Panel’s golf cart letter to Lee County

The following was sent to Steve Jansen, Lee County Department of Transportation, by Boca Grande Community Panel member Ted Hoopes.The Boca Grande Community Planning Panel considered the proposed Lee County Golf Cart Ordinance at a Panel Meeting held in Boca Grande at the Louise DuPont Crowninshield House on Tuesday February 19, 2008 from 2 to 5 PM. Six of the nine Panel members were in attendance. The meeting was also well attended by members of the Boca Grande community including two representatives of the Lee County Sheriff’s Office, Sargeant Brian Amburgey and Corporal Bill Held.

Subsections 3(a) through 3 (g) of Section One

The proposed Ordinance would be enacted pursuant to FL Statutes, Subsection 316.212(7) which allows Counties to enact restrictions and regulations governing golf cart operations that are more restrictive than those contained in the FL Statutes.Subsections 3(a) through 3(g) of Section One of the proposed Ordinance contain restrictions that are stated to be in addition to the requirements of FL Statutes, Section 316.212.It is stated that the Board of County Commissioners believes that the regulations proposed promote and enhance the health, safety and welfare of the citizens of Lee County. The representatives of the Lee County Sheriff’s Office were clearly supportive of the additional restrictions provided for in Subsections 3(a) through 3(g) and one of the representatives stated at the meeting that the motivation for the provisions was increased safety from the operation of golf carts. Corporal Held in particual (sic) championed the increased ability to enforce the regulations relating to golf carts through the requirement that golf cart operators have a valid driver’s license.

The Panel considered all of the additional restrictions provided by Subsections 3(a) through 3 (g) and after discussion approved the restrictions. There were, however, questions as to the meaning of the third sentence of Subsection 3(b) which provides that “All children riding in a golf cart shall be properly restrained with seat belts or secured child safety seats as described in FL Statutes, Section 316.613.”When it was pointed out that many golf carts may not have seat belts, one of the representatives of the Sheriff’s Office stated that any golf cart could be fitted with seat belts and that most new models have seat belts. This seemed to answer the questions but there was, in fact, no discussion of secured child safety seats.This author has since referred to FL Statutes, Section 316.613 which provides that for children through 3 years, the child restaint device must be a separate carrier or a vehicle manufacturer’s integrated child seat and that for children aged 4 or 5 years, a separate carrier, an integrated child seat or a seat belt may be used. It thus turns out that the third sentence of Subsection (b) merely restates State law. This is also true in the case of the second and third sentences of Subsection 3(f).

One of the Panel members also raised the question that the proposed Ordinance does not require any bell, horn or other warning signal on golf carts that would alert walkers,bikers and other golf cart operators that the golf cart would be passing by. It was suggested that probably the most serious safety issue relating to golf cart operation (the one causing the most accidents) is this passing without adequate warning.

Since the Panel meeting, this concern has been raised with this author by another member of the community and a letter to the same effect was sent to the Editor of the Boca Beacon and published in its February 29 Edition.It is suggested that consideration be given to this important concern in the proposed Ordinance.

There did not appear to be any significant objection to the additional restrictions provided by Subsections 3(a) through 3 (g) of Section One by any of the members of the Boca Grande community who attended the meeting.

Subsection 3(h) of Section One

The separate provision contained in Subsection 3(h) of Section One of the proposed Ordinance is another matter. This provision states as follows:

“(h). No person shall drive any golf cart upon a bicycle path,sidewalk, or sidewalk area as described in FL Statutes, Section 316.1995.”

FL Statutes, Section 316.1995 provides as follows:

“316.1995. Driving upon sidewalk or bicycle path. No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.”

The Panel did not approve and objects to the inclusion of Subsection (h) of Section One in the Ordinance. Subsection (h) simply repeats the statutory prohibition to the operation of golf carts on bike paths and sidewalks. As such, it adds no new requirement and is not necessary for inclusion in the Ordinance.In particular, at least as to Gasparilla Island, it highlights an enforcement problem for the Lee County Sheriff’s Office which has existed for a long time.Under FL Statutes, Section 316.1995 golf carts may not be operated on the bicycle path which runs along Gulf Boulevard for over 2 1/2 miles from First Street to Belcher Road. THis provision has not been enforced.

An alternative would be for Lee County to designate Gulf Boulevard as a County road available for use by golf carts. Any such designation would, however, be inconsistent with the purpose of the proposed Ordinance.to enhance the safety of golf cart operations. Such a designation would increase by many fold the possibility of personal injury or even death and would be irresponsible.. This result was recognized by one of the Sheriff Office representatives.

One of the members of the community in attendance at the Panel meeting suggested that the Panel request Lee County to designate the bike path running along Gulf Boulevard from First Street to Belcher Road as a golf cart path. Another member of the community in attendance suggested that Lee County designate the bike path as a non-gasoline powered vehicle path.One of the members of the Sheriff’s Office stated that he thought a designation by Lee County such as those suggested could be made. Accordingly, the Panel hereby requests that such a designation be made by Lee County. An examination of FL, Statutes, Section 316.1995 by this author indicates, however, that any such designation may not be possible because if made would, nontheless, be in conflict with State law.

Query as to how the Lee County Sheriff’s Office would handle the situation if the prohibition on the use of golf carts on the bike path running along Gulf Boulevard would be contained in both a Lee County Ordinance and FL Statutes, Section 316.1995.To enable Lee County to take action to eliminate the dilemna posed by the State statute, it is essential that Subsection 3(h) of Section One of the proposed Ordinance be eliminated from the proposed Ordinance or at least be made inapplicable to Gasparilla Island. Solving the dilemna should be a high priority for Lee County as the solution of designating Gulf Boulevard for use by golf carts would not be responsible.The use of golf carts on Gasparilla Island has been consistently encouraged as a way of alleviating traffic and parking problems and has proliferated. Lee County should do whatever is necessary to assure the continued use of golf carts on the bike path running along Gulf Boulevard.

Subsection 4 of Section One

One of the Panel Members raised questions as to the penalties for violation of the restrictions provided by Section 3 of Section One. In this regard, Subsection 4 of Section One of the proposed Ordinance provides that a violation of Section One shall constitute a non-criminal infraction enforceable pursuant to the provisions of FL Statutes, Subsection 316. 212(8).Reference to this provision reveals that the language is obtuse to say the least. It would be extremely helpful to golf cart owners and operators if the penalties, including monetary penalties, for violation of the restrictions set forth in the proposed Ordinance could be specifically set forth in the Ordinance as well. Accordingly, this change is specifically requested.

Designation of County Roads for use by Golf Carts

It has come to this author’s attention that following a request by the then Executive Director of the Gasparilla Island Conservation and Improvement Association, Inc. the Lee County Board of County Commissioners by Resolution on February 5,1997 designated most of the County roads on Gasparilla Island for use by golf carts.Gasparilla Road and Gulf Boulevard were not included except for the short portion from First Street to Wheeler Road. Nor were any of the side streets running east from Gulf Boulevard between First Street and Belcher Road which are County roads. Nor was there any provision for crossing Gasparilla Road or Gulf Boulevard from any of the side streets running east or west.As far as I know, no further designation action has been taken. It is , therefore suggested that Lee County take a close look at adding all the County roads running east and west from Gulf Boulevard and Gasparilla Road which have not been so desiganted as County roads usable as golf carts and at permitting golf carts to cross Gasparilla Road and Gulf Boulevard.

At present, unless there is some designation that this author does not know about, there does not appear to be any way any golf cart operator may cross either Gasparilla Road or Gulf Boulevard to go to the Village or beach or to visit friends or whatever without violating state law. (See moderator’s note)

This would appear to be a matter which Lee County should address. With the safety enhancements added by the provisions of Subparagraphs 3(a) through 3 (g) of Section One of the proposed Ordinance , making these changes (and solving this dilemna) would not appear to rsise significant safety concerns. If the designation of Gulf Boulevard from First Street to Wheeler Road for use by golf carts still stands, then it would seem that consideration should be given to revoking such designation.

Ted Hoopes,

Panel Member

Note: The Boca Beacon in a Guest Commentary entitled “New golf cart law is a sad necesity” published in its February 29 Edition stated that all of Boca Grande’s Lee County streets excluding Gulf Boulevard and Gasparilla Road are designated for golf cart use. It is entirely possible that this is the case. If so, then part of the designations requested above have already been made. The Boca Beacon Commentary did not say anything about whether any provision has been made for crossing Gasparilla Road or Gulf Boulevard in a golf cart.Moderator’s note: Existing state law allows golf carts to cross streets not designated for golf cart use.