Item S4
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18. 2003
Division:
Countv Administrator
Bulk Item:
Yes --2L- No
Department: County Administrator
AGENDA ITEM WORDING: Approval of a Resolution authorizing the County Administrator,
subsequent to concurrence by the Sheriff, to authorize the temporary closing of State roads for
special events and activities.
ITEM BACKGROUND: The Florida Department of Transportation requires that there be a specific
process in place for signatures to be placed on forms authorizing the temporary closure of State
roads for special events. In the past this has generally been done by the County Administrator in
concurrence with the Sheriff's office. The other possibility is to present every request for a temporary
road closure to the Board of County Commissioners for a vote. This would mean that certain
temporary closings could not take place because they were not applied for in sufficient time for a
County Commission meeting.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
o
BUDGETED: Yes
No
SOURCE OF FUNDS:
COST TO COUNTY: 0
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
YR
APPROVED BY:
County Atty ./
OMB/Purchasing _ Risk Management _
'--L( ~ L
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James L. Roberts, County Administrator
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
Not Required
DISPosmON:
AGENDA ITEM #
ul/
/
JUN-05-03 15,32 FROH,HONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
1/1
County Administrator
R~SOLVTION NO.
-2003
A RESOLVTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA AUTHORIZING THE COUNlY
ADMINISTRATOR TO APPROVE AND SIGN TEMPORARY STATE ROAD
CLOSURE PERMIT ~ESTS FOR SPECIAL EVENTS AND TO CARRY OUT
THE AIMS OF THIS RESOWTION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY. FLORIDA:
Section 1.
The County Administrator is hereby authorized to approve and sign temporary
state road closure permit requests for special events.
S~ction 2. The County Administrator is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
PAssED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 18th day of June. 2003.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
JresCAD
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.IEB BUSH
GOVER:\OR
Florida Department of Transportation
District Six · Permits Office
1000 Northwest 111th Avenue, Room 6215
Miami, Florida 33172-5800
JOSE ABREU
SECRETARY
May 5, 2003
Mr. James L. Roberts
County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
Dear Mr. Roberts;
Please provide, per Florida Administrative Code Rule Chapter 14-65, the Department with a
copy of a City resolution authorizing the appropriate local governmental authority (Mayor,
City Manager, etc.) to sign on the city's behalf for a Special event that requires a state road
closure.
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In the past severnl years the Department has received at least one request to allow a special
event within your city that requires a state road to be temporarily closed. Mr. Timothy
McGarry and yourself have previously signed these permits, however, the required resolution
has not been provided to us as of this date. It is to your best interest, prior to our approval, that
we know who has the authority within your municipality to review and subsequently approve
the special event.
As an alternative to providing the Department with the above resolution, a certified copy of an
excerpt from the minutes of a duly scheduled city meeting authorizing the specific special
pennit will suffice.
Thank you for your assistance in this matter and please feel free to call at 305 470-5367 if any
further assistance or clarification is needed.
Sin:r' 2 / -v'-----
~y )l.:.o~ PE. ----
Assistant District Permit Engineer
www.dot.state.fl.us
@ "ECYCLED PAPER
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Page 1 of5
Chapter 14-65
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TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS
14~65.001 Scope. (Repealed)
14-65.0011 Exceptions. (Repealed)
i4~65.002 State Roads in Municipal Corporate Limits. (Repealed)
l~-=.6.S. O.Q..~S ScoQ~.J;~ceQji.QnsdW.Qj)etLo.ltion~~
14-65.003 State Roads Outside Municipal Corporate Umits. (Repealed)
14-65..0035 Pro~edyr~tlQLI~n1P_orarv Closing_of StgteRQ9Jt~Qtber Than
l-imite~cces.s Facilities.
14-65.004 Procedures Subsequent to Approval of Request for Temporary
Closing of State Roads Other Than Limited Access Facilities. (Repealed)
14-65.005 Forms to Request Temporary Closing or Special Use of State Road.
(Repealed)
.t 4:"J?.5-,-QQ~Lem.QQ.rqr.y_CJQ?i n..g_Q n ct.s.P-'E;ciQ.u.J~fLOfJ[1te..cs19t~_MLcLOther .1i mlteo.
Access Facilities.
14-6S.....00Q2Eroced!J.[es fOL$pecJal Use QtS.tg.t.~LRo.~J12.Jn~luding. Umit~rj.
AC~~2~_.EgJ;.jIities .
14-65.0068 Procedures Subsequent to Approval of Request for Special Use of
State Roads Including Limited Access Facilities. (Repealed)
14-65.007 Notification of Temporary Closing of State Road for Repair,
Reconstruction, or Alteration. (Repealed)
14-65.0025 Scope, Exceptions, and Definitions.
This rule chapter 14-65 specifies procedures for obtaining a prior written permit for
temporary closure of a state road from the Department when necessary for the conduct
of a special event. The rule Chapter outlines the requirements for special temporary use
of limited access facilities, state roads other than limited access facilities; and for notice
to the appropriate local law enforcement agencies of repair, reconstruction, or alteration
which necessitates the closing of lanes for vehicular traffic.
(1) Exceptions. For purposes of this rule chapter, the following examples are uses of
state roads for special events which do not require a prior written permit:
(a) A motorcade when no traffic lanes are closed and law enforcement personnel
control traffic at each intersection;
(b) A run, walk-a-thon or bicycle event with a police escort and no detour of traffic;
and
(c) A parade on a street which only intersects a state road where law enforcement
personnel control the traffic at such intersections.
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(2) The following words and phrases when used in this rule chapter, shall have the
meaning ascribed in this rule:
(a) "Charitable Purpose" has the meaning specified in Section 496.404(2), Florida
Statutes.
(b) "Commercial Activities" include sale or display for sale, of merchandise; servicing
or repairing of any vehicle, except rendering of emergency service; storage of vehicles
being serviced or repaired on abutting property or elsewhere; solicitation for sale of
goods, property, or services or for charitable purposes; and the display of advertising of
any sort.
(c) "Emergency" is defined in Section 252.34, Florida Statutes, as any occurrence, or
threat thereof, whether accidental, natural, or caused by man/ in war or peace, which
results or may result in substantial Injury or harm to the population or substantial
damage to or loss of property.
(d) "Umlted Access Facility" Is as defined in Section 316.003(19)/ Florida Statutes.
(e) "Local Governmental Authority" means a municipality/ county, or expressway or
transportation authority serving one or more jurisdictions.
(f) "Special Event" means an art festival, parade, annual charity drive, fair, fund
drive, race, run, motorcade, or similar activities of local interest.
(g) "Special Usell means any activities other than those defined as special events and
as detailed in Rule 14-65.0065.
(h) "State Highway System" Is as defined in Section 334.03!lli Florida Statutes.
(i) lIState Road" Is as defined in Section 334.03(27), Florida Statutes.
(j) "Temporary Closing" means the closing, detouring or otherwise restricting traffic
flow of one or more vehicle traffic lanes of a street or highway for a cumulative period of
fifteen minutes or more.
(k) "Written Permit" is Form 850-040-65, Request for Temporary Closing/Special Use
of State Road, 02/92, requesting stated specific permission to close a stated specific
section or part of a state road for a stated specific time 'period, signed by the District
Secretary or designee and the applicant or applicant's authorized representative.
Specific Authority 334.044(2), 337.406(1) FS.Law Implemented 252.34/ 316.003,
316.006(1), 316.0081 334.03, 337.406, 496.425 FS. History - New 1-19-89, Amended
4-15-92, 12-31-96.
14-65.0035 Temporary Closing of State Roads Other Than Limited Access
Facilities.
(1) Procedures for Temporary Closing of State Roads Other Than Limited Access
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Facilities. The temporary use and closing of state roads for the purpose of special
events, not related to construction, reconstruction, maintenance or emergency
purposes, may be accomplished as follows:
(a) A special event may be permitted by the appropriate local governmental
authority.
(b) Prior to temporary closure of a state road for a special event, the local
governmental authority which permits the special event must determine whether a
temporary closing of the road is necessary for the event and obtain prior written
approval from the Department unless excepted as defined in Section 14-65.0025(1) .
(c) A Request for Temporary Closing/Special Use of State Road, Form 850-040-65,
02/92, shall be submitted by the responsible official of the local governmental authority
to the District Secretary, or designee, naming the sponsoring officials; stating that local
law enforcement officials will manage all the details involved in administration of the
event; c;!nd stating that as between the Department and the local governmental
authority, to the extent permitted by Florida law, the local governmental authority will
assume full responsibility for any liability claims arising from, or based on, the activities
of the event.
(d) The local governmental authority shall include with this request:
1. A certified copy of an excerpt from the minutes of a duly scheduled meeting, or
duly executed resolution, of the governmental authority authorizing the special event.
The governmental authority may, by resolution, designate a position within that body
(Mayor, Oty Manager, etc.) to authorize and sign for the body.
2. A marked map, indicating the temporary detours to be utilized by the public; and
showing the placement of appropriate signs; stationing of any officers or flagmen; and
locations of barricades and cones necessary to detour the traffic in a safe and efficient
manner;
3. A description of the provisions made for the temporary rerouting of traffic; and
4. Approval from the United States Coast Guard District Commander authorizing the
opening or closing of any movable bridge within the geographical limits of the event
during the time period of the road closure.
(e) Prior to authorizing the temporary road closing, the Department shall review the
proposed detour route to ensure that traffic volume will be handled and routed safely
and efficiently.
(f) Such closing of the state road shall not be for commercial use, except that any
portion of a state.maintained roadway may be used for special events and special use as
defined in sections 14-65.0025(2)(f) and (2)(g) of this rule chapter, together with such
commercial activities necessarily related to such events. Nothing in this rule chapter
shall be construed to authorize such special events on the interstate highway system,
toll roads, or other limited access facilities.
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