Agenda 12/10/2019 Item #16A 3 (Chokoloskee & Plantation Island Golf Cart usage)12/10/2019
EXECUTIVE SUMMARY
Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated
public roads and streets on Chokoloskee Island and Plantation Island, including the prohibition of
golf carts on sections of Plantation Parkway and Chokoloskee Parkway.
OBJECTIVE: To uphold the conditions as approved in Ordinance 2019-16 allowing for the use of golf
carts on designated public roads on Chokoloskee and Plantation Island.
CONSIDERATIONS: Historically, golf cart use has always been prohibited on the public roads and
streets of Chokoloskee Island and Plantation Island. On May 28, 2019, the Board heard the Item 16A2,
accepted the findings of the “Traffic Report: Golf Cart Transportation on Chokoloskee and Plantation
Island” and directed the County Attorney to advertise for a public hearing on an Ordinance. The item
was duly advertised on June 5, 2019.
On June 25, 2019, the Board heard the item 17G, and approved Ordinance 2019 -16 allowing for the use
of golf carts on designated public roads on Chokoloskee and Plantation Island. Per the Ordinance,
Section One, item (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 the end of County maintenance (approximately 2750 feet south of Plantation Parkway).”
On October 8, 2019, the Board heard item 6, a public petition from Mr. Robert Lamb indicating his
concerns regarding not allowing the use of golf carts on the roadway sections excluded in the approved
ordinance.
Staff, in coordination with our engineering consultant Trebilcock Consulting Solutions, P.A. and the
Collier County Sherriff’s Office, subsequently reviewed the conditions of the report and are still in
support of the approved ordinance including the exception of the roadway portions not allowing the use of
golf carts. The posted speed limit on Plantation Parkway in the portion where golf cart use is currently
prohibited is 45 MPH and according to the roadway safety review completed by Trebilcock Consulting
Solutions, P.A., the 85th percentile speed was 57.1 mph. The posted speed limit on Chokoloskee Parkway
in the portion where golf cart use is currently prohibited is also 45 MPH and in the same safety review,
the 85th percentile speed was 62.5 mph. A primary consideration to not allow the use of golf carts for
these roadway sections was the speed differential between the motorists and golf cart users. By Florida
Statute, a golf cart is defined as “not capable of exceeding speeds of 20 miles per hour” - F.S. 320.01. In
order to protect public safety, the use of golf carts should not be allowed on the referenced sections of
roadway as indicated in the ordinance.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. This matter is
governed by Florida Statute Sec. 316.212, which provides in part as follows:
316.212 Operation of golf carts on certain roadways.-The operation of a golf cart upon the public
roads or streets of this state is prohibited except as provided herein:
(1) A golf cart may be operated only upon a county road that has been designated by a county…for use
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12/10/2019
by golf carts. Prior to making such a designation, the responsible local governmental entity must first
determine 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 the road or street. Upon a
determination that golf carts may be safely operated on a designated road or street, the responsible
governmental entity shall post appropriate signs to indicate that such operation is allowed.
*********
(4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation
and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is
part of the State Park Road System if the posted speed limit is 35 miles per hour or less.
The posted speed limit for the roads in question are 45 miles per hour. With that noted, this item is
approved as to form and legality and requires majority voted for approval. -JAK
RECOMMENDATION: That the Board uphold Ordinance 2019-16 allowing for the use of golf carts
upon designated public roads and streets on Chokoloskee Island and Plantation Island, including the
prohibition of golf carts on sections of Plantation Parkway and Chokoloskee Parkway.
Prepared by: Daniel G. Hall, P.E., Transportation Engineering Division, Growth Management
Department.
ATTACHMENT(S)
1. Ordinance 2019-16 (PDF)
2. Golf Cart Memorandum 11-7-19 PDF (PDF)
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 10704
Item Summary: Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts
upon designated public roads and streets on Chokoloskee Island and Plantation Island, including the
prohibition of golf carts on sections of Plantation Parkway and Chokoloskee Parkway.
Meeting Date: 12/10/2019
Prepared by:
Title: Project Manager, Senior – Transportation Engineering
Name: Daniel Hall
10/30/2019 1:30 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
10/30/2019 1:30 PM
Approved By:
Review:
Growth Management Department Christine Arnold Level 1 Reviewer Completed 10/30/2019 2:42 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 10/30/2019 3:02 PM
Growth Management Department Anthony Khawaja Additional Reviewer Completed 10/31/2019 1:57 PM
Growth Management Department Christine Arnold Deputy Department Head Review Skipped 10/30/2019 2:43 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/31/2019 4:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2019 9:14 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/06/2019 4:50 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/12/2019 3:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/24/2019 10:06 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
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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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Packet Pg. 1508 Attachment: Ordinance 2019-16 (10704 : Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated
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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Packet Pg. 1509 Attachment: Ordinance 2019-16 (10704 : Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated
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
au
04afuf' . . ,
Approv.• , t, and legality:
10
Jeffrey ' Kla 571R4, County Attorney
This ordinance filed with the
Secretary of State's Office the
1lay of 4.0.-K-11. ,(1i e
and acknowledgement of that
filina received this a1day
ofe ,t
oeouty clerk
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Packet Pg. 1510 Attachment: Ordinance 2019-16 (10704 : Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated
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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
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Packet Pg. 1511 Attachment: Ordinance 2019-16 (10704 : Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts upon designated
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Packet Pg. 1512 Attachment: Golf Cart Memorandum 11-7-19 PDF (10704 : Recommendation to uphold Ordinance 2019-16 allowing for the use of golf carts