HomeMy WebLinkAboutItem J2 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
December 10, 2025
Agenda Item Number: J2
2023-4866
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner
N/A
AGENDA ITEM WORDING: Approval to Advertise a Public Hearing to Consider Adoption of an
Ordinance Amending Chapter 26 of the Monroe County Code of Ordinances to Establish a Slow
Speed/Minimum Wake Boating Restricted Area for Tavernier Creek at the Request of the Village of
Islamorada Due to Safety Concerns.
ITEM BACKGROUND:
Monroe County currently holds a Slow Speed Minimum Wake("SSMW")boating restricted area in
Tavernier Creek, established by attached Ordinance No. 019-1995. The Village of Islamorada, in the
area where this water body is situated, approached the Monroe County Marine Resources Office with a
request to extend the existing SSMW boating restricted area or add a new, adjacent SSMW boating
restricted area. The new SSMW area specifically targets a narrow portion of the creek encompassing
two blind bends. The proposed SSMW area aims to enhance safety,particularly around the blind bends
that pose navigational challenges. At the January 31, 2024, regular meeting of the Board of County
Commissioners ("Monroe County", "Board", "BOCC", or the "County"), the BOCC directed Marine
Resources Office professional staff to apply for the requested SSMW area.
Marine Resources Office professional staff compiled required documentation, including a draft
ordinance as required by Florida Fish and Wildlife Conservation Commission ("FWC") to undergo
Florida Administrative Code restricted area rulemaking in order to establish a new SSMW boating
restricted area in Tavernier Creek. The application has undergone review by the FWC Boating and
Waterways Section. At this time Marine Resources Office professional staff has provided the draft
ordinance to the BOCC and is hereby requesting approval to advertise a County public hearing to
consider adoption of an ordinance establishing a boating restricted area (i.e., "Slow Speed/Minimum
Wake"zone) for Tavernier Creek as shown in the attached draft Ordinance. County professional staff
anticipate scheduling this public hearing for the BOCC's regular January 28, 2026, meeting.
PREVIOUS RELEVANT BOCC ACTION:
1330
December 1994: Ordinance No. 029-1994 creating a boating restricted area(idle speed/no wake zone)
in Tavernier Creek.
June 1995: Ordinance No. 019-1995 amending ordinance 029-1994 from an idle speed/no wake zone to
a slow speed/minimum wake zone.
January 2024: Direction to Marine Resources Office professional staff to work with FWC and other
permitting agencies extend the existing SSMW boating restricted area or add a new, adjacent SSMW
boating restricted area.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Tavernier Creek Slow Speed Zone letter to MC.pdf
DRAFT Tavernier Creek SSMW Ordinance 10-15-2025.docx
FINANCIAL IMPACT:
N/A
1331
r r, IsCamorada,
Tiffiage of Islands
r
1
January 4, 2024
Brittany Burtner
Sr. Administrator, Marine Resources Office
Monroe County Planning & Environmental Resources
2798 Overseas Highway, Suite 400, Marathon, Florida 33050
RE: Extension of Tavernier Creek Slow Speed Zone
Dear Ms. Burtner;
Islamorada, Village of Islands (the "Village"),Nearshore Water Citizen's Advisory Committee
(the "Committee")has been discussing the idea of an extension of the Tavernier Creek slow
speed zone. The Committee has significant concerns regarding boater safety in the portion of
Tavernier Creek on the bayside that is not included within the current slow speed zone. This is
due to the curves within this part of the Creek and the high rate of speed that this area is
travelled. There have been numerous boating accidents in this location.
This situation has been made aware to the Islamorada Village Council (the "Council"). At the
December 12, 2023,Village Council Meeting,the Council directed Village staff to coordinate
with the appropriate agency staff at the county, state and federal levels to pursue the extension of
the slow speed zone to the mouth of the Creek at Florida Bay. The Village is requesting the
assistance of Monroe County with the extension of this zone, due to safety concerns. We
understand the zone is a County Ordinance. The Village would work with the County in any way
necessary to amend the Ordinance to extend the slow speed zone. If the County is agreeable,
please let us know how we could assist.
Respectfully,
Ma "a"l Bassett
Acting Village Manager
Islamorada, Village of Islands
f
86800 Overseas Highway, Islamorada, FL 33036
Office 305-664-6400 • FAX 305-664-6464 • www.islamorada.fl.us 1332
1
2
3
5
7
8 MONROE COUNTY, FLORIDA
10 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
11 ORDINANCE NO. -2025
12
13 AN ORDINANCE,BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS, APPROVING AMENDMENT
15 OF CHAPTER 26, MONROE COUNTY CODE OF
16 ORDINANCES; ESTABLISHING A BOATING
17 RESTRICTED AREA ("SLOW SPEED/MINIMUM WAKE
18 ZONE") WITHIN A PORTION OF TAVERNIER CREEK;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR
20 REPEAL OF INCONSISTENT PROVISIONS; PROVIDING
21 FOR FILING AND AN EFFECTIVE DATE; PROVIDNG FOR
22 CODIFICATION.
23
24
25 WHEREAS, Florida Statutes Section 327.46(1)(c) expressly enables county and
26 municipal local governments to establish by ordinance certain boating-restricted areas, as
27 long as such ordinance is permitted by the Florida Fish & Wildlife Conservation
28 Commission ("FWC"), and meets the requirements of Rule 68D-21.001, Florida
29 Administrative Code ("F.A.C."); and
30
31 WHEREAS, the Monroe County Board of County Commissioners ("Monroe
32 County", "BOCC", "Board", or the "County"), at its January 31st, 2024, public meeting,
33 approved having the Monroe County Marine Resources Office proceed with a Slow
34 Speed/Minimum Wake boating restricted area for the subject portion of Tavernier Creek
35 encompassing two blind bends and two blind intersections; and
36
37 WHEREAS, Monroe County professional staff have drafted a Slow
38 Speed/Minimum Wake ordinance for the portion of Tavernier Creek encompassing two
39 blind bends and two blind intersections and submitted said draft ordinance (and additional
40 necessary documentation pursuant to Rule 68D-21.001, F.A.C.) to FWC for preliminary
41 review prior to the BOCC holding a public hearing for adoption of the ordinance; and
42
43 WHEREAS,FWC has determined that the submitted Slow Speed/Minimum Wake
44 ordinance meets the criteria of Rule 68D-21.001, F.A.C.; and
45
46 WHEREAS,FWC has determined that the submitted Slow Speed/Minimum Wake
47 ordinance did not meet the criteria of Rule 68D-21.004(3), F.A.C.; and
1
1333
48 WHEREAS, amending Chapter 26, Monroe County Code of Ordinances, to
49 establish a new regulation requiring Slow Speed/Minimum Wake in the portion of
50 Tavernier Creek encompassing two blind bends and two blind intersections is in the best
51 interest of the health and safety of the public at-large;
52
53 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY
54 BOARD OF COUNTY COMMISSIONERS:
55
56 Section 1. The foregoing Ordinance title, recitals, statements of legislative intent,
57 findings of fact, and conclusions of law are true and correct and are hereby
58 incorporated as if fully stated herein.
59
60 Section 2. Chapter 26 of the Monroe County Code of Ordinances is hereby amended
61 as follows:
62
63 Chapter 26—WATERWAYS
64
65 ARTICLE III.—VESSEL RESTRICTED AREAS
66
67 Sec. 26-71 —Boating restricted zones established.
68
69 (b) Slow speed/minimum wake zones. No person shall operate a vessel in the
70 following areas spatially defined as "slow speed/minimum wake zones" at a speed
71 in excess of slow speed/minimum wake as defined in this chapter:
72
73 (9) Tavernier Creek North: To include all waters within Tavernier Creek including the
74 contiguous creeks that allow entry to Tavernier Creek from Florida Bay starting
75 approximately 1,800 feet from the intersection of Tavernier Creek and the northern man-
76 made canal ending approximately 300 feet north of the mangrove shoreline at the north
77 end of Tavernier Creek as shown in Exhibit A
78
79 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
80 ambiguities, within this Ordinance or between this Ordinance and the
81 Monroe County Code of Ordinances, Florida Building Code, Monroe
82 County Land Development Code, Monroe County Comprehensive Plan, or
83 any other approval of the Monroe County Board of County Commissioners,
84 Monroe County Planning Commission, Monroe County Development
85 Review Committee, Monroe County Planning & Environmental Resources
86 Department, Monroe County Marine Resources Office, or other department
87 or office of Monroe County, the more restrictive rule, regulation, law,
88 provision, and text shall always apply.
89
90 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all
91 provisions of the Monroe County Comprehensive Plan, Florida Building
92 Code, Monroe County Codes, Florida Statutes, and floodplain management
93 regulations whose interpretation arise out of, relate to, or are interpreted in
2
1334
94 connection with this Ordinance, shall be liberally construed and enforced in
95 favor of Monroe County, and such interpretation shall be entitled to great
96 weight in adversarial administrative proceedings, at trial, in bankruptcy, and
97 on appeal.
98
99 Section 5. This Ordinance neither ratifies nor approves, nor shall be interpreted as
100 ratifying or approving, any violation or violations of the Monroe County
101 Code of Ordinances, Monroe County Land Development Code, Monroe
102 County Comprehensive Plan, floodplain management regulations, Florida
103 Building Code, Florida Statutes, Florida Administrative Code, or any other
104 law, rule, or regulation, whether Federal or of the State or of Monroe
105 County, and shall not be construed as ratifying or approving of any such
106 violation of law(s), rule(s), or regulation(s).
107
108 Section 6. Approval of this Ordinance shall not estop or waive, nor shall be construed
109 as estopping or waiving, the right to enforce, seek enforcement of, and
110 require compliance with the Monroe County Codes, Monroe County
111 Comprehensive Plan, floodplain management regulations, Florida Building
112 Code, Florida Statutes, Florida Administrative Code, or any other law, rule,
113 or regulation, whether at law or in equity.
114
115 Section 7. Severability, Partial Invalidity, and Survival of Provisions. If any
116 provision of this Ordinance, or any section, subsection, or part or portion
117 thereof, is held to be invalid or unenforceable by any administrative hearing
118 officer or court of competent jurisdiction, the invalidity or unenforceability
119 of such provision, or part or portion thereof, shall neither limit nor impair
120 the operation, enforceability, or validity of any other provisions of this
121 Ordinance, or any remaining section(s), subsection(s),part(s), or portion(s)
122 thereof. All other provisions, parts, and portions thereof shall continue
123 unimpaired in full force and effect.
124
125 Section 8. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
126 conflict with this Ordinance are hereby repealed to the extent of said
127 conflict. The repeal of an ordinance herein shall not repeal the repealing
128 clause of such ordinance or revive any ordinance which has been repealed
129 thereby.
130
131 Section 9. Filin2 and Effectiveness. This Ordinance shall be filed in the Office of the
132 Secretary of the State of Florida and shall become effective as provided by
133 law.
134
135 Section 10. Codification. The provisions of this Ordinance shall be included and
136 incorporated into the Code of Ordinances of Monroe County, Florida and
137 shall be numbered to conform with the uniform numbering system of the
138 Code.
139
3
1335
140 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
141 County, Florida, at a regular meeting held on the day of , 20
142 Mayor Michelle Lincoln
143 Mayor Pro Tem David Rice
144 Commissioner Craig Cates
145 Commissioner James K. Scholl
146 Commissioner Holly Merrill Raschein
147
148 BOARD OF COUNTY COMMISSIONERS OF
149 MONROE COUNTY, FLORIDA
150
151
152 By:
153 Mayor Michelle Lincoln
154
155
156
157
158 (SEAL)
159
160 ATTEST: KEVIN MADOK, CLERK
161
162
163
164 AS DEPUTY CLERK
4
1336
165 Exhibit A.
166
167 Tavernier Creek North SSMW Zone
168
: ±\
\\» y ?22«\ ^
169
170
� C
. r
171
17
173 \ Slow Speed Minimum Wake Zone Zone Marker
5
1337