Agenda 08/26/2025 Item #16J 3 (Agreement with the Collier County Sheriff's Office to have Traffic Control Jurisdiction over Private Roads within the Fiddler's Creek Community Development District #1)8/26/2025
Item # 16.J.3
ID# 2025-2553
Executive Summary
Recommendation to approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriff’s
Office to have Traffic Control Jurisdiction over Private Roads within the Fiddler’s Creek Community Development
District #1.
OBJECTIVE: That the Board of County Commissioners (hereinafter the “Board”) approves and authorizes the
Chairman to sign an Agreement authorizing the Collier County Sheriff’s Office to have Traffic Control Jurisdiction over
Private Roads within the Fiddler’s Creek Community Development District #1. This Agreement has been placed on the
Board’s Agenda at the request of the Sheriff’s Office.
CONSIDERATIONS: The Fiddler’s Creek Community Development District #1 (hereinafter the “District”), and the
Collier County Sheriff’s Office have negotiated the attached Agreement. The Sheriff’s Office will assume traffic control
jurisdiction over private roads within the District as depicted in Exhibit “A” of the Agreement (hereinafter “District
Roads”). Representatives of the Sheriff’s Office have affirmed that traffic control of the District Roads is appropriate. A
project engineer hired by the District has provided a letter certifying that the District’s roadway signage meets the
State’s standards and requirements within the State of Florida Manual on Uniform Traffic Control Devices (MUTCD) in
Exhibit “C” of the Agreement. The attached Agreement has been executed by the District and by the Sheriff’s Office.
The Agreement can be terminated by the Board or by the District.
FISCAL IMPACT: This item should have no fiscal impact upon Collier County. The Agreement specifies that the
Sheriff’s Office can negotiate with the District to recover the Sheriff Office’s costs of traffic control over these private
roads.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Agreement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. -CLD
RECOMMENDATIONS: Recommendation that the Board approves and authorizes the Chairman to sign an
Agreement authorizing the Collier County Sheriff’s Office to have traffic Control jurisdiction over private roads within
the Fiddler’s Creek Community Development District #1.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENTS:
1. Agreement - Fiddler's Creek Community Development District #1
Page 4385 of 4682
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC
CONTROL JURISDICTION OVER ROADS WITHIN THE FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRlCT #1
THIS AGREEMENT is made and entered into this day of
20-., by and among the following three
parties: FIDDLER'S CREEK COMMUNITY DEVELOPMENT D|STR|CT #'l a
community development dislrict established pursuant to Ch. 1 90, F.S^, (hereafter
the "District"); the Collier County Sheriff's Office (the "sheriff'), SS19 East
Tamiami Trail, Naples, Florida 341 12; and the Board of County Commissioners
of Collier County, Florida (the "County"), 3299 East Tamiami Trail, Suile 303,
Naples, Florida 341 12.
WHEREAS, the roads described and or depicted on the attached Exhibit
"A" in unincorporated Collier County and within the boundaries of the District are
owned or controlled and maintained by the District and are not owned or
maintained by Collier County; and
WHEREAS, the District, which is responsible for maintaining and controlling
the District Boads, has tendered to the Sheriff of Collier County a letter dated as
of June 25, 2025, attached hereto as Exhibit "B," requesting that the Collier
County Sheriff's Otf ice pahol lhe District Roads owned or controlled and
maintained by the District within the boundaries ol the District and exercise
jurisdiction over those District Roads by enforcement ol State and County tratfic
laws; and
WHEREAS, Subsection 316.006(3)(b), Florida Statutes, provides that each
Florida County may exercise jurisdiction over road(s) owned or controlled by a
special district located within the unincorporated area in its boundaries provided
the respective County and other parties owning or controlling such roads provide,
by written agreement approved by the goveming body ol the county for county
traffic control jurisdiction over the road(s) covered by the agreemenl; and
WHEREAS, representatives of the Collier County Sheriff,s Office have
monitored traffic on the District Roads within the District and have affirmed that
tralfic enforcement by the Collier County Sheritf's Ofiice is appropriate, and has
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Page 4386 of 4682
agreed to provide lraffic control enforcement in the geographic areas requested;
and
WHEREAS, a private engineering firm representing the District, has
provided the sherifl of collier county with notice that the signage for the District
Roads in lhe District appears to be completed and in substantial accordance with
the approved subdivision constructions (see Exhibit ,,C,'); and
WHEREAS, the Board of County Commissioners has reviewed these written
requests and has determined that it is in the interest of the public health, safety
and wellare to enter into this Agreement pursuant to Subsection 316.006(3Xb),
Florida Statutes.
NOW, THEREFORE, the parties hereto agree as follows:
1. The recitals and Exhibits referenced herein above are restated and made
a part of this Agreement.
2. Collier County, by action ol its Board of County Commissioners, hereby
determines to exercise traffic control iurisdiction over all District Roads
located within the geographic area of the District as described in Exhibit
"D" pursuant to this Agreement entered into pursuant to Subsection
31 6.006(3Xb), Florida Statutes.
3. Pursuant to Subsection 316.006(g)(b)(2), Florida Sfalutes, the Coilier
County Sheritf's Office hereby expressly waives the statutory
requirement conceming the etfective date of this Agreement relating to
the beginning of our next County fiscal year and agrees to the effective
date of this Agreement.
4. The Collier County Sheritf's Office shall, commencing on the date of linal
approval by the Board of County Commissioners and thereafler until this
Agreement is terminated, include as part of its duties, patrol and
enlorcement of all County and State tratfic control regulations and laws
on or over District Roads within the Dislrict, including such additional
District roads, if any, thai may hereafter come into existence within the
District.
5. The parties recognize that all District Roads within the District (as such
roads are described herein) are not County-owned, and neither the
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Page 4387 of 4682
County nor the Sheritf's Office has any duty or responsibility for
construction and/or repair of any of the same, including signage, and this
Agreement does nol impose any such responsibilities upon the County or
the Sherifl's Office. Signage maintenance, repair and adequacy on and
along the District Roads within the District is the responsibility of the
District.
6. For purposes of identification and geographic specificity, the District is
composed of the area described and depicted in Exhibit ,,D,' attached
hereto.
7. The Collier County Sheriff's Office hereby reserues the authority under
this contract to enter into negotiations with panies such as the District for
the purpose of allocating costs pursuant to Subsection 316.006(3XbXI ),
Florida Statutes, as condition to enforcement.
8, This Agreement may be changed, amended or modified only by means
of a written document executed with lhe same lormalily as this
Agreement. This Agreement may be terminated unilaterally by the Board
ol County Commissioners (by adoption of a Resolution at a public
meeting of the Board of County Commissioners providing that this
Agreement be terminated), or by the District.
9. To the e)dent aulhorized by law, and without waiving, enlarging or
extending the limited waiver of sovereign immunity contained in Section
768.28, Florida Statutes (2024), District shall hold harmless and delend
Collier County and the Collier County Sheriff, and their agents and
employees lrom all suits and actions, including attomeys, fees and all
costs of litigation and judgments of any name and description arising out
of or incidental to performance under the lerms of this Agreement.
lN WITNESS WHEREOF, the District, the Sheriff, and the County have
executed this agreement.
[SIGNATURES ARE ON FOLLOWING PAGES]
Page 3 of 4
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Page 4388 of 4682
WITNESSES:
Signature of First Witness
C-V- A -r,l -S
atu of Witness
Hrle €1<-
Print Name of Second ilness
WITNESSES:
Signature Firsl itness
5
Print Name o First Wilness
Signature of Second W itness
Print Name of Second Witness
ATTEST:
CRYSTAL KINZEL, Clerk
Deputy Clerk
Approved as to form and
legality:
FIDDLER'S CREEK COMMUNITY
DEVELOPI\4ENT DISTRICT #1
By
AIR
COLLIER COUNTY SHERIFF'S OFFICE
By:
KEVI K, Sheriff
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Buft Saunders, Chair
Assistant County Attomey
Page 4 of 4
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,---
Print Name of First Witness
asq'
Page 4389 of 4682
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Fiddler's Creek Community Development District f1
OFFICE OF THE DISTRICT MANAGER
2300 Glades Road, Suite 410W.Boca Raton, Florida 33431
Phone: (561) 571-0010.Fax: (5611 571-0013rToll-free: (877) 276-0889
June 25,2025
Honorable Kevin J. Rambosk, Sheriff
Collier County Sheriffs Office
32319 E. Tamiami Trail
East Naples, Florida 34112-4901
Re: Request To Sheriff To Enforce The Traffic Laws of the State Of Florida and Collier
County, Florida, Fiddler's Creek Community Development District #1
Dear Sheriff Rambosk:
The Board of Supervisors of Fiddler's Creek Community Development District #1
("District"), at its meeting held on May 28,2025, unanimously voted to authorize me in
my capacity as Chair to send this letter on behalf of the District. The purpose of this
letter is to request that you, as the Collier County Sheriff, enforce the laws of the State
of Florida and Collier County on roads within the District owned or controlled and
maintained by the District ("District Roads').
Enclosed please find the following:
1) The proposed Agreement.
2) An original letter from the District Engineer certifying that all signs on the
District Roads are consistent with the State of Florida Manual on Uniform
Traffic Control Devices ('MUTCD).
3) A geographic map prepared by the District Engineer identifying the District
Roads that the District wishes patrolled by the Sheriff s Office.
lf you have any questions or require additional information, please do not
hesitate to contact me.
Sincerely,
eph Schmitt, Chair
Enclosure(s)
Cc: with Enclosure(s) Cleo Adams, Terry Cole, Board of Supervisors
EXHIBIT
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Page 4391 of 4682
Bowman
Rei
Collier County Sherriff's Office
Naples, FL
Fiddler's Creek Community Development District l
Traffic Control Agreement
To whom it may concern,
The traffic signs within Fiddler's creek community oevelopment District l are MUTCD compliant
5incerely,
W. Terry Cole
W. Terry Cole, P.E.
Fiddler's Creek District Engineer
Director, Civil Engineering
CC:
Tony Pires
Chuck Adams
Cleo Adams
John Eaker
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May 16, 2025
Page 4392 of 4682
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