Agenda 08/26/2025 Item #16J 4 (Agreement with the Collier County Sheriff's Office to have Traffic Control Jusrisdiction over Private Roads within the Fiddler's Creek Community Development District #2)8/26/2025
Item # 16.J.4
ID# 2025-2554
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 #2.
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 #2. 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 #2 (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 #2.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENTS:
1. Agreement - Fiddler's Creek Community Development District #2
Page 4394 of 4682
AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFTC
CONTROL JURISDICTION OVER ROAOS WITHIN THE FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #2
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THIS AGREEMENT is made and entered into this _ day of
,2O_, by and among the following three
parties: FIDDLER'S CREEK COMMUNIW DEVELOPMENT D|STR|CT #2 a
community development district established pursuant to Ch. 190, F.S., (hereafter
the "District'); the Collier County Sheriff's Office (the "sheriff'),3319 East
Tamiami Trail, Naples, Florida 34112; and the Board ol County Commissioners
of Collier County, Florida (the "County''), 3299 East Tamiami Trail, Suite 303,
Naples, Florida 34112.
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 nol owned or
maintained by Collier County; and
WHEREAS, the District, which is responsible for maintaining and controlling
the District Roads, has tendered to the Sheritf of Collier County a letter dated as
of June 25, 2025, attached hereto as Exhibit "8," requesting that the Collier
County Sheriff's Office patrol the District Roads owned or controlled and
mainlained by the District within the boundaries of the District and exercise
jurisdiction over those District Roads by enforcement of State and County trafiic
laws; and
WHEREAS, Subsection 316.006(3Xb), Florida Statutes, provides that each
Florida Counly may exercise jurisdiction over road(s) owned or conlrolled 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 governing body of the county lor county
traffic control ,urisdiction over the road(s) covered by the agreement; and
WHEREAS, representatives of the Collier County Sheritf's Office have
monitored traffic on the District Boads within the District and have affirmed that
traffic enforcement by the Collier County Sheritf's Otfice is appropriate, and has
Page 4395 of 4682
agreed to provide tratfic control enforcement in the geographic areas requested;
and
WHEREAS, a private engineering firm representing the District, has
provided the sheriff of collier county with notice that the signage lor the District
Roads in the District appears to be completed and in subslantial accordance with
the approved subdivision constructions (see Exhibit ..C,,); and
WHEREAS, the Board of County Commissioners has reviewed these written
requests and has detemined that it is in the interest of the public health, safety
and welfare to enter into this Agreement pursuant to Subsection 316.OO6(3Xb),
Florida Statutes.
NOW, THEREFORE, the parties hereto agree as follows:
'I . The recitals and Exhibits referenced herein above are restated and made
a part of this Agreemenl.
2. Collier County, by action of its Board ol County Commissioners, hereby
determines to exercise tratfic control lurisdiction over all District Roads
located within the geographic area of the District as described in Exhibit
"D" pursuant to this Agreement entered into pursuanl to Subsection
31 6.006(3Xb), Florida Statutes.
3. Pursuant to Subsection 316.006(3)(bX2), Florida Stalures, the Coilier
County Sheriff's Office hereby expressly waives the statutory
requirement concerning the effective date of this Agreement relating to
the beginning of our next County fiscal year and agrees to the etfective
date of this Agreement.
4. The Collier County Sheritl's Office shall, commencing on the date of final
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 traffic control regulations and laws
on or over District Roads within th6 District, including such additional
District roads, it any, that may hereafter come into existence within the
District.
5. The padies recognize that all District Roads within the District (as such
roads are described herein) are not County-owned, and neither the
Page 2 ol 4
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Page 4396 of 4682
County nor the Sheriff's Office has any duty or responsibility for
construction and/or repair of any of the same, including signage, and this
Agreement does not impose any such responsibilities upon the County or
the Sheriff's Office. Signage mainlenance, 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 parties such as the District lor
the purpose ol allocating costs pursuant to Subsection 316.006(3)(b)(1),
Florida Statutes, as condition to enforcement.
8. This Agreement may be changed, amended or modified only by means
of a writlen document execuled with the same tormality as this
Agreement. This Agreement may be terminated unilaterally by the Board
of Counly Commissioners (by adoption of a Resolution at a public
meeting of the Board of County Commissioners providing that this
Agreemenl be terminated), or by the District.
9. To the extenl authorized by law, and without waiving, enlarging or
extending the limited waiver ol sovereign immunity contained in Section
768.28, Florida Statutes (2024), District shall hold harmless and defend
Collier County and the Collier County Sheritf, and their agents and
employees from all suits and actions, including attomeys' lees and all
cosls of litigation and.judgments ol any name and description arising out
of or incidental to performance under the terms of this Agreement.
ISTGNATURES ARE ON FOLLOWTNG pAGESI
Page 3 of 4
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lN WITNESS WHEREOF, the District, the Sheriff, and the Counry have
executed this agreement.
Page 4397 of 4682
Sig re Fi
k
t Name of Witness
FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTHICT #2
CHAI
E
P
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4.--
Signature ol Second Witness
ek A&t--..s
Print Name of Second Witness
WITNES ES:
sig nature First NESS
COLLIER COUNTY SHERIFF'S OFFICE
By:
Print Name First Witness
a ignature of Second Witness
Print Name of Second Witness
Deputy Clerk
Approved as to form and
legality:
KEVI RA BOSK, Sheriff
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Bud Saunders. Chair
t t kJJ.{*
Assistant County Attorney
Page 4 of 4
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ATTEST:
CRYSTAL KINZEL, Clerk
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Page 4398 of 4682
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Page 4399 of 4682
Fiddler's Creek Community Devetopment District #2
OFFICE OF THE DISTRICT MANAGER
2300 Glades Road, Suite 410WoBoca Raton, Florida 33431
Phone: (561) 571-0010. Fax: (5G1) 57 1-0013 oTot t-f ree: l177l 27 6-0g89
June 25, 2025
Honorable Kevin J. Rambosk, Sheriff
Collier County Sheriffs Office
32319 E. Tamiami Trail
East Naples, Florida 341 12-4901
Re: Request ro Sheriff ro Enforce The Traffic Laws of the state of Florida and collierCounty, Florida; Fiddler's Creek Community Development District #2
Dear Sheriff Rambosk:
Elliot Miller, Chair
Enclosure(s)
Cc: with Enclosure(s) Cleo Adams, Terry Cole, Board of Supervisors
The Board of supervisors of Fiddler's creek community Development District #2("District"), at its meeting held on May 28,202s, unanimously voted to authorize me inmy capacity as chair to send this letter on behalf of the District. The purpose of thisletter is to request that you, as the coltier county Sheriff, enforce the laws of the Stateof Florida and collier county on roads within the District owned or controlled and
maintained by the District ("District Roads").
Enclosed please find the following:
'l ) The proposed Agreement.
2) An original letter from the District Engineer cefifying that all signs on theDistrict Roads are consistent with the state of Fiorida Manual 6n Uniform
Traffic Control Devices ('MUTCD).
3) A geographic map prepared by the District Engineer identifying the District
Roads that the Districi wishes patrolled by the Sheriffs Office,
. If you have any questions or require additionar information, prease do not
hesitate to contact me.
Y"5
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Page 4400 of 4682
Bowman
May 16, 2025
Collier County 5herriff's Office
Naples, FL
Re: Fiddler's Creek Community Development Dlstrict 2
Trafflc Control A9r6€ment
To whom it may concern,
The traffic signs within Fiddler's creek community Development District z are N4urcD compliant.
Sincerely,
W. Terry Cole
W. Terry Cole, P.E.
Fiddler's Creek District Eng ineer
Director, Civil Engineering
CC:
Tony Pires
Chuck Adams
Cleo Adams
.lohn Baker
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