Item O01 0.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.1
Agenda Item Summary #6350
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance amending
Section 25-2 (a) of the Monroe County Code to remove the established speed zones for County
maintained roads within the City of Key West that were inadvertently reinserted into the Monroe
County Code upon adoption of Ordinance No. 008-2019, adding Cabanas Way to the list of County
controlled roads at the Key West International Airport (Stickney Lane, Faraldo Circle and Nancy
Cherry Way) and retaining the unplatted access driveway road through the parking lots of Higgs
Beach County Park, a/k/a Atlantic Boulevard for inclusion in the Monroe County Code.
ITEM BACKGROUND: Under state law, cities have the authority to set speed limits for County
maintained roads that are located within city limits. See, F.S. 316.006(2)(a) and A.G.O. 2001-06.
An exception exists for roads located on airport property since the County retains police powers
there. F.S. 332.08.
The City of Key West determined changes were warranted to the speed zones on certain County
maintained roads that were located within the City. Since some of the affected roads were also listed
in the County Code, staff proposed an ordinance that would remove the relevant roads from the
speed limit lists set forth at Section 25-2(a) of the Monroe County Code. On 11/20/18, the Board
adopted Ordinance 026-2018, which removed all but Atlantic Boulevard from the speed limit list of
County Roads located within Key West. Atlantic Boulevard remained on the list because it is an
unplatted access driveway connecting the parking lots at Higgs Beach County Park with the City's
road system.
Because the County maintains the authority to set speed limits on airport property under F.S. 332.08,
the Board adopted Ordinance 008-2019 on 02/20/19, which included airport roads Stickney Lane,
Faraldo Circle, and Nancy Cherry Way on the speed zone list at Section 25-2(a) of the Code.
Unfortunately, that ordinance also re-inserted the other County maintained roads located within Key
West onto the list at Section 25-2(a).
The proposed ordinance resolves this inadvertent error and once again removes from the list of speed
zones set forth at Section 25-2(a) all County maintained roads that are located within the City of Key
Packet Pg. 2191
0.1
West except for the unplatted portion of Atlantic Boulevard that serves as an access driveway to the
parking lots at Higgs Beach and the airport roads. The proposed ordinance also adds Cabanas Way
to the list for the first time. Cabanas Way is also located on airport property.
PREVIOUS RELEVANT BOCC ACTION:
12/11/19 (N6) BOCC scheduled a Public Hearing for 1/22/20 in Marathon, FL at 1:30 P.M. or as
soon thereafter as may be heard
11/20/18 BOCC adopted Ordinance No. 026-2018
2/20/19 BOCC adopted Ordinance No. 008-2019
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Airport and Higgs Road Speed Zone Ordinance 2020
Map KWIA properties identifying unplatted acess roads (Stickney Lane, Faraldo Circle and Nancy
Cherry Way) WITH ADDED CABANAS WAY
Ordinance No. 026-2018 County Road Speed Zones BOCC 1120 18 (S 1) (Removing County Roads
in the City of KW except unplatted access road Higgs Beach Park/portion of Atlantic Blvd)
Ordinance No. 008-2019 County speed zones KWIA BOCC 2 20 19 (R8) (adding unplatted access
roads KWIA (Stickney Lane, Faraldo Circle and Nancy Cherry Way) &inadv reinserting Co roads
in City of KW)
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: Advertising costs
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 4001-00101 BOCC ADMINISTRATIVE FUND
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Packet Pg. 2192
0.1
Additional Details:
N/A
REVIEWED BY:
Pedro Mercado Completed 12/12/2019 8:49 AM
Bob Shillinger Completed 01/07/2020 6:16 PM
Budget and Finance Skipped 01/07/2020 5:52 PM
Maria Slavik Skipped 01/07/2020 5:52 PM
Kathy Peters Completed 01/07/2020 7:33 PM
Board of County Commissioners Pending 01/22/2020 9:00 AM
Packet Pg. 2193
0.1.a
ORDINANCE NO. -2020
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 25-2(a) OF THE MONROE
COUNTY CODE RELATING TO THE ESTABLISHMENT
OF COUNTY ROAD SPEED ZONES; REMOVING THE Z
ESTABLISHED SPEED LIMITS FOR COUNTY
MAINTAINED ROADS WITHIN THE CITY OF KEY WEST
IN ACCORDANCE WITH CHAPTER 316, FLORIDA
STATUTES THAT WERE INADVERTENTLY RE- N
INSERTED UPON ADOPTION OF ORDINANCE NO. 008-
2019; ADDING "CABANAS WAY" PURSUANT TO U)
FLORIDA STATUTE 332.08; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING E
FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN 0
EFFECTIVE DATE. 0
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 T
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 Q
and uniform traffic ordinances to apply in all municipalities; and
WHEREAS, F.S. 316.006(2)(a), provides that: "Chartered municipalities shall have
original jurisdiction over all streets and highways located within their boundaries, except state 0
roads, and may place and maintain such traffic control devices which conform to the manual and r-
specification of the Department of Transportation upon all street and highways under their N
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 F.S. 316.189, the City of Key West has determined that c
the speed zones on certain County maintained roads within the City of Key West will be U
modified; and
WHEREAS, F.S. 332.08 grants Monroe County, as the owner of the Key West
International Airport(KWIA),police powers within the property boundaries of KWIA and grants 0
to Monroe County the authority to adopt all needful rules, regulations, and ordinances for the
management, government, and use of properties under Monroe County control, notwithstanding
F.S. 316.006(2)(a) or F.S. 316.189; and
E
Page 1 of 4
Packet Pg. 2194
0.1.a
WHEREAS, on November 20, 2018, the Board adopted Ordinance No. 026-2018
amending Section 25-2(a) of the Monroe County Code to remove the speed zones listed for
County maintained roads within the City as those under the jurisdiction of the City, except for
the speed limit for the unplatted access driveway through parking lots of Higgs Beach County
Park, also known as Atlantic Blvd, which remained in our Code; and
a�
A
WHEREAS, on February 20, 2019 the Board adopted Ordinance No, 008-2019
amending Section 25-2(a) of the Monroe County Code which added Stickney Lane, Faraldo
Circle and Nancy Cherry Way as exceptions to F.S. 316.006(2)(a) and included them in Sec. 25- 0
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2(a) of the Monroe County Code; and
0
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WHEREAS, Ordinance No. 008-2019 also inadvertently re-inserted County roads that
were previously included in Sec. 25-2(a) of the Monroe County Code but which had been
removed by adoption of Ordinance 026-2018,pursuant to F.S. 316.006(2)(a); and
0
WHEREAS, the inadvertently re-inserted streets that fall under the jurisdiction of the
City of Key West need to be removed again from the Monroe County Code; and
WHEREAS, under F.S. 332.08 the roads at the Key West International Airport (to I-
include Stickney Lane, Faraldo Circle and Nancy Cherry Way), should remain in the Monroe Z:
County Code allowing the County to establish speed limits on these roads; and
WHEREAS, Cabanas Way is also identified as a road located entirely within the
boundaries of KWIA and should be included in the Monroe County Code along with Stickney T
Lane, Faraldo Circle and Nancy Cherry Way pursuant to Monroe County's police power granted
in F.S. 332.08; and
N
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WHEREAS, it is in the best interest of the County to bring the Monroe County Code
current as it relates to speed zones on County maintained roads; and
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0
SECTION 1: Section 25-2(a) Establishment of county speed zones in the chart shall be
amended as follows:
0
Sec. 25-2. - Establishment of county speed zones.
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(a) The speed of 25 miles per hour is hereby established for all county roads; provided,
however, the following speed limits are established for certain county roads in residence
districts as follows:
0
Keys Streets mph
Key We PAIM�%crc�crcc��t6i�crc��€mz1p, `�r.rcrcAAL} cP,:3€-&E�vcrcc-�
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Page 2 of 4
Packet Pg. 2195
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Atlantic Blvd. (within Higgs Beach), Key West International Airport(to
Key West include Stickney Laned, Faraldo Circle Nancy Cherry Way and Cabanas 15
Way)
A
...................................... Z
Big Coppitt Prado Circle 15 4)U)
Boca Chica Road (from U.S. I to Venus Lane and from Boundary Lane to 0
Geiger 30 N
end)
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ U)
Bay Point West Circle Drive, East Circle Drive 15
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 0
Sugarloaf Sugarloaf Blvd. 30 E
2
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Cudj oe Blimp Road 30 0
0
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Z:
Summerland Niles Road, Ocean Drive, Westshore Drive 30
......................................
Torch >
Middle 2
Middle Torch Road 30 T
Big Torch Dom Road 30 C14
Q
C14
4)
Little Torch State Road 4A 30
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Newfound Blvd. (U.S. I to Sea Camp), Watson Blvd. (from Eden Pines to 0
Big Pine 30
Ave. B), Long Beach Road, Key Deer Blvd. 0
Tropical Trader Road, Springtime Road, Frostproof Road, Journey's End
Big Pine 15
Road, Sunset Road, Sunrise Road
0
.................................... W
Sweeting Road, Sunrise Drive, Tarpon Street, Old Tavernier Cove U)
Subdivision; Ocean View Trail, Tavernier Heights; Atlantic Circle Drive and
Tavern Drive, Tavernier 2 Subdivision; North Sunrise Drive, Tavernier Trail,
Key Largo Ocean Trail, Singleton's Add. to Tavernier Cove Subdivision; Treasure 15
Boulevard, Francis Drake Drive, Gasparilla Drive, Jean LaFitte Drive, Jolly
Roger Drive, Pirates Drive, Anne Bonny Drive, Barracoa Drive, Arica Drive,
Tortuga Drive, Henry Morgan Drive, LeGrand Drive, John Silver Drive,
Blackboard Drive, Buccaneer Drive, Long Ben Drive, Pirates Cove
Page 3 of 4
Packet Pg. 2196
..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Subdivision
Duck Ke Truman Bridge on Duck Key Drive, bridges on Bimini Drive, Harbor Drive,
10 y
E. Seaview Drive
m
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Countywide School Zones 15
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SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason 0N
held invalid or declared to be unconstitutional, inoperative or void, such
holding shall not affect the remaining portions of this ordinance. If this U)
ordinance or any provision thereof shall be held to be inapplicable to
any person, property or circumstances, such holding shall not affect its >
0
applicability to any other person, property or circumstances. E
2
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts 0
of ordinances in conflict with this ordinance are hereby repealed to the 0
4-
extent of said conflict. z:
e:1
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.
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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,
0
Florida, at a regular meeting of said Board held on the day of 2020. N
Mayor Heather Carruthers aL
CL
Mayor Pro Tem Michelle Coldiron
Commissioner Craig Cates 0
Commissioner David Rice U)
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
0
By By
Deputy Clerk Mayor Heather Carruthers
Page 4 of 4
Packet Pg. 2197
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ORDINANCE NO. 026 -2018
X
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
4-
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 U,
WEST IN ACCORDANCE WITH CHAPTER 316,
FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; 0
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 cv
Ir-
Ir-
WHEREAS, Chapter 316, Florida Statutes, the Florida Uniform Traffic Control Law,
�s
was enacted to "make uniform traffic laws to apply throughout the state and its several counties
co
and uniform traffic ordinances to apply in all municipalities; and U)
0
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 (n
'manual and specification of the Department of Transportation upon all street and highways under a
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
0
WHEREAS, in accordance with Sec. 316.189, Florida Statutes Establishment of U
00
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
cv
WHEREAS, Section 25-2(a) of the Monroe County Code will be amended to remove the d
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;
Page 1 of 3
Packet Pg. 2199
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 a
districts as follows:
0
Keys Streets mph
l >
0
Key West Atlantic Blvd. (within Higgs Beach) 15
0
Big Coppitt Prado Circle 15
Geiger r Boca Chica Road(from U.S. 1 to Venus Lane and from Boundary Lane to end) 30
cv
Bay Point West Circle Drive,East Circle Drive 15
Sugarloaf Sugarloaf Blvd. 30 u)
0
Cudjoe + Blimp Road 30
1 �
Summerland Niles Road, Ocean Drive,Westshore Drive 30
0
Middle Middle Torch Road 30
Torch
00
Big Torch Dorn Road 30
i
Little Torch State Road 4A 30
I
i 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.
I
Tropical Trader Road, Springtime Road,Frostproof Road,Journey's End Road,
Big Pine Sunset Road, Sunrise Road 15
Page 2 of 3
Packet Pg. 2200
CL
Sweeting Road,Sunrise Drive,Tarpon Street, Old Tavernier Cove Subdivision;
Ocean View Trail,Tavernier Heights; Atlantic Circle Drive and Tavern Drive, X
Tavernier 2 Subdivision;North Sunrise Drive,Tavernier Trail, Ocean Trail,
Ke Lar o Singleton's Add. to Tavernier Cove Subdivision; Treasure Boulevard,Francis Drake 15
y g Drive, Gasparilla Drive,Jean LaFitte Drive,Jolly Roger Drive,Pirates Drive,Anne
Bonny Drive,Barracoa Drive,Arica Drive,Tortuga Drive, Henry Morgan Drive,
LeGrand Drive,John Silver Drive, Blackboard Drive,Buccaneer Drive,Long Ben
Drive,Pirates Cove Subdivision
Duck e Truman Bridge on Duck Key Drive,bridges on Bimini Drive, Harbor Drive, E. 10 0
y Seaview Drive
0
Countywide School Zones 15 U
0
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.
Ir-
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.
cc
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance U)
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 o
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of lgnroe; OWN,
Florida, at a regular meeting of said Board held on the 20th day of November, 201$-:c-. . 00
.,.r- _
c
Mayor Sylvia Murphy Yes ,
C3:., �. �
{ Mayor Pro Tem Danny Kolhage Yes CD t 3.: ; -
,1, Commissioner Michelle Coldiron Yes rn .
+ s C>
Commissioner Heather Carruthers YeG
Commissioner David Rice Yes cn Q r
-
(SEAL v BOARD OF COUNTY COMMISSIONERS
�1Ae ti:+IFS.'IfN MADOK, Clerk OF MONR COUNTY, FLORIDA
Bye By
Deputy Clerk a /Chairper Sylvia Murphy
MONROE COUNTY ATTORNEY
APP V AS TO F RM:
Page 3 of 3
CHRISTINE LIMBERT-BARROWS
ASSISTANT CO UN ORNEY
DATE: Packet Pg. 2201
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The Florida.Keys Only Daily Newspaper, Est. ff 676 �
PO Box 1800 Key test FL 33041 R .41 V EF"I �
P (305)292-7777 ext.219 F (305)295®8025
legals@keysne,ws.com
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MONRO'IE CO ENGINEERING ROADS & ��
THE HISTORIC GATO BUILDING
1100 SIMONTON ST ROOM 2-216 VIONROE COUINTY AT"T0PN,tN:.'r �
KEG" WEST FL 33040
Account: 14333 Ticket 260237
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PUBLISHER'S AFFIDAVIT O
STATE OF FLORIDA TtIE IN"
NOTICE OF INTENTION TO CONSIDER
NOTICE IS HEREBY GIVEN TO WHOM IT A C N S�t,fit�� �� � �� �
MAY CONCERN that on November 20 201 85�5 � 4cdc�� fdh m
tee unders Apthority personally appeared 2018 at 3:00 P.M.,or as soon thereaf• aerasm ybAFnear MNin NheCoptmt�smiaren
Ctnambarsw Harvey GovdrrwwtwermN 4n
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ter as may be heard,in the Commission
Chambers, Harvey Government Can,.
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r who on oath says that he or she is tee 1200 Truman, Avenue Rey West � �
Monroe County Florida the Board
of Count Commissioners of MonroeCount,�loruda,rntenrlstocotmsNdeirtfuwN �
of the Key West Citizen,a daily nanimwdn the Iellovvrng C anty�ordr• .�
y ply rNe'wnle- County,F ioruda intends to consider the nan�ce,
adoption of the following,County ordl• �
paper publshe in Keykilest,in Monroe County Florida;that the attached copy name: „ONalh*NCE,,OF 4,444, MONROE cos
of adwertisment,being a legal notice in the matter of Ordinance section 2 '- Was AN ORDINANCE OF THE MrONROE ��RE a lNG Sf ndN 254 F -
COUNTY BOARD OF COUNTY COMMIS- S"t E MO R ENCOU11'SECCOD 2RE TF CD
published in said newspaper in,the fissures of`. THE NwaC'NNIROE CCitN�Nt1TY C�oIpE RELAT� CD
SIGNERS AMENDING SECTION 25.2 OF INGTOTHE'ESTa'SOUSHMENT OFCCtUNk cy
THE MONROE COUNTY CODE RELAT- TY ROAD SPEED ZONES, REMOV INp �
Wednesday,October24,2018 INGTO THE E STAB I.IISHM ENT OFCOUN- THE ESTABLISHED, SPEED LIMITS FOR �
TY ROAD SPEED ZONES, REMOVING COUNTY UMMNTAI NED NOA'b5 NNVNVTNrf•
THE ESTABLISHED SPEED LIMITS FOR
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COUNTY MAINTAINEDROADS VIVNTH� DANTHEK
,Atftlant further says that the Key West Citizen is a newspaper published in Key IN THE WITCITYH
OF KEY WEST , FLORIDAACCCSTATtPIT��P � A �
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West,in said Monroe County Florida and that the said newspapers has hereto- STATUTES;PROVIDING FOR SEVERARIL- U)
fore been,continuously published in said Monroe County Florida every days and ITY; PROVIDING FOR REPEAL OF ALL itY; PR(OVNO110 F*S AL OP AN r_
periodicals matter at the post office An Key West in said ORDINANCES INCONSISTENT HERE- ORDINNAWNS TJN40NOI MAT NIE8'II
p y WITH; PROVIDING FOR INCORPORA- 'WITH,, P?900000�jsoo as N
has been entered as period
Monroe County, Florida, for a period of 11 year next preceding the first publication TION INTO THE MwaONROE COUNTY FkON INTO, THfE NMOIIPE, COEtINT
of the attached o4 of advertisement; and affhant further says that he or she has CODE OF ORDINANCES,AND PR�OVII7 COCgEid,dRtNAN� ANWIN
ropy y ING FOR AN EFFECTIVE(DATE. U �� SA�4��S±S �, 0
neither paiid nor promised any person, firm or corporation any discount„ rebate,
comim,ission or refund for$ pose of securingthis advertisement for ubihica. Pursuant to Section 2860105, Florida Pir�rscuant to SeWon 2850N05, FNoBrd (n
r � p' Statutes„notice is given that of a person Statalt�„wtcuNfCeNs,� aewttSat U#wiper -0
tlon in th s 1d"rpe ~Spa r. decides to appeal any decision made by dieddiss"14 ptadai druyd%rNtV rtmn p,,I, M
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Dated at Key West,Florida,this 17h day of October,Z018
of October,2018.
r.a KE"VIN I ADO w CWrk c 0
"N r KEVIN IMADOK, Clerk of the Circuit C yrrt defied ewofft*Cfark c m
the Circuuit.Court and ex offIdo Clerk of the Board of CouVmty ComnwNsslor
CID the Board of County Commission- sus of MonrooC.ouunt,Florida
N ers of(Monroe County,Florida N0l2�hIR Kcy b dst Nt ecr
1012Ql8 Key west Citizen
Packet Pg. 2202
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KEYS
WEE E KK Ni
Published Weekly s
Marathon, Monroe County,Florida 11 ,
„
in
PROOF OF PUBLICATION 0,311r , 0
If
STATE OF FLORIDA
COUNTY OF MONROE Wry
Before the undersigned authority i �, RECEIVED U)
personally appeared JASOIN KOLER who
on oath, says that he is PUBLISHER of � �t* ���" " �. 1
the WEEKLY (NEWSPAPERS, a weeklyPlONROE
newspaper published in Marathon, in
Monroe County, Florida: that the u, � ' urn
attached copy of advertisement was
published in said newspaper in the t
issues of: (date(,$) of publication ,i t. E
�elolqer
Aff'iant further says that the said WEEKLY urp C4
the
NEWSPAPERS is a newspaper published l
t St1 la
at Marathon, lin said Monroe County; h��, � �en� line �
will n a RX,
Florida,and that the said newspaper has Proc O
sucli urn 91 N1� rp dco
heretofore been continuous) published 1`0011 ��i �n � R°"�� U)
In Said Monroe County, Florida, once tlpou�e, �P11�� � 1 0
� 1�mor��l�ut��mU�N�Nm�N1��each week (on Thursday) a fe1nd has been ,� ��, .
qualified as a second class mail matter at a tt
the post office in Marathon, In Monroe � rur
1 rd ra a to�p r a u1 is (s
Count Florida, for period of one year s c+l�>Ga���- ''a
y, p y r motor$ M
next preceding the first publication of � oar o
the attached copy of advertisement.The
y �aa aa � r to
affiant further says that he has neither
mar
paid nor promised any persons, firma, or � a� �� goj
ard, a r �
� �r� a
corporation any discount, rebate, ®0
commission or refund for the purpose of
securing this advertisement for
fthIi 1i I 1 p ro i -' CD
publication in,the said newspaper(s)and KEVINN .„ t
that The Weekly Newspapers is in full)) o
compliance with Chapter 50 of the ^ 1f4i
Florida State .Statutes on Lecial and
Official Advertisements.
..
S n and b cril ed before me HARLOTTE �u � �
t .s y of 018. * � owtdIot� � zt�
(SEAL) s�R� :September�„2tu�
ao11dad rtn woo
Notary
Packet Pg. 2203
,hine Key-Big P�ne Key,�No Name Key-Liffle,Middle&Big Torch Key-Ramrod KeySurnmerland Key-Culdjoe Key-S�ug,arloat Key
CL
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0
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lip
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30330, Overseas Highway P.0, Box 431639 Big Pine Key, FL 33043
�Phone- -872-0106 Fax- 305-515-29,39
RECEIVED
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AFFIDAVIT OF PUBLICATION
NOV 1 19 2018 0
STATE OF FLORIDA
MONROE COUNT)'ATrORNEY r_
COUNTY OF MONROE 0
Before the undersigned authority personally appeared Stevie Estes, who on oath says that he is the S
Publisher for the News-Baromete r, a weekly newspaper publishied each Friday in it Pine Key, 0
E
Monroe County, Florida; that the attached copy of advertisement, Mein a legal notice in the matter 0
of:
LEGAL NOTICE OF INTENT TO ADO�PT COUNTY ORDINANCE-COUNTY ROAD SPEE,DSI: MON-
ROE COUNTY ENGINEERING DEPARTMENT, 1100 SIMONTON STREET, ROOM 2-216, KEY
WEST, FL 33040.
was publiished in said newspaper in the is,suie(s) of: 0
co
November 9, 2018 U)
0
Affiant furthier says that the News-Barometer is a weekly newspaper published in Big Pine Key, in N
said Monroe County,, Florida and that said newspaper has heretofore been continuously published in 0
0
91
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said, Monroe County, Florida, for a period, of 1 year next preceediing the first
publication of the: attached copy of advertisement- and affiant further says that she has neither paid 0
nor promised any person, firm or corporation any discount, rebate, commission or refund for the purr-
pose of securing this advertisement for publication in said newspaper.
0
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Siginature of Affiant
N
Q
S rin and subscribed b fore m this 13th day of October, 9,01 A 6
�i gn
nature of: (Notary Printed Name of Notary
0
Expires
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Personally Known Produced Identification
Type of Identification Produced
HEDRICK
y C M ki I S S I 1:^0 0 j 24 1 is
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EqPaclket Pg. 22041
4,
FLORIDA DEPARTMENT O
RICK SCOTT KEN DETZNER
4-
Governor Secretary of State
U)
December 3, 2018 0
0
U
Honorable Kevin Madok
Clerk of the Circuit Court E
as
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
O
co
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 026-2018, which was filed in this office on November 0
30, 2018.
as
Sincerely,
0
Ernest L. Reddick 00
Program Administrator
cv
ELR/lb
d
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Packet Pg. 2205
ORDINANCE NO. 008 2019
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA .2
AMENDING SECTION 25-2. OFTHE MO➢NROE COUNTY
CODE; ADDING KEY WEST INTERNATIONAL
AIRPORT (TO INCLUDE STICKNEY LANE, FARALDO
I U)
CIRC CLE AND NANY CHERRY WAY) TO THE TABLE
LISTING THE KEY ON WHICH ]'HE COUNTY ROAD IS 0
LOCATED, THE NAME OF THE COUNTY S'17REET AND U)
U)
THE ESTABLISHED SPEED LIMIT; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COONTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with Sec. 316.189, Florida SWILItCS, establishing rimnicipal
and County speed zones, the City of Key West determined the speed zones oil certain County
maintained roads were to be modified; and
WHEREAS, pUrAlant to FS. 316.006(2)(a), they are under the jurisdiction of the City
related to regulating, warning or guiding traffic and should be regulated under the City's Code, C14
C14
with exception of the speed firnit for the unplatied access road through Higgs Beach ParklPortion
of Atlantic Boulevard, which remained in Monroe County Code; and 0
WHEREAS, on November 20, 2018, the Board of County Commissioners adopted
Orr finance No. 026-201S amending Sec. 25-2(a) of the Monroe COUnty to remove the speed
U)
zones, listed for County nlaintai tied roads tivithin the City; and
0
N
WHEREAS, the chars in Sec. 25-2(a) of [tie Monroe County Code which establishes
speed limits for certain County roads needs to be amended to include Stickney Lane, Faraldo
Circle and Nancy Cherry Way to the table listing (lie Key oil which the County Road is located,
the name of the County street and the established speed limit; and
0
WHEREAS, it is in the best interest of the ('ounty to bring the Monroe COUnty ("ode
current as it relates to speed zones on County maintained roads; C1,4
00
NOW THEREFORE, BE IT ORDAINED Ity THE BOARD OF COUNTY 6
COMMISSIONERS OF MONROE COUNTY, FLORIDA: Z
SECTION 1: Section 25-2. Estal)lishment of county speed zones, Monroe County Code is
hereby ,amended to read as follows:
0
E
Page 'I of 4
Packet Pg. 2206
as
Sec. 25-2. - Est.ablishment of county speed zones.
(a) The speed ol'25 tvides per hour is, hereby es(ablisfied i01- all COUn(y roads; provided, 0
however, following speed limits are established for certain coUnty roads in. resideuce districts -19
.2
as toflows:
(n
Keys Street's mph
U)
Duval Streel, Eawn Street, Palm Avenu , W e, I st Streethitehead Street, Bertha Street, Flaglcr
Key West 30 0
Avenue U)
U)
Atlantic Blvd (withfii Hi�
Key West �gs Beach), Key West International Airport(to include Stickney 15
Lane, Faraldo Circ�eand Nancy CheiTy W,,,q)
Big, Coppill Pnado Orcle 15
as
Geiger Boca ("hica Road Cfrarrn U.S. I taa Venus, Lane and from Boundary Lane to end) 30
63,
Bay Point West Circle Drive, Elast Circle Drive 15 w
CNI
Sugarloaf sug"'Irlond,Blvd. 30 CNI
0
cudjoe 1,31finp Road Y) CO
sumnlerldnd Niles Road, Ocean Drive, Wcsishore Drive 30
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0
Middle N
Middle'hwch Road 30
Torch
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Biy 'hwch Dorn Road 30
0
Little Torch State Road 4A 30
CD
CNI
00
CD
Big Pirw Newfiaind Blvd (US, I to Sea Canip), Watson Blvd. (from Eden Pines to Ave. B), Long 30 CD
Be,ach Road, Key, Deer Blvd. 6
Z
'rropicarrrader Road, Springtime Road, Frostpro(,,4'Road,Journey's End Rt)ad, Sunset Road,
Big Pine 15
Sunrise Road
0
................ 4.
Swecting, Road, Sunrise Drive' 'I"arpon Street,OICII'avernier Owe suhdivision; Ocean View
Key Largo Trail, Tavernier Heights; Atlantic Circ�e DriveandTavern Drive,Tavernier 2 Subdivision� l 5
E
North Sunrise Drive,Tavernier Trail, Occan"Frail, Singleton's Add. to,ravernier Cove cy
Sub division;'Treasurc Boulevard, Francis Drake Drive,Gasparilla Drive—lean Liditte Drive,
hage 2 ol`4
Packet Pg. 2207
Jolly Roger Drive, Pirates Drive, Anne Bonny Drive, Barracoa Drive, Arica Drive,Tortuga C
Drive, Henry Morgan Drive, LeGrand Drive,John Silver Drive, Blaclkhwrd [)rive,
Buccaneer Drivc, Long Ben Drive, Pirates Cove Subdivision
C
19
.2
Duck Key Truman Bridge on I)uck Key [)rive, hrid Iges on Bimini Drive, Harbor,Drive, E'. Scaview 10
Drive
U)
Clounlywide Sellool Zones 15
0
L_
U)
U)
(h)The follow,ing speed limits are hereby established lot-certain other roa(k
Road Direction From To niph
C
C 9 5 NB 1,J,S, 1 8.0 miles N. of US 1 55
8.0 inks N. of'U.S. 1 1.4 miles N. of'('905A 45
1 A mules N. of'C 905,A 1.55 iniles N. of'C!905A 40 CD
CNI
CNI
................. .................. u
1.55 miles, N, ail"C905A Ocean Reef'Ouh 30 u
0
S B Ocean Rccl'Club 1.3 mfle� N. of'C905A 30
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1.3 miles N, oI'C 905A O.2 nifles N. of C905A 45 C
0
N
...............
0.2 miles N. ofC 905A 500 fi N.(A'C 905 A
U)
C
500 I't. M ot'('905A C 905 A 3O
0
C 905A 8.3 undes N. ot"U.S. 1 45
CNI
00
CD
CD
8.3 miles N. ot'U.S. 1 0.0 miles N. ofl.J& 1 55 6
z
0.6 milIcs N. of'U.S, 1 0.45 miles N, ot'U& 1 5 C
2
0.45 miles N. of LLS, I L.J.S. I .15 0
4j
C
............ 0
C 905A _-V_13 C 90,5 3,9 tifiles W of'(, 905 E
Page 3 of 4
Packet Pg. 2208
West EInd of Card Smind Bridge J')ade County Line 35
FB Dade COUnly L,ine West End of Card Sound Brid e 35
9
.2
West Hnd of Card Sound Bridge 3,9 infles W. 4C 905 45
3.9 miles W, ol'C 905 0.4 nifles W. of'C 905 55 U)
0
U)
0A miles W. of(" 905 C 905 45 U)
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. 11" this ordinance or any provision thereof shall be held to
be inapplicable to any pet-soil, property or circumstances, such holding shall not affect its
applicability to any other person, property Or Cit-CLInistances.
SECTION 3: CONFLICT WITH 01 1 HER ORDINANCES. All ordinances or parts of
ordinances in C011flid With this ordinance are hereby repealed to the extent of ;aid conflict.
C14
C14
SECTION 4: INCLUSION IN CODE OF ORDINANCES. 'rhe provisions of this ordinance
shall be included and incorporated in the Code ol" Ordinances of the County ot' Monroe„ Florida, 0
as art addition or amendment thereto, and shall be appropriately renumbered to conform to the
unift)rm numbering systern of the Code.
U)
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provide(] in section 125.66(2), Florida Statutes. 0
N
PASSED AND ADOPTED by the Board of County Commissioners of Monroe COL111ty, CL
as
U)
Florida, ara regular meeting of said Board field on the 2W' day of February, 2019.3 sm ,
fW
Z c-,
r- m
Mayor Sylvia Murphy Yes C 0
Mayor Pro Tem Danny Kolhage Yes C>
Commissioner Michelle Coldiron Yes C14
00
Commissioner Heather Carruthers Yes a m
Commissioner David Rice Yes
0
z
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: II EVIN MADOK, Clerk OF MOOR ' E COUNTY, FLORIDA
0
By�'
eputy Clerk E
Mayor Sylvia Murphy
e aXI
'P ED
PED80-J. N 4 of"4
„ fit 00 01, Packet Pg. 2209
iscillIZEN
I,. „� i" " °Myu`[iST
�l ��,��
RECEIVED
The Florida Keys Only Daily Newspaper, Est. 1876 �
PO Box 1800,,Key West FL 33041 ���� qq uu��� �
P:(3CP9)292-7777 ext, 49 F (3rx5J 39 -ar0 5 E 2 L�019
fegats@fseysnews corm
MONR E CO DEPARTMENT OF AIRPORTS
KEY WEST FL 33040
to
Account: 141789 Ticket: 27 f
ow� 000
PUBLISHER'S AFFIDAVIT NOTICE DFINTWIDN' 45�(,Wt0ER to
STATE OF FLORIDA Fjjof ClUN�r �u Di m� u 0
NOTICE OF INTENTION TO CONSIDER NOTICE 115 HERE Y'GIVEN 16 WHOM, �
COUNTY OF NJ ONROE ADOPTION OF COUNTY ORDINANCE IT mAY wl oNCFRtft'ina?tom ttf lacy 20, �
2019 at 100 IP 'or,As snort ihereaN
NOTICE IS HEREBY GIVEN TO 1NHOtwp I y de r dwr in the fll ey �
IT SAY CONCERN that on.February 20,
Before the undersigned authortty personaVly appeared 2019 at 100 RM,,or as soon thereat- �,n�uew R � �u� � �� ��e�ifti 91
ter as may be heard, inthe Harvey Ifp 0r ,064,061, 1i s im
Government Center, 1200 Truman Aw- nnb ptn,ioe C s,I Rorkii,"efawfKds to
who on oath says that he or she is enue,Key West Monroe County Form- coos thea 11 loon CD
da,the Board of County Commissioners County!ourfinam,,ar°
of Monroe County,FNorida, Intends to
of
LubVrshe In Ke shun'Monroe County, that the attachednews- Count ordinance; txdN � i
y consider the adoption o9 the following
AN ORDIINAil OF F Bit OF
y
paper p y y
copy AN ORDINANCE OF THE BOARD OF '"aE�fNIC��25 �p�f;�tf�OtfROR N
of adwertlsment,being a legal notice In the matter of AMENDING SECTION 25-2 COUNTY COIMMISSIONERS OF MON T'Y OD'E, �� '%sfi 111EiR
Nd`'tONJL�x A I 'y �Td' N CtJUDE
+gas published in said newspaper nn the tissues of: ROE COUNTY, FLORIDA AMENDING ���
STN�rRNR LpO CUBCLE
SECTION 25-2.OFTHE IwtONROE COUN- O Neff 4y t tHETA
TY CODE; ADDING KEY WEST INTER.
Wednesday,January 30,,2019 NATIONAL AIRPORT (TO INCLUDE LE UN t ' I d, xw C,4
STICKNEY DINE, FARALDO CIRCLE OE� i, ht AN T 1S. Cr1
AND NANCY CHERRY WAY)TO THETA. TAR RRO�dNC
BLE LISTING THE KEY ON WHICH THE S G FtDtt t O D tII I I IN t3
fiant further says that the Key,"west Citizen is a newspaper ubliished In e C COUNTY ROAD IS LOCATED,THE NAME
HI R ry 'tTltNl f I��tC
yp OF THE COUNTY STREET AND THE ES- iVR p�I pR TfpN�9N TH�IX
West in said Monroe County, Florida and that the said newspapers has hereto- TABLISHED SPEED LIMIT; PROVIDING �RO C ,N�C, OiE dF RNIVN CtS
fore been continuously published in said Monroe County, Florida every day,and FOR RiEiF AL OF ALL ORDINANCES IN-
AL P Oyylyys If DR -tyt
has been,entered as periodicals matter at.the post office in KeyWest, in said FOR INCORPORATION
HEREWITH;IN PROVIDING
FOR IINCOIRPORAT9ON INTO THE MON-
Monroe County, Florida, for a period of 1 year next preceding the first publication ROE COUNTY CODE OF ORDINANCES; P1Apallh�itt to S�elit 28� f��S„ �Vu,ridi �
StAk,ups,atotan' fis iwdus tualt,l
of the attached Dopy of advertisement, w AND PROVIDING FOR AN EFFECTIVEIII to
and ant further says tha4 he or she has DATE. ' , V sfo epy�atea dedusi rutimttade 0 4)
neither paid nor promised any person,firm or corporation any discount„rebate„ the Rp��nd�erwtl�ry to�f�t 1�e r atte c
commission or refund for the purpose of securing this advertisement for publli,ca- Pursuant to Section 286.0105, Florida penttte„atiP I�sttiz'r ssel N
Statutes,notice is given that if a person �f" ,P G tfe f P rear, ,of the rc �
tion,in th said new,Vsp�Lµ, decodes to appeal any decision made by reedtGS„ if 'tftt fou sua prunposw 4)
the Board with respect to any matter he may wed tux knS I tlhut ar �rerldt 0
considered at such hearings or meet- tlum record of fRnre�(orweeddng),s is nrard 91
unVs,he will need a record of the pro- n ilkh;r'ecord u,rdbus s the^ta tJ, on to
Ign r'e of fffreant) tam record of the proceedings sand cwndernre wufxtan wwindcNw the arrpeaN
ceid,in s,and that, for such u,r ose
m.. he ma need to e sure that a verba- tolbe tna� �
made,
AM reed a^fd sWb d A�etore me thoss" th day of J�Uary 201'4 w'whuch record includes the testimony ADA ASSP rAV"fCC Pf your a,re wa gxuruSO 0r ubsoT ro and evidence upon which the appeal Is w ffn drsafrrPJfy who erreto oo C3
' fie..°'7` to be lead aaxoruo-amuodatioru uuu order to tsertfs 0
pat ae s un t t t""
y✓ wnrurd ADA ASZTANCE Pf you are r personwith r"a f� t �
r wwa awr accommodations
a�tions in oorder to paretid- tuu�f y�t eT t tt da to rforno 4 ocu
ICw bllc natprp� Ttto rl f� �d � rn if
pate an this proceeding,pioase contact
er Rmaid tk�p�rri rd � w �
tfaa t of s �t a�y, o,a k,Et a
y R the County Administrators Office, by � �
mm peen he nru d �Ap;asP oat 7ti ;tf
r
(Notary P Vic Printed)Named ��Vota � �t: pPnoranp (ttPSf 25z fear � �y ��drdr � y Ir i Pr via o �
s no Pat dt of �tf fWP'nt ffrloecrrunty G8
p i;_ w s het chedufed rfi eetu n r da parlor to � e Aq,
hours of a 30 a rn S 90 ar
P
days l tY pitt 7 .Cif x t7 Cy
My com,m'ission expires aas uw4w �� .m ,of your are near- r f e �eedd��trt r� 000 �
� ) JCaptioningmg or orb t7i cave
t �CT a s Closed crIs available aa'xPe via caarr prrr
p ttp11monroecountyfl.
I a D��afey tw r«f�Fi �t �
��� w e 2. rn f r nwetan s of the Mon-
Type of ldentifioatlon Produced 0 eo o ee R dyf fsr� �,i
yProducedq mn sae hers. y Board of County a nrrrrnis-
dT rYl +
yp roe Cotrrat
Personally Known ro ice en I Ica uo�n._.�. f � a � turn^i�P!��>xu�srky ��t �
m Dated at Key Jwes�t, FVoruda„ GiFnw x tr�rf tfno f�aad ad ,for r Tf tprIN Gx
al aw, day Of January,2019, �I w uw C ontut rd fh °a ,; E
s sera rz dti:3dfP„WreP�l�e11 f�tGeen Sm
s O KEVBN hfADOK, &Ilt rf of
a' a B the CIrc ult Court and eau offucio CVerk of
r raw the Board of County Commissioners,of �
Monroe County,Florida
42 n,a 0130119 Kes+west Citizen
Packet Pg. 2210
WKEYS
E E C RECEIVE
019
Published Weekly
Marathon, Monroe County, Florida, �� l �',, MONRor couN7Y ATTORNEY
e 2
PROOF OF PUBLICATION
STATE OF FLORIDA, 3:
COUNTY OF MONROE ;
Before the undersigned authority �
personally appeared.JASON KOOLER who � >; 0
on oath, says that lie is PUBLISHER of
the WEEKLY NEWSPAPERS, a weekly
newspaper published in Marathon, in
Monroe County, Florida: that the " rrArl�
attached copy of advertisement was
published in said newspaper in the
issues of: (diate(s) of publication)
ljzLNZ� � ;!1
Affiant further says that the said WEEKLY
KLy
NEWSPAPERS is a newspaper published j��1 ' � ,r �% C14
at Marathon, in said Monroe County, f s
Florida,and that the said newspaper has
,,.
heretofore been continuously published In said Monroe County, Florida, once
each week (on Thursday) and hats been r �
qualified as a second class mail matter at , ; r�, !f%; U)
the post office in Marathon, In Monroe ' ' ' ;'% 0
County, Florida, for a period of one year
next preceding the first publication of
the attached copy of advertisement.The
affrant further says that lie has neither
paid nor promised ainy person, firm, or dlr
i1
corporation, any discount, rebate„ �
commission,or refund for the purpose of
se
g this advertisement for
publication in the said newspaper(s)and
that The Weekly N!eWs a ers is in full f
com ma� e with h ter. �oL the
z
c
Fl ru a
p Legal @nd
i;
. u�l Advrjtrt-u, s,
�j% 0
wworr t and s bscribed before me
ay of tit
( ) MY COMMISSION#GG 221
`;' ACRES:September 1,2022
BMW TIn N
Notary
Packet Pg. 2211
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r � � turu��r�r���r �u� �auw� �r� �s �sn�r;��r Lwwt�� �w�G¢�dW�« � d h Key^ M�r�wd K M �ao �mr9rgc�Key-Cudjloe Key-Sugarloaf Key
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30330 Overseas Highway hway RO. Box 431639 Big Pine Key, FL 33043
Phone: - 2- 1 Fax; - 1, y : e
AFFIDAVIT OF PUBLICATION RECEIVED
MAR
STATE OF FLORIDA
COUNTY OF MONROE MONROE COUNTY NITORNEY 'a
Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the
Publisher for the News-Barometer, a weekly newspaper published each Friday in Big line Key„
Monroe County Florida; that the attached copy of advertisement„ being a legal notice in the matter
of:.
LEGAL NOTICE: NOTICE OF' INTENT TO ADOPT ORDINANCE RE: PARKING KEY WEST
INTERNATIONAL AIRPORT, 3491 S. ROOSEVELT BLVD., KEY WEST, FL, 33t 40
N
N
was published in said newspaper in the issulle(s) of:
February, 1 01
Affiant further says that the News-Barometer is a meekly newspaper published in Big Nine Key, in
said Monroe County, Florida and that said newspaper has heretofore been continuously published in U)
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big P ne Key, in said Monroe County Florida.„ for a period of 1 year next preceeding the first
publication of the attached copy of advertisement; and affiant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund for the purr �
pose of securing this, advertisement for publication in said newspaper. �
,Signature of Affiant
00
Sworn and subscribed before;�me, this 1 th, day of February, 1
�. 6
S _M
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Sigg tune of otary N rinted W arise of Notary
Expires a
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Typ identification Qroduced . mm ,.. .m .� � . . .._ ....m=DIONNA
Packet Pg. 2212
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NOTICE 1 11ERERY IVEN TONROM IT,MIAVICON ERN Ow ti broo), ",k, 1
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PAL, or ,soolo Avosifter#s m4ylie healyd to tbeHarvoy,b ut 1 O awtattrt,1 ° a
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I iir„ Il�lauull Il „ Gougellirnan, 111111, II-11a„AGO 2001-06(2001)
Fla.AGO 2ooi-o6(F1a.A.G.),2001 WL 12926o
Office of the Attorney General
State of Florida A
AGO 2001-06
February 12,2001 U)
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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, N
Fla.Stat. CL
U)
*1 Mr. Paul R. Gougelman,III
Town of Indialantic Attorney
1825 Riverview Drive E
as
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:
U)
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A municipality has the authority to set a 30 miles per hour speed limit on that portion of a county road that runs through 0
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 0
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.
CL
Chapter 316,Florida Statutes,the Florida Uniform Traffic Control Law,was enacted to "make uniform traffic laws to U)
apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities."1 The A
purpose of the act was to eliminate the "hodgepodge of ordinances which vary as to language and penalty," resulting M
in an inconvenience and hazard to travelers. 0
0
The provisions of Chapter 316, Florida Statutes, are "applicable and uniform throughout this state and in all political 0
subdivisions and municipalities therein,and no local authority shall enact or enforce any ordinance on a matter covered 0
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
0
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. 2214
I iir„ IPaull Il „ Gougellirnan, 111111, II-11a„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."
(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
(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 U)
of Transportation,for the establishment of traffic control devices, speed limits, signs,etc.,on state roads. r-
N
*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 U)
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 E
reasonable exercise of the police power. Among those areas enumerated is the power to alter or establish speed limits E
within the provisions of Chapter 316.
0
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 .5
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 U)
Highways and have not fewer than four lanes is 40 miles per hour." (e.s.)
0
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, 0
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."
U)
While the county may have maintenance responsibility over the road as a county road,the above statutes indicate that 0
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
4-
speed limit on a local road or highway within a residence district,whether within a municipality or county,is generally c
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 an
Attorney General
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Footnotes
1 Section 316.002,Fla. Stat.
2 See,the preamble to Ch. 71-135,Laws of Florida,creating Ch. 316,Fla. Stat.
as
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. 2
4 See, e.g., Ops.Att'y Gen. Fla.98-62 and 98-15(1998).
e)
5 See generally, s. 316.003(23), Fla. Stat., defining "Official Traffic Control Devices,"for purposes of Chapter 316, Florida 0
e)
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." 0
6 303 So.2d 74,75(Fla.3d DCA 1974).
7 Section 316.002,Fla. Stat. CL
8 Section 316.008(1)(j),Fla.Stat. U)
as
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. 0
E
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). L-
Fla.AGO 2ooi-o6(F1a.A.G.),2001 WL 12926o
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