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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-