Agenda 01/15/2008 Item #10C
Agenda Item No. 10C
January 15, 2008
Page 1 of 7
EXECUTIVE SUMMARY
A discussion by the Board of County Commissioners with representatives of
ageneies that might be affected by a possible ehange In the BCC Resolution to reftect
an amendment to Florida Statutes regarding the use of AIl Terrain Vehicles (ATV's)
on certain unpaved roads In Collier County.
OBJECTIVE: To provide a forum in which members of the Board of County
Commissioners might discuss with representatives of non-County agencies issues
relevant to unpaved roads in Collier County that might be suitable for the use of ATV's,
as allowed under the amended Florida Statutes in regards to use and restrictions of ATV's
on unpaved roads, as enacted during the 2007 Florida Legislature session.
CONSIDERATIONS: On October 23,2007, a presentation was made to the BCC by
Traffic Operations Department staff in response to the Board's previous direction to
identify unpaved roadways within the County on which ATV's might be allowed to
operate. In order to assure safety for the A TV riders and the motoring public the search
for useful sites ruled out roads on which housing, mining, or agricultural traffic might be
present. The search resulted in identifying three unpaved roadways with sufficient length
to provide a location for A TV use, which were:
1. Janes Scenic Drive, a ten plus mile unpaved roadway within the Fakahatchee Strand
State Preserve, which is under the jurisdiction of the Florida Department of
Environmental Protection, State Park Service.
2. Patterson Boulevard, south of Stewart Drive, in what was once the "South Blocks" of
Golden Gate Estates and is now a part of the Picayune State Forest, under the jurisdiction
of the Florida Department of Agriculture and Consumer Services, Division of Forestry.
3. A three mile segment of unpaved Wagon Wheel Road, a County maintained roadway
running east-west between Birdon Road and Turner River Road within the Big Cypress
National Preserve. While the roadway is County, all lands immediately adjoining the
three mile section are part of the Preserve, which is under the jurisdiction of the National
Park Service.
Representatives of these three agencies have agreed to send representatives to this BCC
meeting in order to discuss A TV issues and to present their views on A TV operation
within or next to their facilities.
During conversations with these representatives several issues were brought up that may
be of interest to the BCC and may be deemed to warrant discussion during his meeting.
These include:
,.".-
. A TV's are titled only and are not registered or tagged.
Agenda Item No. 10C
January 15, 2008
Page 2 of7
. A TV operators are not required to have liability or accident insurance.
. Parking areas will need to be provided for the trucks with trailers that are used to
haul A TV's to the operating area.
. A TV use of roadway segments will increase normal maintenance requirements for
the roadway.
. Time required for emergency vehicles to respond to accidents in these areas can
be substantial, especially during wet season or during inclement weather.
. While these three roadways do not have residences they are open to vehicular
traffic, including sightseers and trucks hauling Off Highway Vehicles.
While these issues mayor may not affect the provision of an A TV area on an unpaved
roadway within tlie County, they will be of interest if7when the BCC decides to move
forward with amending the current County A TV Ordinance to allow A TV use on selected
specific roadway segments.
FISCAL IMPACT: This discussion has no fiscal impact for the County.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners continue the
prohibition of the use of ATV's on County roadways throughout the county. Staff stands
ready to pursue the Board's direction if it is decided to advertise for a public hearing in
order to amend the existing BCC Resolution 2006-256A prohibiting countywide ATV
use.
Prepared By: Robert W. Tipton, P.E., Traffic Operations Director
Attachments: (I) BCC Resolution 2006-256A
(2) County Attorney's Office legal review of A TV issues
~
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item NO.1 OC
January 15, 2008
Page 3 of?
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
This item to be heard no earlier than 4:00 p.m. A discussion by the Board of County
Commissioners with representatives of agencies that might be affected by a possible change
in the BeC Resolution to reflect an amendment to Florida Statutes regarding the use of All
Terrain Vehicles (ATVs) on certain unpaved roads in Collier County. (Bob Tipton,
Transportation/Taffie Ops)
1/15/200890000 AM
Prepared By
Robert W. Tipton, P.E.
Transportation Services
Traffic Operations Director
Date
Traffic Operations
12126/20075:18:35 PM
Approved By
Norm E. Feder, Ale?
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin,
12127120078:07 PM
Approved By
Sharon Newman
Transportation Servic'3s
Accounting Supervisor
Date
Transportation Services Admin
12/27/20078:15 PM
Approved By
Robert W, Tipton, P.E.
Transportation Services
Traffic Operations Director
Date
Traffic Operations
12/30120079:00 PM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
Date
County Attorney Office
12/31/20071 :50 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
113/2008 1 :59 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
113120082:13 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
115/20083:27 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
file://C:\Agenda Test\Export\98-January%20 15,%202008\ 10. %20COUNTY%20MANAGER... 1/9/2008
Page 2 of 2
Agenda Item NO.1 OC
January 15, 2008
Page 4 of 7
Commissioners
County Manager's Office
1/7/20087:11 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 10. %20COUNTY%20MANAGER... 1/9/2008
Agenda Item NO.1 OC
January 15, 2008
Page 5 of 7
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Bob Tipton, Director Traffic Operations.
FROM: Scott R. Teach, Managing Assistant County Attorney
DATE: December 26,2007
RE: RLS 07-TRO-00122 / ATV Use on Unpaved Roads
I am responding to your request for legal services, which asks the following:
(1) Can the county specify that roadways on lands under the jurisdiction of
State agencies be designated for A TV use? --
(2) If the BCC can and does regulate a roadway under a State agency's
jurisdiction, is that agency required to provide the warning signs mandated
by Section 3 I 6.2] 23 of the Florida Statutes?
(3) If the county specifies that A TVs can operate on specific roadways,
can it invoke a requirement that such A TVs be registered and insured?
Short Answer: It is my opinion that the county cannot specify that roadways on lands
under the jurisdiction of State agencies be designated for A TV use. Florida Statutes,
Section 316.006(2) grants counties original jurisdiction over "all streets and highways
located within their boundaries except all state roads..." The State Department of
Transportation's jurisdiction includes all state roads located "within the grounds of all
state institutions and the boundaries of all dedicated state parks..." Further, Florida
Administrative Code Section 62D-2.014(1) states that the regulation of recreational
activities on State park property shall occur "at such locations as designated for specific
uses by the Division (of Recreation and Parks)." That code section further provides for
the regulation of traffic control, speed of vehicles in parks, and restrictions pertaining to
the use of roads and parking within designated areas. Notably, park property and
resources is defined to include all real property in the State of Florida under the
jurisdiction of the Florida Department of Environmental Protection, Division of
Recreation and Parks, regardless of the property's actual designation. See Fla. Admin.
Code S 620-2.013(1).
Finally, to the extent that you can identify roads upon which A TVs can operate, you wish
to know whether the county can require that the ATVs be registered and insured. As you
may recall, when we addressed the issue of operating golf carts on county roads in
Goodland, we reviewed Florida Statute S 3] 6.212(7). That statute specifically states that
the local government entity may enact an ordinance !!!.2ll restrictive regarding golf cart
operation. As a result, we could and did require more restrictive operating requirements,
Agenda Item NO.1 OC
January 15, 2008
Page 6 of 7
including the purchase of insurance. The A TV statute (Fla. Stat. g 316.2074), however,
carries no similar language. Rather, subsection (5) of g 316.2074 states that "an all-
tenain vehicle may not be operated upon the public roads, streets, or highways of this
state, except as otherwise permitted by the managing state or federal agency." The
Florida Attorney General opined on this subject that "absent express authorization under
the Florida Uniform Traffic Control Law, Chapter 3 I 6 constitutes a prohibition on local
legislation on the subjects of traffic control or enforcement." Florida AGO 2007-16,
2007 Fla. AG LEXIS 19, at *3 (March 23, 2007).'
Conclusion
Based upon the known facts and the questions as presented above, my response to all
three are no. Please note, too, if an acceptable road were identified, the Board would
need to pass a Resolution superseding 2006-256A, which exempted the county from
Florida Statutes g316.2123 prior to the recent 2007 amendment.
CC: Norman Feder, A.I.C.P., Transportation Division Administrator
David C. Weigel, County Attorney
Jeffrey A. Klatzkow, Chief Assistant County Attorney
Jim Mudd, County Manager
1 Notwithstanding the prohibition of regulating A TV use on "public roads, streets, or highways" of the
State, the county is empowered to regulate ATV operation on county property. Jd.
2
RESOLUTION 2006- 256A
Agenda Item No. 10C
January 15, 2008
Page 7of7
r--
A RESOLUTION OF THE BOARD OF
COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA
EXEMPTING COLLIER COUNTY, FLORIDA
FROM FLORIDA STATUTES SECTION 316.2123
WHEREAS, the Board of County Commissioners gave due notice of a public hearing on
September 26, 2006 to receive information and comments and to make a determination as to
whether Collier County. Florida should exempt itself from the provisions of Fla. Stat.
S 316.2123; and
WHEREAS. the Board of County Commissioners received comment from the public at
that duly noticed hearing regarding the provisions ofF!a. Stat. S 316.2123; and
WHEREAS, it is the policy of Collier County to promote and regulate the safety of its
citizens on all public roadways of the County; and
WHEREAS, the Board of County Commissioners listened to staff and considered the
provisions of said Statute and its impact and implications on the County and its citizens.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that Collier County, Florida is hereby made exempt from the provisions
of Fla. Stat. S 316.2123 and the same shall not be in effect in Collier County. Florida.
This Resolution is hereby adopted after motion, second and majority vote this 26th day of
September 2006.
ArrEST:
DWIOOE. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,:--~ --2~
By --- -r~
FRANK HALAS, CHAIRMAN
Byr,JJJ'~ll' 0.(.
: Au.A Qliifu. .
. It-- 0lI1~
Approvd:!'asTororm
~f~;LL
Michael W. Pettit,
Chief Assistant County Attorney
r-