABRIC
6" THICK CONC. SLAB
12" STABILIZED SUBGRADE
THE BACKFILL MATERIAL SHALL BE CRUSHED STONE OR OTHER
GRANULAR MATERIAL MEETING THE REQUIREMENTS OF CLASS I,
CLASS II, OR CLASS III MATERIAL AS DEFINED IN ASTM D2321.
BEDDING & BACKFILL FOR SURFACE DRAINAGE INLETS SHALL BE
PLACED & COMPACTED UNIFORMLY IN ACCORDANCE WITH ASTM D2321.
SOLID COVER
8" MIN THICKNESS GUIDELINE
4" MIN ON 12" - 24"
6" MIN ON 30" & 36"
MINIMUM PIPE BURIAL
DEPTH PER PIPE
MANUFACTURER
RECOMMENDATION
18" MIN
BOTTOM FLANGE OF
FRAME MUST BE
SUPPORTED BY
CONCRETE COLLAR
I.E. = 2.00
NEW 6" CONC. SLAB DRIVEWAY
8" HDPE
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PD-2
SHEET NO.
PROJECT NAME:
PROJECT ADDRESS:
PROJECT NUMBER:
CLIENT:
SUAREZ ENGINEERING
& SURVEYING, INC
13350 SW 131ST STREET
SUITE 103
MIAMI, FL 33186
Tel: 305.596.1799
2362 SOUTH OCEAN BLVD
HIGHLAND BEACH, FL 33487
PRIVATE CLIENT
TWO STORY
HOME ADDITION AND
RENOVATION
DATE
REVISIONS
BY DESCRIPTION
23
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C100-2021-60
AS SHOWN
J.S.
J.S.
J.S.
10/14/2021
TRENCH DETAIL
N.T.S.
S-1 AND S-2
CONNECTION DETAIL
N.T.S.
12" YARD DRAIN DETAIL
N.T.S.
8" YARD DRAIN DETAIL
N.T.S.
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 169
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PROPERTY LINE
INSTALL PERIMETER
SILT FENCE (TYP.)
(SEE DETAILS)
PROP. NEW
CUSTOM HOME
SINGLE FAMILY HOME
F.F.E. = +7.14 NAVD
4.9
1
4.9
5
4.9
54.4
1
4.3
7
4.1
6
4.2
7
4.5
0
4.5
9
5.2
7
4.9
9
5.4
9
4.9
6
5.2
7
5.1
4
5.4
6
5.2
8
4.8
1
4.9
9
4.8
9
5.1
5
5.0
4
4.7
04.8
2
5.2
9
5.0
8
5.3
06.2
1
6.2
4
5.2
7
5.3
5
5.4
2
5.3
2
5.0
4
5.1
1
5.3
1
6.2
6
5.5
8
6.1
9
6.2
4
4.9
8
4.8
8
5.1
7
4.6
8
5.1
5
4.5
1
3.7
3
4.2
8
3.7
3
5.0
4
5.1
7
5.0
7
5.1
4
5.2
1 5.2
2
6.1
7
6.2
8
6.2
2
6.1
0
4.9
5
4.9
54.9
5
3.8
83.6
8
4.9
5
3.6
5
5.0
1
4.7
0
4.2
23.6
7
4.6
6
4.5
1
4.5
5
4.7
1
5.0
0
5.1
6
5.1
3
5.1
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5.1
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0
4
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6
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INSTALL PERIMETER
SILT FENCE (TYP.)
(SEE DETAILS)
TWO CAR GARAGE
EL = 6.60 NAVD
TWO CAR GARAGE
EL = 6.60 NAVD
POOL
PROP.
DOCK
SPA BEACH
ENTRANCE
POOL
DECK
PROP.
DRIVEWAY
PROPERTY LINE
R/W LINE
PROPERTY LINE
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FLOATING TURBIDITY
BARRIER (SEE DETAILS)
INSTALL FILTER FABRIC
UNDER YARD DRAIN GRATE (TYP.)
(SEE DETAILS)
INSTALL FILTER FABRIC
UNDER YARD DRAIN GRATE (TYP.)
(SEE DETAILS)
INSTALL FILTER FABRIC
UNDER YARD DRAIN GRATE (TYP.)
(SEE DETAILS)
INSTALL FILTER FABRIC
UNDER YARD DRAIN GRATE (TYP.)
(SEE DETAILS)
INSTALL FILTER FABRIC
UNDER YARD DRAIN GRATE (TYP.)
(SEE DETAILS)
N.T.S.
POST & FILTER FABRIC
INSTALLATION DETAIL
WOOD OR METAL FENCE POST
FILTER FABRIC
GROUND LEVEL 6"
MIN.
6"
MI
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2'
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CONSTRUCT 6"X6" TRENCH IN ORDER TO BURY BOTTOM
12" OF FILTER FABRIC AND ANCHOR DOWN WITH
COMPACTED BACKFILL MATERIAL
RUNOFF
N.T.S.
SILT FENCE INSTALLATION DETAIL
INSTALL WOOD OR METAL POSTS
INSTALL POSTS AT THE FOLLOWING SPACING:
10 FOOT SPACING WITH WIRE SUPPORTED FENCE
6 FOOT SPACING WITHOUT WIRE SUPPORT
INSTALL EXTRA STRENGTH FILTER FABRIC
OR WIRE MESH SUPPORTED FENCE
FOR ADDITIONAL STRENGTH ATTACH FILTER
FABRIC MATERIAL TO 6"X6" WELDED WIRE MESH
WHICH HAS BEEN FASTENED TO THE POSTS RUNOFF
RUNOFF
GROUND LEVEL
1.
2.
6.
SILT FENCE & POST INSTALLATION NOTES
THE FENCE POSTS SHALL BE INSTALLED AT A MAXIMUM OF 10 FEET APART AND
DRIVEN SECURELY INTO THE GROUND FOR A MINIMUM OF 12 INCHES WHEN THE
FILTER FABRIC IS USED WITHOUT WIRE MESH SUPPORT. IF WIRE SUPPORT IS USED
THEN THE FENCE POSTS SHALL BE SPACED AT A MAXIMUM OF 6 FEET APART.
4.
3.
5.
THE FILTER FABRIC MATERIAL SHALL BE EITHER STAPLED OR WIRED TO THE FENCE POSTS
AND 12 INCHES OF THE FABRIC SHALL BE EXTENDED AT THE BOTTOM INTO THE TRENCH.
THE FABRIC SHALL NOT EXTEND MORE THAN 36 INCHES ABOVE THE GROUND SURFACE.
THE HEIGHT OF THE SILT FENCE SHALL BE INSTALLED AT A MINIMUM OF 24 INCHES
BUT SHALL NOT EXCEED 36 INCHES.
THE FILTER FABRIC MATERIAL SHALL BE PURCHASED IN A CONTINUOUS ROLL IN ORDER
TO BE ABLE TO CUT THE ENTIRE REQUIRED LENGTH IN ONE PIECE AND AVOID THE
USE OF JOINTS.
WHEN STANDARD STRENGTH FILTER FABRIC MATERIAL IS USED, A WELDED WIRE MESH
SUPPORT SHALL BE FASTENED SECURELY TO THE UP SLOPE SIDE OF THE FENCE POSTS
BY USING EITHER HEAVY DUTY WIRE STAPLES AT LEAST 1 INCH LONG, TIE WIRES OR HOG
RINGS. THE WIRE SHALL EXTEND INTO THE TRENCH A MINIMUM OF 2 INCHES AND SHALL
NOT EXTEND MORE THAN 36 INCHES ABOVE THE ORIGINAL GROUND SURFACE.
A 6"X6" TRENCH SHALL BE CONSTRUED ALONG THE BOTTOM OF THE ENTIRE LINE OF
FENCE POSTS AND UP SLOPE FROM THE BARRIER IN ORDER TO BURY THE BOTTOM
12 INCHES OF THE FILTER FABRIC MATERIAL. THE TRENCH SHALL BE BACK FILLED AND
THE SOIL COMPACTED OVER THE FILTER FABRIC.
7.WHEN INSTALLING TWO SILT FENCES AROUND THE PERIMETER, PLACE THE POSTS OF THE
SECOND FENCE INSIDE THE POSTS OF THE FIRST FENCE. ROTATE BOTH FENCE POSTS AT
A CLOCKWISE DIRECTION IN ORDER TO CREATE A TIGHT SEAL. FOLLOW ALL OTHER
STANDARD INSTALLATION REQUIREMENTS.
1.
2.
3.
ALL EROSION AND TURBIDITY CONTROL DEVICES AND TEMPORARY BARRIERS
SHALL BE INSTALLED WITHIN THE LIMITS OF THE CONSTRUCTION AREA PRIOR
TO ANY CONSTRUCTION ACTIVITIES COMMENCING.
A TEMPORARY BARRIER SHALL BE INSTALLED AROUND ALL WETLAND AND/OR
NATURAL PRESERVATION AREAS PRIOR TO ANY CONSTRUCTION ACTIVITIES
COMMENCING. NO CONSTRUCTION VEHICLES SHALL ENCROACH WITHIN THESE AREAS.
CONTRACTOR SHALL HAVE ALL EXISTING UNDERGROUND UTILITIES LOCATED BY
APPROPRIATE AGENCIES PRIOR TO INSTALLATION OF ANY EROSION AND TURBIDITY
CONTROL DEVICES AND BARRIERS.
4.DURING CONSTRUCTION ACTIVITIES, EXISTING PERIMETER NATIVE VEGETATION SHALL
REMAIN IN ORDER TO ACT AS A BUFFER BETWEEN ADJACENT PROPERTIES, AND TO
MINIMIZE NUISANCE DUST, NOISE, AND/OR AIR POLLUTION.
5.PRACTICES SUCH AS SEEDING, MULCHING AND WETTING WHICH MINIMIZE AIRBORNE
DUST AND PARTICULATE EMISSIONS GENERATED DURING CONSTRUCTION ACTIVITIES
SHALL BE USED AS DIRECTED BY BOTH THE ENGINEER-OF-RECORD AND/OR
APPLICABLE GOVERNMENTAL AGENCIES.
6.ALL AREAS DISTRIBUTED DURING CONSTRUCTION ACTIVITIES, WHICH ARE NOT GOING TO
BE PAVED OR LANDSCAPED, SHALL BE SEEDED AND MULCHED.
GENERAL EROSION AND TURBIDITY CONTROL NOTES
D1
D2D2
TYPE 2 TYPE 1
N.T.S.
FLOATING TURBIDITY BARRIER INSTALLATION DETAIL
18 OZ. NYLON REINFORCED
P.V.C. FABRIC (300 P.S.I. TEST)
18 OZ. NYLON REINFORCED
P.V.C. FABRIC (300 P.S.I. TEST)
WITH LACING GROMMETS
5 16" GALVANIZED
CHAIN
14" GALVANIZED
CHAIN
CLOSED CELL SOILD PLASTIC FOAM
FLOTATION (6" DIA. EQUIVALVENT -
12 LBS. PER FOOT BUOYANCY)
5 8" POLYPRO ROPE
(600 LBS. BREAKING
STRENGTH)STRESS PLATE
SLOTTED P.V.C. CONNECTOR PIPE
(METAL COLLAR REINFORCED)
CLOSED CELL SOILD PLASTIC FOAM
FLOTATION (8" DIA. EQUIVALVENT -
17 LBS. PER FOOT BUOYANCY)
516" VINYL SHEATHED EAW STEEL CABLE
(9,800 LBS. BREAKING STRENGTH) WITH
GALVANIZED CONNECTORS (TOOL FREE
DISCONNECTION)
5' STANDARD SINGLE PANEL 5' STANDARD SINGLE PANEL
INSTALL 5' ADDITIONAL PANELS
AS REQUIRED FOR DEPTHS
GREATER THAN 5 FEET
INSTALL 5' ADDITIONAL PANELS
AS REQUIRED FOR DEPTHS
GREATER THAN 5 FEET
1.
2.
3.
FLOATING TURBIDITY BARRIER INSTALLATION NOTES
FLOATING TURBIDITY BARRIERS SHALL BE INSTALLED WITHIN EXISTING LAKES AND/OR
CANALS. REFER TO STORMWATER POLLUTION PREVENTION PLANS FOR EXACT LOCATIONS.
CONTRACTOR MAY INSTALL A SUBSTITUTION FOR THE TYPE 1 AND TYPE 2 FLOATING
TURBIDITY BARRIERS ONLY IF APPROVED BY BOTH THE ENGINEER-OF-RECORD AND
THE APPLICABLE GOVERNMENTAL AGENCIES.
THE TURBIDITY BARRIER CURTAIN BOTTOM SHALL REACH A MINIMUM DEPTH OF 10 FEET
FROM THE EXISTING WATER ELEVATION. MULTIPLE PANELS OR SPECIAL DEPTH CURTAINS
SHALL BE USED IF THE PLANS OR ENGINEER-OF-RECORD SPECIFY DEPTHS GREATER
THAN 10 FEET.
6" MIN.
FILTER FABRIC INSTALLATION ON
INLET WITHOUT FRAME & GRATE
INSTALL WIRE SUPPORT MOULD
6"X6" WELDED WIRE MESH
EXTEND 6" MINIMUM AT EACH SIDE
FILTER FABRIC INSTALLATION DETAIL
N.T.S.
SECURE FILTER FABRIC
TO FRAME & GRATE
BACKFILL AFTER INSTALLATION
OF INLET FILTER FABRIC
1.
FILTER FABRIC INSTALLATION NOTES
CONTRACTOR SHALL CLEAN OUT DRAINAGE INLET AND FILTER FABRIC AFTER
EVERY STORM EVENT OR AS NEEDED.
2.
CONTRACTOR SHALL REMOVE FILTER FABRIC FROM DRAINAGE INLETS PRIOR
TO STARTING FINAL PAVING OPERATIONS.
3.
CONTRACTOR SHALL REPAIR AND/OR REPLACE ALL DAMAGED FILTER FABRIC
WITHIN INLETS DURING CONSTRUCTION OPERATIONS.
SWPP-1
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SHEET NO.
PROJECT NAME:
PROJECT ADDRESS:
PROJECT NUMBER:
CLIENT:
SUAREZ ENGINEERING
& SURVEYING, INC
13350 SW 131ST STREET
SUITE 103
MIAMI, FL 33186
Tel: 305.596.1799
2362 SOUTH OCEAN BLVD
HIGHLAND BEACH, FL 33487
PRIVATE CLIENT
TWO STORY
HOME ADDITION AND
RENOVATION
DATE
REVISIONS
BY DESCRIPTION
23
6
2
S
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C100-2021-60
C100-2021-60
AS SHOWN
J.S.
J.S.
J.S.
10/14/2021
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 170
Suarez Engineering & Surveying, Inc.
13350 SW 131 Street, Suite 103, Miami, Florida 33186 Tel: 305.596.1799
April 10, 2023
Florida Department of Transportation
District Four – Palm Beach Operations Center
7900 Forest Hill Blvd
West Palm Beach, FL 33413
Project Name: 2362 S Ocean Blvd
FDOT Permit No.: 2023-A-496-00009
Location: 2362 S Ocean Blvd, Highland Beach, FL
To Whom it May Concern:
This letter is in response to review comments received for the above referenced project. Below
are our responses to comments.
COMMENT RESPONSES:
1. Can you please provide clearer grading detail to show ADA compliant path where sidewalk
work needs to be redone?
Response: Please find updated sheet PD-1 now showing Section F-F, with a
walkable area with max cross slope of 2%. Additional grades have
also been added to the plan view.
Please feel free to contact us with any questions or comments.
Sincerely,
Jesus Suarez, P.E.
Civil Engineer
Jesus.suarez@suarezeng.net
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 171
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 172
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 173
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 174
Approved
2023-A-496-00009
Eugene Kissner
4/26/2023Page 175
File Attachments for Item:
C. Approve and authorize the Mayor to execute an Equipment Lease-Purchase
Agreement with Motorola Solutions, Inc. in an amount not to exceed $294,016.00 for 23
portable radios for the Police Department.
Page 176
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE December 19, 2023
SUBMITTED BY: Chief Craig Hartmann
SUBJECT: Police Radio Lease Purchase Agreement
SUMMARY:
The Police Department is in need of replacing our police radios as they approach the “end -
of-life” cycle. Surrounding local police agencies have either already replaced this model
radio or are scheduled to do so this coming year. The urgency to move forward with the
replacement mid-budget cycle is due to the progressive degradation of the radio signal. The
officers in the field have experienced an increase of “dead spots” throughout the town during
the course of their shifts. What this means is that at times, officers are unable to transmit
and/or are unable to receive transmissions and this has created serious officer safety
concerns.
Through more than a year long series of research and testing and working with Motorola, it
was determined that with the proposed radio model specifications, the reception and
transmission issues would be eliminated.
This Lease Purchase Agreement has been reviewed for legal sufficiency by the Town
Attorney’s Office.
FISCAL IMPACT:
Motorola is the sole source provider for our police radios and the agreement provides for 23
portable radios, for a total cost of $ 294,016.00. The agreement will take effect with no cost
until the first payment is due in January of 2025 and will not impact the current budget.
Options in this agreement allow the Town to determine the payment terms of the lease
agreement and encompasses all the necessary start-up costs, hardware, software, and
warranties.
ATTACHMENTS:
Motorola Lease Purchase Agreement, Sole Source Letter
RECOMMENDATION:
Page 177
Staff recommends approval of the Motorola Lease Purchase Agreement and waive the bid
process in accordance with policy.
Page 178
HIGHLAND BEACH POLICE DEPARTMENT
3614 S OCEAN BLVD
HIGHLAND BEACH,FL 33487
December 6,2023
To:Motorola Solutions,Inc.(“Motorola”)
500 W.Monroe St.
Chicago,IL 60661
Re:HIGHLAND BEACH PD -APX NEXT FLEET REPLACEMENT
Contract Name /Number:NASPO 00318
Motorola Lease #:Municipal Lease Purchase Agreement #25489
Proposal /Quote Ref &(required):Town of Highland Beach Quote #2342553
The HIGHLAND BEACH POLICE DEPARTMENT will not issue a purchase order for this purchase.This Notice to
Proceed (NTP)serves as authorization for Motorola Solutions to place an order and invoice for the communication
equipment and services as referenced on the Proposal /Quote for the purchase price of $294,016.00.The Purchase will
be paid with $231,180.00 from the disbursements from Motorola Lease Purchase Agreement and the remaining
$62,836.00 paid,as invoiced,for outyears of services.The terms and conditions of the above referenced master contract
and Motorola Lease Financing agreement will guide this purchase.
Title and Risk of Loss to Equipment shall pass to Customer upon shipment from Motorola.Unless otherwise agreed by the
parties in writing,shipment will be made in a manner determined by Motorola.This NTP will take precedence with respect
to conflicting or ambiguous terms.
Customer affirms that execution of this Agreement is the only Notice to Proceed that Motorola will receive for the term of
this Agreement.Customer will not issue a purchase order or other funding documentation in order to pay Motorola per
this Agreement.Customer affirms funding has been encumbered for this order in accordance with applicable law and will
pay all proper invoices as received from Motorola solely against this Agreement.
Unless otherwise agreed upon in writing,invoices will be billed based on equipment shipped,services rendered,and
standard payment terms.Outyears of services shall be invoiced annually in advance of each year.Once billed,invoices
shall be sent and emailed to the Customer at the following address:HIGHLAND BEACH POLICE DEPARTMENT,3614 S
OCEAN BLVD,HIGHLAND BEACH,FL 33487
Invoices should reference:Town of Highland Beach Quote #2342553
The equipment will be shipped to the Customer at the following address:HIGHLAND BEACH POLICE DEPARTMENT,
3614 S OCEAN BLVD,HIGHLAND BEACH,FL 33487
The ultimate destination address (if different from the ship to above)where the equipment will be delivered to Customer is:
HIGHLAND BEACH POLICE DEPARTMENT,3614 S OCEAN BLVD,HIGHLAND BEACH,FL 33487
Customer may change shipment information by giving written or electronic notice to Motorola.
If you have any questions regarding this order,please feel free to contact George Nassif -Account Executive at Motorola
Solutions (954)605-8196,or Jeff Moser -Manufacturer ’s Representative at EMCI (561)323-8968.
Sincerely yours,
By:_______________________________Date:_______________________________
Craig Hartmann,Chief of Police Town of Highland Beach
Page 179
CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
December 11, 2023
TOWN OF HIGHLAND BEACH
Enclosed for your review, please find the Municipal Lease documentation in connection with the radio equipment to be
lease purchased from Motorola Solutions Inc. The interest rate and payment streams outlined in Equipment Lease
Purchase Agreement #25489 are valid for contracts that are executed and returned on or before December 27, 2023.
After 12/27/23, the Lessor reserves the option to re-quote and re-price the transaction based on current market interest
rates.
Once complete, a set with ORIGINAL "wet" signatures should be returned to me at the address below:
Motorola Solutions Credit Company LLC
Attn: Sam Gainer / 44th Floor
500 W. Monroe
Chicago, IL 60661
Should you have any questions, please contact me at 201-605-7206.
Thank You,
MOTOROLA SOLUTIONS CREDIT COMPANY LLC
Sam Gainer
Page 180
CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
LESSEE FACT SHEET
Please help Motorola Solutions Inc. provide excellent billing service by providing the following information:
1. Complete Billing Address TOWN OF HIGHLAND BEACH
_________________________________________
________________________________________
Attention: _________________________________________
Phone: _________________________________________
2. Lessee County Location: _________________________________________
3. Federal Tax I.D. Number _________________________________________
4. Purchase Order Number to be referenced on invoice (if necessary) or other “descriptions” that may assist in
determining the applicable cost center or department: ________________________
5. Equipment description that you would like to appear on your
invoicing:_________________________________________
Appropriate Contact for Documentation / System Acceptance Follow-up:
6. Appropriate Contact & _______________________________________
Mailing Address
_______________________________________
_________________________________________
_________________________________________
E-mail: _________________________________________
Phone: _________________________________________
Fax: __________________________________________
7. Payment remit to address: Motorola Solutions Credit Company LLC
P.O. Box 71132
Chicago IL 60694-1132
Thank you
Page 181
CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 25489
LESSEE: LESSOR:
TOWN OF HIGHLAND BEACH Motorola Solutions, Inc .
3614 S Ocean Boulevard 500 W. Monroe
Highland Beach, FL 33487 Chicago, IL 60661
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment, software, upgrades of
same, extended warranties and other support, and other personal property described in Schedule A attached
hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease-Purchase
Agreement ("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this
Lease will commence on the Commencement Date specified in Schedule A attached hereto and unless
terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will
continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called),
including the interest portion , in the amounts specified in Schedule B. The Lease Payments will be payable
without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from
time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule
B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than
ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as
specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events
and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee
reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term.
Lessee will seek funding each year as part of its budget process. It is Lessee's intent to make Lease Payment for
the full Lease Term if funds are legally available therefore and in that regard Lessee represents that the
Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper,
efficient and economic operation.
Lessee’s obligation to make Lease Payments and to pay any other amounts payable under this Lease constitutes
a current obligation payable only to the extent permitted by law and exclusively from legally available funds
and shall not be construed to be an indebtedness within the meaning of any applicable constitutional or statutory
limitation or requirement. Lessee has not pledged and will not pledge its full faith and credit or its taxing power
to pay any Lease Payments or any other amounts under this Lease. Neither Lessor nor any Assignee (described
below) may compel the levy of any ad valorem taxes by Lessee to pay Lease Payments or any other amounts
under this Lease.
3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee
at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it
has been delivered and is operational. Lessee will evidence its acceptance of the Equipment either (a) by
executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor; or (b)
by executing and delivering the form of acceptance provided for in the Contract (defined below).
Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate or other form of
acceptance acceptable to Lessor, if Lessor believes the Equipment has been delivered and is operational, Lessor
may require Lessee to notify Lessor in writing (within five (5) days of Lessee’s receipt of Lessor’s request)
Page 182
CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
whether or not Lessee deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be
accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have
accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is
operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate or
other form acceptable to Lessor.
4. REPRESENTATIONS AND WARRANTIES. Lessee acknowledges that the Equipment leased
hereunder is being manufactured and installed by Motorola Solutions, Inc. pursuant to contract (the "Contract")
covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment,
Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to
an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET
FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY
NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE
PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE
AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO
ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING
WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION
WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the
Equipment for any cause or situation (including, without limitation, governmental actions or regulations or
actions of other third parties).
5. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the
contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any means
whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are
insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease
Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or
are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In
the event of such termination, Lessor may request by written notice that Lessee promptly deliver the Equipment
to Lessor or its Assignee. In the event that Lessee agrees to deliver the Equipment to Lessor, Lessee agrees to
transfer title to and deliver possession of the Equipment in accordance with Section 17.1 of this Lease. In the
event that Lessee does not return the Equipment to Lessor, Lessor may proceed by appropriate court action or
actions, either at law or in equity, to recover damages.
6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state
or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest
portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the
Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution,
delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the
part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in
accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e)
of the Code, and such compliance shall include but not be limited to the execution of information statements
requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any
act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will
not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private
activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done
any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or
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become includible in gross income for Federal income taxation purposes under the Code; (ix) Lessee will be the
only entity to own, use and operate the Equipment during the Lease Term; and (x) Lessee agrees that the
Equipment shall be and remain personal property notwithstanding the manner in which the same may be
attached or affixed to realty, and Lessee shall do all acts and enter into all agreements necessary to insure that
the Equipment remains personal property.
Lessee represents, covenants and warrants that: (i) it will do or cause to be done all things necessary to
preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding requirements
where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on
its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for
the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments
may become includible in gross income of the owner or owners thereof for federal income tax purposes. In
such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees
to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor
an additional amount determined by Lessor to compensate such owner or owners for the loss of such
excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to
tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the
contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be subject to the limitations
set forth in Sections 2 and 5 hereof.
It is Lessor’s and Lessee’s intention that this Agreement not constitute a “true” lease for federal income
tax purposes and, therefore, it is Lessor’s and Lessee’s intention that Lessee be considered the owner of the
Equipment for federal income tax purposes.
7. TITLE TO EQUIPMENT. During the Lease Term, title to the Equipment will vest in Lessee
and Lessor will have no security interest therein. Notwithstanding the obligations of Lessee to pay the Lease
Payments, this Lease shall not result in the creation of any lien, charge, security interest or other encumbrance
upon the Equipment and Lessor shall have no right to involuntarily dispossess Lessee of the use and enjoyment
of or title to the Equipment.
8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by
the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract,
any licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and
charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the
Equipment in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices
required therefor.
9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment
without Lessor's prior written consent unless such alterations, additions or improvements may be readily
removed without damage to the Equipment.
10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment
consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's
prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the
Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use
and operation.
11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and
encumbrances. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or
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hereafter be imposed upon the ownership, licensing, leasing, rental, sale, purchase, possession or use of the
Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges
and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If
Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand.
12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to
the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein
nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to
perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will
immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of
such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond
repair (an “Event of Loss”), Lessee at the option of Lessor will: either (a) replace the same with like equipment
in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all amounts then owed by
Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to
all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B.
In the event that Lessee is obligated to make such payment with respect to less than all of the
Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment
(as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered
the Event of Loss.
13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and
extended coverage, public liability and property damage insurance with respect to the Equipment in such
amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior
written consent, Lessee may self-insure against any or all such risks. All insurance covering loss of or damage
to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment
with respect to such Equipment. The initial amount of insurance required is set forth in Schedule B. Each
insurance policy will name Lessee as an insured and Lessor or its Assignee as an additional insured, and will
contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration
in the terms of such policy or the cancellation thereof. The proceeds of any such policies will be payable to
Lessee and Lessor or its Assignee as their interests may appear. Upon acceptance of the Equipment and upon
each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event
that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to such
effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly
provide Lessor with written notice thereof and make available to Lessor all information and documentation
relating thereto.
14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and
hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including
attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its
selection, purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of
claims under insurance policies thereon.
15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer,
pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any
interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone
other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the
Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in
this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor
under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
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Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of
abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment
or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless
and until Lessee shall have received a notice of assignment, disclosing the name and address of each such
assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow
agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the
agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency
agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of
all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations,
proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or
by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested.
After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in
any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in
the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's
Assignee hereunder.
16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of
any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as
it becomes due in accordance with the terms of the Lease and any such failure continues for ten (10) days after
the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be
performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice
thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee
in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false,
misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency,
reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall
be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or
fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or
execution is threatened or levied upon or against the Equipment.
17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default
is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written
notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during
the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall
become immediately due and payable; (ii) request by written notice that Lessee promptly deliver the Equipment
to Lessor or its Assignee; and (iii) exercise any other right, remedy or privilege which may be available to it
under applicable laws of the state of the Equipment Location or any other applicable law or proceed by
appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or
to rescind this Lease as to any or all of the Equipment. If Lessor terminates this Lease and receives possession
of the Equipment, Lessor may sell or lease the Equipment or sublease it for the account of Lessee. If the
proceeds of such sale, lease or sublease are not sufficient to pay the balance of any Lease Payments or other
amounts owed by Lessee under the Lease, Lessor may pursue such other remedies as are available at law or in
equity to collect the balance of such Lease Payments or other amounts from Lessee’s legally available funds. In
addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and
other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the
remedies listed above or any other remedy available to Lessor.
17.1. RETURN OF THE EQUIPMENT. In the event that Lessee determines to return the Equipment
to Lessor or its Assignee pursuant to Section 5 or 17 hereof, Lessee agrees to transfer title to and deliver
possession of the Equipment in the condition hereafter required by preparing and appropriately protecting the
Equipment for shipment and, at Lessor’s option, (i) surrendering the Equipment to Lessor at the Equipment
Location specified in Schedule A hereto, or (ii) loading the Equipment on board such carrier as Lessor shall
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specify and shipping the same, freight collect, to Lessor at the place designated by Lessor. In the event of any
such delivery of the Equipment to Lessor, Lessee shall execute and deliver such documents as may reasonably
be required to transfer title to and possession of the Equipment to Lessor, free and clear of all liens to which the
Equipment has become subject.
Upon such delivery of the Equipment to Lessor, if the Equipment is damaged or otherwise made less
suitable for the purposes for which it was manufactured than when delivered to Lessee (reasonable wear and
tear excepted), Lessee agrees, at its option, to: (a) repair or restore such Equipment to the same condition in
which it was received by Lessee (reasonable wear and tear excepted) and, at its expense, promptly return such
Equipment to Lessor (or to a location identified in a written notice to Lessee) or (b) pay to Lessor the actual cost
of such repair, restoration and return.
There is no intent to create under any provision of this Lease a right in Lessor to involuntarily dispossess
Lessee of the legal title to or the use of the Equipment. Lessor hereby irrevocably waives any right to specific
performance of any covenant of Lessee to transfer legal title to and return possession of the Equipment.
18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor,
and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse
of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the
Equipment on the Lease Payment Dates set forth in Schedule B by paying to Lessor, on such date, the Lease
Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by
Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the
Equipment (other than any intellectual property rights in the software comprising part of the Equipment) to
Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens
created by Lessor.
18.1 PARTIAL PAYMENT/PURCHASE OPTION – GRANT FUNDING. Upon thirty (30)
days prior written notice from Lessee to Lessor, and provided no Event of Default has occurred and is
continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then
exists, Lessee will have the right to make a partial payment against the Lease one time per calendar year at an
amount no less than $175,000.00 SO LONG AS SUCH PAYMENT IS BEING MADE FROM A FEDERAL
GRANT FUNDING AWARD and upon Lessor’s request, Lessee will provide Lessor certification of such.
Application of said payment shall first be applied to accrued interest with the remainder going against the
principal. Should Lessee make such payment, all remaining Lease Payments will be adjusted accordingly over
the remainder of the Lease Term and Lessor shall provide to Lessee a revised Schedule B. Any reduction in
outstanding principal can be viewed as the Lessee obtaining a greater equity position in the Lease subject to
Lessor’s rights pursuant to the other terms of this Lease.
19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by
certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the
party may provide in writing from time to time. Any such notice shall be deemed to have been received five
days subsequent to such mailing.
20. SECTION HEADINGS. All section headings contained herein are for the convenience of
reference only and are not intended to define or limit the scope of any provision of this Lease.
21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the
laws of, the state of the Equipment Location.
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22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by
Lessor, such other documents and information as are reasonably necessary with respect to the transaction
contemplated by this Lease.
23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease-
Purchase Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds,
Certificate of Incumbency, Certified Lessee Resolution (if any), Bank Qualified Statement, Information Return
for Tax-Exempt Governmental Obligations and the Delivery and Acceptance Certificate and other attachments
hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes
the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be
modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of
this Lease, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective
to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. To
the extent permitted by applicable law, Lessee and Lessor hereby waive any provision of law that prohibits or
renders unenforceable any provision of this Lease in any respect.
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not
operate as a waiver of any subsequent breach thereof.
24. EXECUTION IN COUNTERPARTS. This Lease may be executed in several
counterparts, either electronically or manually, all of which shall constitute but one and the same
instrument. Lessor reserves the right to request receipt of a manually-executed counterpart from Lessee. Lessor
and Lessee agree that the only original counterpart for purposes of perfection by possession shall be the original
counterpart manually executed by Lessor and identified as “Original”, regardless of whether Lessee’s execution
or delivery of said counterpart is done manually or electronically.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 29th day of December , 2023.
LESSEE: LESSOR:
TOWN OF HIGHLAND BEACH MOTOROLA SOLUTIONS, INC.
By:________________________________ By:_____________________________
Print Name: _________________________
Title:_______________________________ Title:____________________________
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CERTIFICATE OF INCUMBENCY
I, ______________________________________ do hereby certify that I am the duly elected or
(Printed Name of Secretary/Clerk )
appointed and acting Secretary or Clerk of the TOWN OF HIGHLAND BEACH , an entity duly organized and
existing under the laws of the State of Florida, that I have custody of the records of such entity, and that, as of
the date hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such
entity holding the office(s) below his/her/their respective name(s). I further certify that (i) the signature(s) set
forth above his/her/their respective name(s) and title(s) is/are his/her/their true and authentic signature(s) and
(ii) such officer(s) have the authority on behalf of such entity to enter into that certain Equipment Lease
Purchase Agreement number 25489 , between TOWN OF HIGHLAND BEACH and Motorola Solutions, Inc.
If the initial insurance requirement on Schedule B exceeds $1,000,000, attached as part of the Equipment Lease
Purchase Agreement is a Certified Lessee Resolution adopted by the governing body of the entity.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of TOWN OF HIGHLAND
BEACH , hereto this
________ day of ____________________________, 2023.
By: ______________________________________
(Signature of Secretary/Clerk) SEAL
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement 25489 by and between Motorola
Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of
the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of
the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the
Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (iii) the Lease
constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv)
Lessee has sufficient monies available to make all payments required to be paid under the Lease during the
current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose
in accordance with State law. This opinion may be relied upon by the Lessor and any assignee of the Lessor’s
rights under the Lease.
______________________________________________________________________
Attorney for TOWN OF HIGHLAND BEACH
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
SCHEDULE A
EQUIPMENT LEASE-PURCHASE AGREEMENT
Schedule A
Lease Number:
25489
This Equipment Schedule is hereby attached to and made a part of that certain Equipment Lease-
Purchase Agreement Number 25489 ("Lease"), between MOTOROLA SOLUTIONS INC. ("Lessor") and
TOWN OF HIGHLAND BEACH (“ Lessee”).
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases
from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease
and upon the terms set forth below, the following items of Equipment
QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.)
Refer to attached Equipment List.
Equipment Location:
FL
Initial Term: 61 Months Commencement Date: 12/29/2023
First Payment Due Date: 1/1/2025
5 consecutive annual payments as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable
on the Lease Payment Dates set forth in Schedule B.
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Lessee: TOWN OF HIGHLAND BEACH
Schedule B (Lease #25489)
Town of Highland Beach
Compound Period:
Annual
Nominal Annual
Rate:
6.230%
Event Date Amount Number Period End Date
1 Loan 12/29/2023 $231,180.20 1
2 Payment 1/1/2025 $55,253.85 5 Annual 1/1/2029
AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year
Date Payment Interest Principal Balance
Loan 12/29/2023
$231,180.20
1 1/1/2025 $55,253.85 $14,530.02 $40,723.83 $190,456.37
2 1/1/2026 $55,253.85 $11,865.43 $43,388.42 $147,067.95
3 1/1/2027 $55,253.85 $9,162.33 $46,091.52 $100,976.43
4 1/1/2028 $55,253.85 $6,290.83 $48,963.02 $52,013.41
5 1/1/2029 $55,253.85 $3,240.44 $52,013.41 0.00
Grand Totals $276,269.25 $45,089.05 $231,180.20
INITIAL INSURANCE REQUIREMENT: $231,180.20
Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the
Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
EVIDENCE OF INSURANCE
Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A
number 25489 to that Equipment Lease Purchase Agreement number 25489 will be maintained by TOWN OF
HIGHLAND BEACH as stated in the Equipment Lease Purchase Agreement.
This insurance is provided by:
_____________________________________________________
Name of insurance provider
_____________________________________________________
Address of insurance provider
_____________________________________________________
City, State and Zip Code
_____________________________________________________
Phone number of local insurance provider
_____________________________________________________
E-mail address
In accordance with the Equipment Lease Purchase Agreement Number 25489 , TOWN OF HIGHLAND BEACH ,
hereby certifies that following coverage are or will be in full force and effect:
Type Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage __________ __________ __________ _____________________
Property Damage __________ __________ __________ _____________________
Public Liability __________ __________ __________ _____________________
Certificate shall include the following:
Description: All Equipment listed on Schedule A number 25489 to that Equipment Lease Purchase Agreement number
25489 . Please include equipment cost equal to the Initial Insurance Requirement on Schedule B to Equipment Lease
Purchase Agreement number 25489 and list any deductibles.
Certificate Holder:
MOTOROLA SOLUTIONS, INC. and or its assignee as additional insured and loss payee
500 W Monroe
Chicago, IL 60661
If self insured, contact Motorola representative for template of self insurance letter.
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STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS (# 25489 )
To further understand the essential governmental use intended for the equipment together with an understanding
of the sources from which payments will be made, please address the following questions by completing this
form or by sending a separate letter:
1. What is the specific use of the equipment?
2. Why is the equipment essential to the operation of TOWN OF HIGHLAND BEACH ?
3. Does the equipment replace existing equipment?
If so, why is the replacement being made?
4. Is there a specific cost justification for the new equipment?
If yes, please attach outline of justification.
5. What is the expected source of funds for the payments due under the Lease for
the current fiscal year and future fiscal years?
General Fund
- Have dollars already been appropriated for the Lease Payment? Yes -or- No
- If yes, for what fiscal year(s) have appropriations been made? ______________
Combination of Federal Grant funding supplemented by General Revenues
- What fiscal year(s) is expected to be funded via federal grants: ___________________
- What fiscal year(s) is expected to be funded via general revenues: _________________
- Have these general revenues already been appropriated for the Lease
Payment(s)? Yes -or- No
Other (please describe): __________________________________________
________________________________________________________________________
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CERTIFIED LESSEE RESOLUTION (Lease# 25489 )
At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease) held on
or before the execution date of the Lease, the following resolution was introduced and adopted.
BE IT RESOLVED by the Governing Board of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and
very real need exists for the acquisition of the Equipment or other personal property
described in the Lease between TOWN OF HIGHLAND BEACH (Lessee) and Motorola
Solutions, Inc. (Lessor).
2. Approval and Authorization. The Governing body of Lessee has determined that the
Lease, substantially in the form presented to this meeting, is in the best interests of the
Lessee for the acquisition of such Equipment or other personal property, and the
Governing Board hereby approves the entering into of the Lease by the Lessee and
hereby designates and authorizes the following person(s) referenced in the Lease to
execute and deliver the Lease on Lessee’s behalf with such changes thereto as such
person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease.
3. Adoption of Resolution. The signatures in the Lease from the designated individuals for
the Governing Body of the Lessee evidence the adoption by the Governing Body of this
Resolution.
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CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
Bank Qualified Statement (Lease# 25489 )
LESSEE CERTIFIES THAT IT (circle one) HAS or HAS NOT
DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE
WITH SECTION 265(b)(3) OF THE CODEAND IF THE LESSEE HAS DESIGNATED THIS LEASE
AS A QUALIFIED TAX-EXEMPT OBLIGATION, IT HAS NOT DESIGNATED MORE THAN
$10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN
ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT
REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS
TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED
$10,000,000.
Page 196
CLEAN SHORT FORM SIMPLIFIED LEASE rev 7.28.16
EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY
AND ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below
(“Equipment”) and Lessee hereby accepts the Equipment after full inspection thereof as
satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement
executed by Lessee and Lessor.
Equipment Lease Purchase Agreement No.: 25489 Lease Schedule A No. : 25489
EQUIPMENT INFORMATION
QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
25489 . See Schedule A for a detailed Equipment
List.
LESSEE:
TOWN OF HIGHLAND BEACH
By: ______________________________________
Date: ____________________________________
Page 197
December 13,2023
Town of Highland Beach
Attention:Chief Hartmann
3614 S Ocean Blvd.
Highland Beach,FL 33487
Dear Chief Hartmann,
Motorola Solutions Mission Critical Public Safety grade radio equipment,such as the APX NEXT
smart radio,which is used by the Palm Beach County Public Safety P25 communication system,
is available only through the Motorola Account Executive team or the authorized Manufacturers’
Representative for Motorola in Palm Beach County,EMCI Wireless.No other distribution
channel is authorized to distribute this equipment.
Motorola Solutions is the only manufacturer that can provide a P25 land mobile radio that
utilizes Smart Applications seamlessly on an ASTRO 25 radio system thus the only
manufacturer that can provide the following benefits and features:
●Smart Connect which is seamless and automatic roaming from ASTRO 25 to broadband
(LTE and/or Wi-Fi)without user interaction to supplement P25 coverage (ie outside
coverage area and in building coverage)
●GPS and Wi-Fi enabled indoor location enhancement
●Broadband enabled Smart Programming download without any P25 voice interruptions
The Town of Highland Beach can take advantage of the negotiated NASPO (contract number:
00318)contract and its unique benefits as a purchasing vehicle.
Should you need additional information or have any questions,please feel free to contact me
directly at (954)605-8196.Your continued interest in Motorola products and services is greatly
appreciated.
Sincerely,
Georg Nassif
George Nassif
Account Executive
Motorola Solutions,Inc.
M.(954)605-8196
E.george.nassif@motorolasolutions.com
Page 198
File Attachments for Item:
D. Approve and authorize Town staff to purchase the Bunker Gear from Bennett Fire
Products Co., Inc. in the amount of $98,530.04 for the Fire Rescue Department (In
accordance with Lake County Contract 22-730B).
Page 199
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 12/19/23
SUBMITTED BY: Fire Rescue Department
SUBJECT: Piggyback Procurement –Globe Bunker Gear
SUMMARY:
The GXcel Jacket and GPS pants are a cutting-edge personal protective equipment
ensemble that offers crucial protection against the inherent risks of firefighting. This gear
consists of multiple layers that function as a robust barrier against thermal energy to reduce
the risk of burns and other injuries.
Globe bunker gear is engineered with cutting-edge materials and thermal barriers. The gear
features advanced flame-resistant fabrics that shield firefighters from high heat and flames. It
also facilitates breathability to prevent overheating during strenuous activities. This gear
empowers firefighters to face the toughest conditions with confidence and resilience.
A quote to supply the Globe Bunker Gear was provided by Bennett Fire Products Co, Inc. in
accordance with Lake County Contract, FL, Contract No. 22-730B.
FISCAL IMPACT:
$98,530.04 budgeted in account 001-522.000-564.000 (Machinery and Equipment)
ATTACHMENTS:
Quote for Globe Bunker Gear
Lake County Contract 22-730B
RECOMMENDATION:
Approve and authorize the purchase of the Bunker Gear in accordance with Lake County
Contract 22-730B to guarantee timely delivery within the 90–120-day lead time.
Page 200
Page 201
E Quotation
Bennett Fire Products Co., Inc.
December 12, 2023
Highland Beach Fire Rescue
Attn: Asst. Chief McCarthy
3614 S. Ocean Blvd.
Highland Beach, FL 33487
This price quote is valid until December 29th, 2023.
Discounts in reference to Lake County, FL Contract 22-730B, expires July 31st 2025.
Contract may be viewed in its entirety at www.lakecountyfl.gov. To find information
regarding this contract, follow the instructions below.
Globe GXcel Jacket per HBFR custom specifications (Flex 7/Titanium
SL2i/Stedair 4000)
Retail Price - $3,852.00 per jacket
Lake County Price (44% discount) - $2,157.12 per jacket
Highland Beach Price - $1,964.52 per jacket
28 jackets @ $1,964.52 per jacket - $55,006.56 total
Globe GPS Pant per HBFR custom specifications (Flex 7/Titanium SL2i/Stedair
4000)
Retail Price - $3,047.85 per pant
Lake County Price (44% discount) - $1,706.80 per pant
Highland Beach Price - $1,554.41 per pant
28 pants @ $1,554.41 per pant - $43,523.48 total
Total for your order - $98,530.04
FOB Highland Beach, FL Prices include shipping charges
Terms: net 30 days, payment by check only with Lake County extended discount
provided
Page 202
Delivery: Globe Custom Gear 90-120 days – at time of quotation, after receipt of order
Thanks for giving us the opportunity to serve you!
Josh Vandegrift , 404-747-2868, jvandegrift.bennettfire@gmail.com
Bennett Fire Products Co., Inc.
P.O. Box 2458
Woodstock, GA 30188
www.bennett f ireproducts.com
Instructions for downloading Lake C ounty/Bennett Fire Products Company contract
information: Visit t he website www.lakecountyfl.gov.
1. View the left hand column, click on “Doing Business with Lake County”. 2. View
the left hand column, click on “View Term and Supplier Agreements”. 3. Under
the Search for Contracts space, type Bennett Fire 4. Contract 22-730B will
appear and the full contract or parts can be downloaded.
If you have trouble finding the information you need regarding this contract, or if
you need additional information, please contact Danny Bennet t at
bennett fire@att.net or 770/402-9910.
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