Ordinance 022-2018 ORDINANCE 022 -2018
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
19 -4 OF THE MONROE COUNTY CODE TO DESIGNATE
AND AUTHORIZE THE FLORIDA'S TURNPIKE
ENTERPRISE, A DIVISION OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AS TOLL
ENFORCEMENT OFFICERS TO ENFORCE THE
PAYMENT OF TOLLS AND ISSUE UNIFORM TRAFFIC
CITATIONS FOR THE CARD SOUND ROAD TOLL
FACILITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Monroe County is implementing an all electronic tolling (AET) system on
Card Sound Road; and
WHEREAS, the County entered into an agreement with the Florida Department of
Transportation for SunPass and Toll -By -Plate Electronic Toll Collection at the Card Sound Road
Toll Facility dated May 8, 2017(Agreement); and
WHEREAS, the Agreement provides that Monroe County will, by ordinance, delegate the
County's police powers to enforce the provisions of the State Uniform Traffic Control Statutes
that relate to toll enforcement, which includes designation of toll enforcement officers to issue
uniform traffic citations for toll violation incurred on the Card Sound Road Toll Facility; and
WHEREAS, the Florida's Turnpike Enterprise (FTE), a division of the Florida Department
of Transportation, pursuant to F.S. 316.1001(2)(a) shall by passage of this ordinance be
designated and authorized as toll enforcement officers authorized to enforce the payment of tolls
and issue uniform traffic citations for toll violations incurred on the Card Sound Road Toll
Facility; and
WHEREAS, this ordinance also provides that enforcement by FTE toll enforcement officers
is to supplement the enforcement provided by law enforcement officers in accordance with the
State Uniform Traffic Control Statues relating to toll enforcement;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 19 -4(e) shall be created to read as follows:
(e) Toll enforcement for the Card Sound Road Toll Facility.
n M
(1) Pursuant to F.S.§ 316.1001(2)(a), Monroe County hereby designates the toll enforcement
officers of the Florida's Turnpike Enterprise, a division of the Florida Department of
Transportation, as toll enforcement officers authorized to enforce the payment of tolls
and issue uniform traffic citations for toll violations incurred on the Card Sound Road
Toll Facility.
(2) This provision is intended to supplement the enforcement provided by law enforcement
officers pursuant to F.S. § 316.1001. Nothing herein shall be construed to prohibit or
impede a law enforcement officer from issuing a citation for toll violations in accordance
with usual traffic enforcement provision of the State Uniform Traffic Control Statutes.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 19th day of September, 2018.
o Mayor David Rice Yes 3
Mayor Pro Tem Sylvia Murphy YesCM
• • f\- Commissioner Danny L. Kolhage Yes n? -4
MI
\ Commissioner George Neugent YPC 7 X! .
� 1 V'
� ' � w Commissioner Heather Carruthers Ypc `�' '.
3AL XY BOARD OF COUNTY COMIS?$SIONERSa
" ATT.E I': KEVIN MADOK OF MONROE COUNTY, F)RIDA r
BY
BY ��V14-1 Mayor David Rice
Deputy Clerk
1 , MONROE COUNTY ATTORNEY
- tittrr i ffltP,1 11 M11 : VP Pr
CHRISTINE LIMBERT - BARROWS
ASSISTANT CO TY A ORNEY
DATE • _
•
it , y
1 1 i II , :. . , mizi KE E YV
1
The Florida Keys Only Daily Newspaper, Est. 1876 RECEIVED
1
PO Box 1800, Key West FL 33041
P: (305) 292 -7777 ext. 219 F: (305) 295 -8025
legals @keysnews.com
AUG 302018.
MONROE COUNTY ATTORNEY
502 WHITEHEAD ST REAR S7ONROE COUNTY ATTORNEY
KEY WEST FL 33040 -6573
Account: 137379 Ticket: 249723
PUBLISHER'S AFFIDAVIT
59 Public Hearin"tjs
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
NOTICE OF INTENTION TO CONSIDER
A DOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM NOTICE IS HEREBY GIVEN TO WHOM
•
Before the undersigned authority personally appeared IT MAY CONCERN that on September IT MAY CONCERN that on Se tembe
9 Y P Y PP 19, 2018 at 3:00 P.M., or as soon there- 19, 2018 at 3:00 P.M. or as soon there -
r in the Murra
E. Nelson G o ernme t ter, 0205 after as may be heard, in the Murray
E. \(C - tti _c. r I S , who on oath says that he or she is Overseas Highway, Key Largo, Monroe Overseas e ig hnm Ke t Cantor, o no e
Y County, lorida, the Board of County oun Highway, the Key Largo; Monroe
�s of Ty County, Florida, the Board of County`
C ommissioners o Monroe County, For-
�% l
4614 Commissioners of Monroe County, Flor-
� a of t he Key West Citizen, a daily news- ida intends to consider the adoption of , ida, intends to consider the adoption of ,,,
the f ol l ow i ng County or the following County ordinance:
paper published in Key West, in Monroe County, Florida; that the attached copy
of advertisment, being ale al notice in the matter of amending Sec. AN ORDINANCE OF THE MONROE AN 'ORDINANCE OF THE MONROE
g fiOdi
g g $ SIONERS AMENDING SECTION COMMIS- COMMIS
CTION 19 OF SIONERS AMENDING NG SECTION 19 -4 OF
19-4: was published in said newspaper in the issues of: THE MONROE COUNTY CODE TO DES THE MONROE COUNTY CODE TO DES -
IGNATE AND AUTHORIZE THE FLORI : IGNATE AND AUTHORIZE THE FLORI-
Wednesday, August 22, 2018 DA'S TURNPIKE ENTERPRISE, A DIVI j DA'S TURNPIKE ENTERPRISE, A DIVI-
SION OF THE FLORIDA DEPARTMENT SION OF THE FLORIDA DEPARTMENT
OF TRANSPORTATION, AS TOLL EN- OF TRANSPORTATION, AS TOLL EN-
. FORCEMENT OFFICERS TO EN - , FORCEMENT OFFICERS TO EN-
-
Affiant further says that the Key West Citizen is a newspaper published in Key FORCE THE PAYMENT OF TOLLS AND. FORCE THE PAYMENT OF TOLLS AND
ISSUE UNIFORM TRAFFIC CITATIONS ISSUE UNIFORM TRAFFIC CITATIONS
West, in said Monroe County, Florida and that the said newspapers has hereto- FOR THE CARD SOUND ROAD TOLL FA- FOR THE CARD SOUND ROAD TOLL FA-
. fore been continuously published in said Monroe County, Florida every day, and CILITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL OR-
pROVID NG VIDI REPEAL. OF ALL IL OR-
has been entered as periodicals matter at the post office in Key West, in said DINANCES INCONSISTENT - HEREWITH; DINANCES INCONSISTENT HEREWITH;
Monroe County, Florida, for a period of 1 year next preceding the first publication PROVIDIN FOR INCORPORATION ' PROVIDING FOR INCORPORATION
IN T MONROE COUN CODE INTO THE MONROE COUNTY CODE
of the attached copy of advertisement; and affiant further says that he or she has OF ORDINANCES; AND PROVIDING FOR OF ORDINANCES; AND PROVIDING FOR
neither paid nor promised any person, firm or corporation any discount, rebate, AN EFFECTIVE DATE. . AN EFFECTIVE DATE.
commission or refund for the purpose of securing this advertisement for publica- Pursuant to Section 286.0105, Florida ' Pursuant to Section 286.0105, Florida •
tion in the sai wspaper. o op Statutes, notice is given that if a person Statutes, notice is given that if a person
decides to appeal any decision made by decides to appeal any decision made by
the Board with respect to any matter the Board with respect to any matter
considered at such hearings .or meet-
considered at such hearings or meet - 'ings, he will need a record of the pro -
(Sign. • e o • lant) • ings, he will need a record of the pro- ceedings, and that, for such purpose,
` ceedings, and that, for such purpose, he may need to ensure that a verbs- -
/t!J he may need to ensure that a verba- tim record of the proceedings is made,
Affir e:- • A • • or= me thist day of August 2018 tim record of the proceedings is made, ' which record includes the testimony ' which record includes the testimony and evidence upon which the appeal is .
��� —
� L and evidence upon which the appeal is to be based.
/�sl - to be based.
I //` ADA ASSISTANCE: If you.are a person
• / • 1'c Sign -
, j ADA ASSISTANCE: If you are a person with a disability who needs special
`csrrsr•u with a disability who needs special ; accommodations in order to partici-
41ST/ ��� accommodations in order to partici- pate in this proceeding, please contact
// L I f/ a pate in this proceeding, please contact the County Administrator's Office, by
(No ry "u•IIC Prin ed Name) - - the County Administrator's Office, by phoning (305) 292 -4441, between the
r - ?� .� phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 p.m., no later
hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the
My commission expires ' ', /fi �� /IN scheduled meeting; calendar f scheduled days a r to the scheduled paired, Ne in 9all f you are hearing
or voic impaired, 711 ". g
Dated at Key West, Florida, this 15th
Personally Known X Produced Identification _ c Dated at Key West, Florida, this 15th day of August, 2018. c CD
-- day of August, 2018.
KEVIN MADOK,
N 0 = _ icio Clerk of the Board of Clerk of the Circuit Court
Type of Produced KEVIN of the C, and ex off
c. 7 Clerk of the Circuit Court
and ex officio Clerk of the Board of County Commissioners of Monroe
1 County Commissioners of Monroe
S County, Florida
CD County, Florida 08/22/18 'Key West Citizen
Z N t . a 08/22/18 Key West Citizen
a
GJ Z COURTS °
o:
Kevin Madok, CPA
.... Y1
Clerk of the Circuit Court & Comptroller — Monroe County,
•R OE COUN
October 1, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 022 -2018 amending Section 19 -4 of the
Monroe County Code to designate and authorize the Florida's Turnpike Enterprise, a Division of
the Florida Department of Transportation, as toll enforcement officers to enforce the payment of
tolls and issue uniform traffic citations for the Card Sound Road Toll Facility; providing for
severability; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation in the Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on September 19, 2018. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney
Engineering
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
RICK SCOTT
Governor
October 1, 2018
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 022 -2018, which was filed in this office on October 1,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR /lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us