HomeMy WebLinkAbout2004 05 10 Informational 307
COMMISSION AGENDA
ITEM 307
CONSENT
INFORMATIONAL X
PUBLIC HEARING
REGULAR
May 10, 2004
Meeting
MGR. (Y" /DEPT //f/
Authorization
REQUEST: Public Works Department is advising the City Commission that Street Signs
can no longer be sold to Private Subdivisions
PURPOSE: This agenda item is to provide the City Commission with research provided by
the City Attorney's office on the sale of street signs to private developments.
CONSIDERA TION:
The issue of municipal sales of street signs to private entities was raised in 2003 by a sign
vendor who objected to the City's practice and advised us that it was illegal. The concern was
forwarded to the City Attorney for an opinion which we recently received. A copy is attached.
The City Attorney's office confirmed the sale of traffic control devices to nongovernmental
entities is prohibited under 316.0745(5), Florida Statutes although the enforcing entity, FDOT, has
indicated they have no interest in enforcing the statute. Regardless ofFDOT's enforcement
interests, Staff has discontinued the sale of traffic control devices to nongovernmental entities.
The only other alternative available to not violate the statutes would be to give away the signs.
ATTACHMENTS:
1. Sale of Manufactured Signage Opinion Letter from Brown, Salzman, Weiss &
Garganese, P.A.
COMMISSION ACTION:
A TT ACHMENT NO. 1
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
Usher L. Brown ·
Jeffrey P. Buak"
Suzanne D'AgrestaD
Anthony A. Garganese"
Gary S. Salzmano
John H. Ward'
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb-Nutcher
Joseph E. Blitch
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
'Board Certified Civil Trial Lawyer
.oBoard Certified Business Litigation Lawyer .
. "Board Certified City, County & Local Government Law
Erin J. O'Leary
Of Counsel
April 29, 2004
Kip Lockcuff
Public Works/Utility Director
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs,-.FL 32708-2799
~ sal~ of Manufactured Signage
City of Winter Sprfngs-General File (1193) .
Dear Kip:
This letter is in response to your request for a legal opinion regarding the City's
current practice of selling manufactured traffic signs to private entities. You expressed
concern because this practice is prohibited under section 316.0745(5), F/orida Statutes,
which provides that it is unlawful for a public body to sell traffic control signals, guides, or
. .
directional signs it manufactures to any nongovernmental entity or person.
To date, there are no relevant cases, administrative. rules or attorney general
opinions addressing this section of the statute. Additionally, as wepreviously discussed,
the brief conversation', had with the general counsel's office for FOOT failed to provide
any helpful information. Indeed, I was left with the impression that FOOT had better things
to do than worry about enforcing section 316.0745, even though it is in FOOT's exclusive
jurisdiction to do so.
Nevertheless, because there is no supplemental legal authority addressing section
316.0745(5), the City must abide by the plain language of the statute and cease the sale
of traffic control signals, guides, or directional signs or devices it manufactures to
nongovernmental entities or persons. As defined in chapter 316, "traffic control devices"
include all signs, signals, markings, and devices placed or erected for the purpose of
regulating, warning, or guiding traffic. "Traffic control signals" are defined as any device,
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & Vier;;; (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
~
. Kip Lockcuff
April 29, 2004
Page 2
whether manually, electrically, or mechanically operated, by which traffic is alternately
directed to. stop and permitted to proceed. However, it is noteworthy that section
316.0745(5) apparently would not prohibit the City from giving the traffic control devices
away at no cost.
,
In sum, it is in the City's best interest to begin referring nongovernmental entities
that are interested in purchasing traffic control devices, such as homeowners' associations
. and property management companies, to outside, independent vendors in order to obtain
the traffic control devices and signs mentioned above.
Please contact my office should you have any further questions or concerns
regarding this matter.
Very Truly Yours,
f1/LJ&uh)-v~
Kate Latorre
G:\Docs\City of Winter Springs\Correspondence\Lockcuff, KiplLockcuff re sale of manufactured signage 4.29.04.wpc