Item C28lrl
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: C28
Agenda Item Summary #4795
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
No
AGENDA ITEM WORDING: Approval to Advertise a Public Hearing to consider adoption of an
Ordinance Amending Section 25 -2 of the Monroe County Code to remove the established speed
zones for County maintained roads within the City of Key West, as those roads are under the City's
jurisdiction for purposes of regulating, warning and guiding traffic in accordance with Chapter 316,
Florida Statutes.
ITEM BACKGROUND: Monroe County has County maintained road within the City of Key West
and Sec. 25 -2(a) of the Monroe County Code establishes the speed zones for various County roads,
including those within the City of Key West. Chapter 316, Florida Statutes, the Florida Uniform
Traffic Control Law, and specifically Sec. 316.0006(2)(a), Florida Statutes, provides: "Chartered
municipalities shall have original jurisdiction over all streets and highways located within their
boundaries, except state roads, and may place and maintain such traffic control devices which
conform to the manual and specification of the Department of Transportation upon all street and
highways under their original jurisdiction as they shall deem necessary to indicate and to carry out
the provisions of this chapter or to regulate, warn or guide traffic." Therefore, the speed zones on
county- maintained roads within the City of Key West are under the City's jurisdiction as per Chapter
316, Florida Statutes.
In accordance with Sec. 316.189, Florida Statutes Establishment of municipal and county speed
zones, the City of Key West has determined that the speed zones on certain County maintained roads
within the City of Key West will be modified (please see attached map). While the City has
requested the County's concurrence on the proposed speed zones, the authority to set the speed
limits on the County maintained roads that run through the City of Key West rest within the City's
authority. Thus, Sec. 25 -2(a) of the Monroe County Code will be amended to remove the speed
zones listed for County maintained road within the City of Key West as regulation of those speed
zones are under the jurisdiction of the City relating to regulating, warning or guiding traffic as per
F.S. 316.006(2)(a) and should be regulated under the City's Code, except for the speed limit for the
unplatted access road through Higgs Beach Park/ Portion of Atlantic Blvd, which will remain in our
Code.
Additionally, Attorney General Opinion 2001 -06, provides that a municipality has the authority to
set speed limits on county roads that runs through a residential district and is located within the
municipality (see attached AGO 01 -06).
PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 27 -1987; Ordinance No. 43 -1988;
Ordinance No. 38 -1993; Ordinance 30 -1994; Ordinance No. 44 -1996; Ordinance No. 33 -1997;
Ordinance 35 -2001; Ordinance No. 014 -2014; Ordinance No. 015 -2014
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as requested.
DOCUMENTATION:
Ordinance Amending Sec. 25 -2. Establishment of county speed zones
City of Key West Recommended Speed limits Map
AGO authority of city to establish speed limit on county roads within city
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County:
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:
Judith Clarke Completed 10/01/2018 2:09 PM
Christine Limbert Completed 10/01/2018 3:01 PM
Budget and Finance Completed 10/01/2018 3:42 PM
Maria Slavik Completed 10/01/2018 4:26 PM
Kathy Peters Completed 10/03/2018 10:50 AM
Board of County Commissioners Pending 10/17/2018 9:00 AM
ORDINANCE -2018
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
25 -2 OF THE MONROE COUNTY CODE RELATING TO
THE ESTABLISHMENT OF COUNTY ROAD SPEED
ZONES; REMOVING THE ESTABLISHED SPEED
LIMITS FOR COUNTY MAINTAINED ROADS WITHIN
THE CITY OF KEY WEST IN ACCORDANCE WITH
CHAPTER 316, FLORIDA STATUTES; 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, the County has County maintained roads within the City of Key West; and
WHEREAS, Sec. 25 -2(a) of the Monroe County Code establishes the speed zones for
various County roads, including those within the City of Key West; and
WHEREAS, Chapter 316, Florida Statutes, the Florida Uniform Traffic Control Law,
was enacted to "make uniform traffic laws to apply throughout the state and its several counties
and uniform traffic ordinances to apply in all municipalities; and
WHEREAS, Sec. 316.0006(2)(a), Florida Statutes, provides: "Chartered municipalities
shall have original jurisdiction over all streets and highways located within their boundaries,
except state roads, and may place and maintain such traffic control devices which conform to the
manual and specification of the Department of Transportation upon all street and highways under
their original jurisdiction as they shall deem necessary to indicate and to carry out the provisions
of this chapter or to regulate, warn or guide traffic. "; and
WHEREAS, in accordance with Sec. 316.189, Florida Statutes Establishment of
municipal and county speed zones, the City of Key West has determined that the speed zones on
certain County maintained roads within the City of Key West will be modified; and
WHEREAS, Section 25 -2(a) of the Monroe County Code will be amended to remove the
speed zones listed for County maintained roads within the City as those are under the jurisdiction
of the City relating to regulating, warning or guiding traffic as per F.S. 316.006(2)(a) and should
be regulated under the City's Code, except for the speed limit for the unplatted access road
through Higgs Beach Park/ Portion of Atlantic Blvd, which will remain in our Code;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1 : Section 25 -2(a) Establishment of county speed zones in the chart shall be
amended as follows:
Sec. 25 -2. - Establishment of county speed zones.
(a) The speed of 25 miles per hour is hereby established for all county roads; provided, however,
following
speed limits are established for certain county roads in residence districts as follows:
Keys
Streets
mph
Key West
Street, E-ateR Street, Palm APeRu , st S tFe ,+ Whitehead S tFe ,+ B
-Duval
Key West
Atlantic Blvd. (within Higgs Beach)
15 '
Big Coppitt
Prado Circle
15 '
Geiger
Boca Chica Road (from U.S. 1 to Venus Lane and from Boundary Lane to end)
30 '
Bay Point
West Circle Drive, East Circle Drive
15 '
Sugarloaf
Sugarloaf Blvd.
30 '
Cudjoe
Blimp Road
30 '
Summerland
Niles Road, Ocean Drive, Westshore Drive
30 '
Middle
Middle Torch Road
30
Torch
Big Torch
Dorn Road
30 '
Little Torch
State Road 4A
30
Newfound Blvd. (U.S. 1 to Sea Camp), Watson Blvd. (from Eden Pines to Ave. B),
Big Pine
30
Long Beach Road, Key Deer Blvd.
Tropical Trader Road, Springtime Road, Frostproof Road, Journey's End Road, Sunset
Big Pine
15
Road, Sunrise Road
Key Largo
Sweeting Road, Sunrise Drive, Tarpon Street, Old Tavernier Cove Subdivision; Ocean
15 '
View Trail, Tavernier Heights; Atlantic Circle Drive and Tavern Drive, Tavernier 2
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 said Board held on the 20 day of November, 2018.
Mayor David Rice
Mayor Pro Tern Sylvia Murphy
Commissioner Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
(SEAL)
Attest: KEVIN MADOK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor /Chairperson
HRISTMAS
TREE
STAND
N
Y
RECOMMENDED
ROAD
SYMBOL SPEED (MPH)
CLASSIFICATION
35
Arterial (major)
30
Arterial (minor)
25
Collector
20
Local
15
Special Use
LEGEND
GARRISON aG,
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SALT PONDS
SHIP
BASIN
FORT ZACHARY TAYLOR
STATE PARK
REST BEACH
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C.28.b
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Parking and Alternative Transportation Group
R ecommended S peed Limits
CITY OF KEY WEST
Packet Pg.805
Mr. Paul R. Gougelman, lll, Fla. AGO 2001 -0 (2001 ) C.28.0
Fla. AGO 2oo1 -o6 (F1a.A.G.), 2001 WL 12926o
Office of the Attorney General
State of Florida
AGO 2001 -06
February 12, 2001
RE: MUNICIPALITIES -- COUNTIES -- TRAFFIC CONTROL -- ROADS -- authority of municipality to establish 30
miles per hour speed limit on county maintained road located within municipality. ss. 316.006, 316.008, 316.183, 316.189,
Fla. Stat.
*1 Mr. Paul R. Gougelman, III
Town of Indialantic Attorney
1825 Riverview Drive
Melbourne, Florida 32901
Dear Mr. Gougelman:
You ask substantially the following question:
Does a municipality have the authority to set a 30 miles per hour speed limit on that portion of a county road that runs
through a residential district and is located within the municipality?
In sum:
A municipality has the authority to set a 30 miles per hour speed limit on that portion of a county road that runs through
a residential district and is located within the municipality.
According to your letter, the Town of Indialantic is interested in reducing the speed limit on a road that traverses a single -
family residential neighborhood. Currently the speed limit is posted at 35 miles per hour, presumably by the county that
apparently owns the roadway. The county attorney has advised the town that it has the authority to change the speed
limit. You have advised this office that the Town of Indialantic is a chartered municipality.
Chapter 316, Florida Statutes, the Florida Uniform Traffic Control Law, was enacted to "make uniform traffic laws to
apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." I The
purpose of the act was to eliminate the "hodgepodge of ordinances which vary as to language and penalty," resulting
in an inconvenience and hazard to travelers. 2
The provisions of Chapter 316, Florida Statutes, are "applicable and uniform throughout this state and in all political
subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered
by this chapter unless expressly authorized." 3 This office has previously stated that Chapter 316, Florida Statutes,
operates to prohibit any local legislation on traffic control or the enforcement thereof under the police power of a
municipality, except as may be expressly authorized by the Uniform Traffic Control Law. 4
Section 316.006(2)(a), Florida Statutes, provides:
'Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries,
except state roads, and may place and maintain such traffic control devices which conform to the manual and
Mr. Paul R. Gougelman, III, Fla. AGO 2001 -0 (2001 ) C.28.0
specifications of the Department of Transportation upon all streets and highways under their original jurisdiction as they
shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic." s
(e.s.)
In contrast, section 316.006(3)(a), Florida Statutes, provides that "counties shall have original jurisdiction over all streets
and highways located within their boundaries, except allstate roads and those streets and highways specified in subsection
(2) .... (e.s.) In considering the application of section 316.006, the court in State v. Williams 6 stated that the statute vests
exclusive jurisdiction in the various governmental entities enumerated, in that case the State, through the Department
of Transportation, for the establishment of traffic control devices, speed limits, signs, etc., on state roads.
*2 In enacting Chapter 316, Florida Statutes, the Legislature recognized that there are conditions that require
municipalities to pass certain traffic ordinances regulating municipal traffic that are not required to regulate the
movement of traffic outside of municipalities. 7 Section 316.008, Florida Statutes, expressly recognizes areas in which
local authorities may exercise control with respect to the streets and highways under their jurisdiction and within the
reasonable exercise of the police power. Among those areas enumerated is the power to alter or establish speed limits
within the provisions of Chapter 316.
Section 316.183(2), Florida Statutes, provides:
'On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence
districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or
municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation
determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence
district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense
Highways and have not fewer than four lanes is 40 miles per hour." (e.s.)
Moreover, section 316.189(1), Florida Statutes, provides in part that the maximum speed within any municipality is 30
miles per hour, although a municipality may set speed zones altering the speed limit, both as to maximum and minimum,
after an investigation determines that such a limit is reasonable. Similarly, section 316.189(2), Florida Statutes, provides
that the maximum speed on any county maintained road in a business or residence district is 30 miles per hour. "Residence
district" is defined by section 316.003(38), Florida Statutes, as
'The territory contiguous to, and including, a highway, not comprising a business district, when the property on such
highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use
for business."
While the county may have maintenance responsibility over the road as a county road, the above statutes indicate that
the town, as a chartered municipality, has jurisdiction to control traffic over that portion of the road located within the
boundaries of the municipality. Moreover, an examination of Chapter 316, Florida Statutes, clearly indicates that the
speed limit on a local road or highway within a residence district, whether within a municipality or county, is generally
30 miles per hour. 9
Accordingly, I am of the opinion that a municipality has the authority to set a 30 miles per hour speed limit on that
portion of a county road that runs through a residential district and is located within the municipality.
Sincerely,
*3 Robert A. Butterworth
Attorney General
Mr. Paul R. Gougelman, III, Fla. AGO 2001 -0 (2001 ) C.28.0
Footnotes
1 Section 316.002, Fla. Stat.
2 See, the preamble to Ch. 71 -135, Laws of Florida, creating Ch. 316, Fla. Stat.
3 Section 316.007, Fla. Stat. See, s. 316.002, Fla. Stat., stating that it is unlawful for any local authority to pass or attempt to
enforce any ordinance in conflict with the provisions of Ch. 316, Fla. Stat.
4 See, e.g., Ops. Att'y Gen. Fla. 98 -62 and 98 -15 (1998).
5 See generally, s. 316.003(23), Fla. Stat., defining "Official Traffic Control Devices," for purposes of Chapter 316, Florida
Statutes, to include " all signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority
of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic."
6 303 So. 2d 74, 75 (Fla. 3d DCA 1974).
7 Section 316.002, Fla. Stat.
8 Section 316.008(1)(j), Fla. Stat.
9 See, s. 316.183(2), Fla. Stat. (with respect to a residence district, a county or municipality may set a maximum speed of 20 or 25
miles per hour on local streets and highways after an investigation determines that such a limit is reasonable); s. 316.189(1), Fla.
Stat. (while maximum speed within municipality is 30 miles per hour, a municipality may, with respect to residence districts,
set a maximum speed of 20 or 25 miles per hour on local streets or highways after an investigation); s. 316.189(2), Fla. Stat.
(while maximum speed in a business or residence district is 30 miles per hour, a county may set on a county maintained road
a maximum speed limit of 25 miles per hour in residence districts after an investigation that such speed is reasonable).
Fla. AGO 2ooi -o6 (F1a.A.G.), 2001 WL 129260
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