Item P2C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: P.2
Agenda Item Summary #4514
BULK ITEM: No DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
3:00 P.M. Public Hearing
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance revising
Section 19 -4 of the Monroe County Code to designate the Florida's Turnpike Enterprise, a division
of the Florida Department of Transportation, as toll enforcement officers and to authorize
enforcement of payment of tolls and issue Uniform Traffic Citations for the Card Sound Road Toll
Facility.
ITEM BACKGROUND: 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). 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. 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. 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.
FTE's legal department has also reviewed and approved the draft ordinance.
PREVIOUS RELEVANT BOCC ACTION:
8/15/18 (C4) BOCC scheduled a Public Hearing for 9/19/18 in Key Largo, FL at 3:00 P.M. or as
soon thereafter as may be heard
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance revising sec 19 -4 to create section to allow for FTE to enforce tolls on Card Sound Toll
Facility (FTE legal reviewed)
Notice of Intention Public Hearing to Consider Adoption of County Ordinance re: Card Sound Toll
Enforcement
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Cost
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Christine Limbert
Completed
08/16/2018 3:47 PM
Judith Clarke
Completed
08/17/2018 4:19 PM
Budget and Finance
Completed
08/27/2018 9:05 AM
Maria Slavik
Completed
08/27/2018 9:19 AM
Kathy Peters
Completed
09/04/2018 11:42 AM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
ORDINANCE -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.
(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.
Mayor David Rice
Mayor Pro Tem Sylvia Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
MONROE COUNTY ATTORNEY
Ro
TO RM•
CHRISTINE L- IMBERT- 'BARROWS
ASSISTANT CO ATTORNEY
DATE, , r
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 19, 2018 at
3:00 P.M., or as soon thereafter as may be heard, in the Murray E. Nelson Government Center,
102050 Overseas Highway, Key Largo, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441,
between the hours of 8:30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "711':
Dated at Key West, Florida, this 15 day of August, 2018.
KEVIN MADOK, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 8/22/18