Item S1S.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice, District 4
IleOI1da Keys l'U� Mayor Pro Tem Sylvia J. Murphy, District 5
�pw° Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: S.1
Agenda Item Summary #4845
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 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
Packet Pg. 1906
S.1
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
9/17/18 (C28): BOCC approved advertising and scheduled a Public Hearing to be held 11/20/18 in
Key West, FL at 3:00 P.M. or as soon thereafter as may be heard.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval/
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
Notice of Intention to Consider Adoption of County Ordinance Re: County Road Speed Zones
(Engineering) with POPS
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Adverting Costs
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
Packet Pg. 1907
S.1
REVIEWED BY:
Christine Limbert
Completed
Judith Clarke
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
10/17/2018 11:45 AM
10/17/2018 1:32 PM
10/17/2018 2:01 PM
10/24/2018 2:27 PM
10/24/2018 3:03 PM
11/20/2018 9:00 AM
Packet Pg. 1908
S.1.a
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
0
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:
Packet Pg. 1909
S.1.a
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
al €ateR Street, Palm AyeRbie, , st StFe t Whitehead StFe t BeF
-Street,
Key West
Atlantic Blvd. (within Higgs Beach)
15
Big Coppitt
Prado C.
ircle
15
Geiger
Boca Chica Road (from U.S. 1 to Venus Lane and from Boundary Lane e 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
Packet Pg. 1910
S.1.a
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 0
be inapplicable to any person, property or circumstances, such holding shall not affect its a
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 201' day of November, 2018.
Mayor David Rice
Mayor Pro Tem 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
Packet Pg. 1911
1
(M)i ui pue Aq pasyilge;sa sauoz paads 6uinowaJ •pip Jo; Hd) dBW s;iwil paadg papuawwo3ab;saM A9){;o Al!o :;uawy3ea}y
I z
I iir„ Il�laull 1 „ Gougellirnan, 111111, 1-I1a„ AGO 2001-06 (2001)
Fla. AGO 2ooi-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." 1 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
r
ra�J Packet Pg. 1913
I iir„ IPaull 1 „ Gougellirnan, 111111, 1-IIa„ AGO 2001-06 (2001)
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." 5
(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
r
lr �i.r:;
2t ,, �r r , " ��� r:� �J .. rd���;r .rr e, rrr. , <����� Packet Pg. 1914
I iir„ IPaull II .. Gougellirnan, 111111, II-IIa„ AGO 2001-06 (2001)
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).
Eviiid auV° )oeuuiinerd
Fla. AGO 2ooi-o6 (F1a.A.G.), 2001 WL 12926o
'4:: 1(fl8 V']houuo suuu'ii R auV011°s. k^ uu a;huiiou w uuu°iip iru<iil U S (ymo" iiuuF ii� wtiuu°k's
r
al ,,, 1. > >-'N' �,
�r r , . k) Id �J .. ld� �; rr ru. , . � ��S Packet Pg. 1915
S.1.d
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 20, 2018 at
3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers, Harvey
Government Center, 1200 Truman Avenue, Key West, 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 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.
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': Live Closed Captioning is available via our web portal @
htta monroecountVfl.i(m2. com for meetings of the Monroe County Board of County Commissioners.
Dated at Key West, Florida, this 17h day of October, 2018.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 10/24/18 — Account #143335 (Engineering)
Keys Weekly (Th) 10/25/18 - Account #4204 (Engineering)
News Barometer (Fr) 10/26/18 - Account #NB013 (Engineering)
Packet Pg. 1916
Pupurl-k—:9 M.-Ifibr
PO iox 180�, Key West FL, 33041
P: (305) 292-7777 ext. 219 P (305) 295-8025
legals@keysnews.com
7!1
ISTORIC GATO BUILDING
1100 SIMONTON ST ROOM 2-216
KEY WEST FL 33040
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
ority personally appeared
on oath says that he or she is
of the Key West Citizen, a daily news-
paper publisWin KeyWest, in Monroe county, Florida; that the attached copy
published in said newspaper in the issues of:
My commission expires
Personally Known _A_ Produced Identification A
Type of Identification Produced
NOTKE IS HEREBY GIVEN TO WHOM IT
MAY CONCERN that on November 20,
2010 at 3*00 PM, or as soon thereaf-
ter as may be heard, in the Commission
Chambers, Harvey Govartiment Cen-
ter, 1200 Truman Avenue, Key West
Monroe County, Florida, the Board
of Courmissioners of Monroe
, Florida,F r Coun F?o intends to consider the
adoptngon of the following County ordi-
nance:
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 hear! s or meet -
In e will need a record the pro-
cee Ings, and t t, for such purpose,
he may need to ensure that a verba-
tim record of the pproceedings is made,
which record incudes the testimony
and evidence upon which the appeal is
to be based,
ADA ASSISTANCE, If ou are a person
with a disability wk10 needs special
accommodations in order to partici-
pate In this proceeding, please contact
the Coun Adiminlstr7it6rls Office, by
phoning 05) 292-4441, between the
hours of 8:30 am, 5:00 p.m, no lat-
er than five (5) calendar days prior to
the scheduled meetiny; If you are hear -
I? or voice impaire ca 1 '711 ', Live
C'sed Captioning Is available via our
web portal 0 h "a WmZco for meetings 7meVonn'
roe County Board of County Commis-
sioners.
Dated at Key West, Florida, this 17h day
of October, 2018.
KEVIN MADOK, Clerk of
the Circuit Court and ex offido Clerk of
the Board of County Commission-
ers of Monroe Count Florida
10124118 KeyftsMlillzen
511,
Packet Pg. 1917
Published Weekly
- jes 0 IP ' 0
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
persona I I�La ppea red JASON KOLER who
on oath, says that he is PUBLISHER of
the WEEKLY NEWSPAPERS, a weekly
newspaper published in Marathon, in
Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the
issues of: (date(s) of publication)
UJI'l, M-2 Wal P.M- IT- M
at Marathon, in said Monroe County,
In said Monroe County, Florida, once
each week (on Thursday) and has been
the post office in Marathon, In Monroe
next preceding the first publication of
the attached copy of advertisement. The
affiant further says that he has neither
paid nor promised any person, firm, or
corporation any discount, rebate,
6;F*C'U#4
securing this advertisement for
("imw ".111hiAlft-We-
that The Weekly Newspapers is in full
compliance with Chapter 50 of the
Florida State Statutes on Legal and
Official Advertisements.
............
7'7777-7 7777"',
209m,
MONROE COUNTY ATTORNEY
Notary
I Packet Pg. 1918 1