Ordinance 2019-16 ORDINANCE NO.2019- 1 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-57,
AS AMENDED, CODIFIED IN CHAPTER 130 "TRAFFIC AND
VEHICLES" OF THE CODE OF LAWS AND ORDINANCES, TO ADD
SECTIONS ALLOWING FOR THE USE OF GOLF CARTS UPON
DESIGNATED COUNTY ROADS ON CHOKOLOSKEE ISLAND AND
PLANTATION ISLAND, FLORIDA, SUBJECT TO SPECIFIED
RESTRICTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to
be operated on county roads provided the county first determines that golf carts may safely travel
on or cross the public road or street,considering factors including the speed,volume,and character
of motor vehicle traffic using those roads or streets; and
WHEREAS, Section 316.212(8)(a), Florida Statutes, allows counties to enact restrictions
and regulations on unlicensed drivers relating to golf cart operation and equipment which are more
restrictive than the regulations enumerated in Florida Statutes if appropriate signs are posted or the
residents are otherwise informed that such regulations exist and will be enforced within the local
government's jurisdictional territory; and
WHEREAS,the Board of County Commissioners has previously accepted the findings of
the"Traffic Report: Golf Cart Transportation on Chokoloskee and Plantation Island"prepared by
Trebilcock Consulting Solutions, P.A., which recommends that the Chokoloskee Island and
Plantation Island community streets be designated for golf cart use except for Plantation Parkway
and CR-29 (segment from Plantation Parkway to Chokoloskee). For these roadway facilities,the
Traffic Report specifies conditions under which golf cart operation may be allowed; and
WHEREAS, in accordance with the Board of County Commissioners desires to provide
additional regulations for the operation of golf carts by unlicensed drivers on these designated
community streets on Chokoloskee Island and Plantation Island located in Collier County,Florida;
and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in the Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
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SECTION ONE: Ordinance No. 2006-57, as amended, is amended to add a new section
allowing for the use of golf carts upon designated public roads and streets
on Chokoloskee Island and on Plantation Island,Collier County,Florida.
Section 130(c)Designated in Chokoloskee Island and on Plantation Island:
(1) The term "golf cart" is defined as stated in F.S. § 320.01(22), as a motor vehicle that is
designed and manufactured for operation on a golf course for sporting or recreational purposes,
and that is not capable of exceeding speeds of twenty(20)miles per hour.
(2) Golf carts may be operated on county roads and streets on Chokoloskee Island and on
Plantation Island, Florida, with the exception of Plantation Parkway from approximately 850
feet north of Spoonbill Avenue to CR 29 and also on CR 29 from approximately 1120 feet north
of Demere Lane north to end of County maintenance (approximately 2750 feet south of
Plantation Parkway).
(3) In addition to the requirements of F.S. § 316.212, which are applicable to the operation of
golf carts on the aforementioned designated roads, streets and sidewalks, with respect to
unlicensed drivers the following restrictions shall also apply:
a. All unlicensed drivers operating golf carts subject to this Ordinance must be a
minimum of fifteen (15)years of age.
b. The number of occupants in any golf cart operated by an unlicensed driver on the
designated streets and roads shall be restricted to the number of seats on the golf cart.
No occupants of a golf cart operated by an unlicensed driver shall stand at any time
while the golf cart is in motion.
c. Before golf carts may be operated by unlicensed drivers under this section,the owners
thereof must purchase and maintain liability insurance insuring against personal injury
and damage to property of any nature relative to the operation of golf carts on the
designated roadways and pathways.
(4) Violations of this section shall constitute a non-criminal infraction enforceable pursuant to
the provisions of F.S. § 316.212(9).
(5) The Collier County Transportation Division shall post appropriate signs or otherwise inform
the residents that such an ordinance exists and that it will be duly enforced.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such,and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this ZS 4-l^ day of J,) 1,--,� ,2019.
ATTEST;, BOARD OF COUNTY COMMISSIONERS
CR'YSTAL "'IKNZEL, Clerk COLLIER C O , ORIDA
6 ', n CA) i• -
• Ad sC. 0 , . Clerk W. iam L. McDaniel,Jr., Cha rman
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Approv.• , t, and legality:
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Jeffrey ' Kla 571R4, County Attorney
This ordinance filed with the
Secretary of State's Office the
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and acknowledgement of that
filina received this a1day
ofe , t
oeouty clerk
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GO/i uf'R',
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 27, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-16, which was filed in this office on June 27, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us