Ordinance 2024-4613 •
ORDINANCE NO. 2024-4613
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106,
ENTITLED "TRAFFIC AND VEHICLES," BY CREATING
ARTICLE XII, ENTITLED "SCHOOL ZONES AND SPEED
DETECTION SYSTEMS," BY CREATING SECTION 106-495
THEREOF, ENTITLED "SPEED DETECTION SYSTEMS IN
SCHOOL ZONES," TO AUTHORIZE THE PLACEMENT,
INSTALLATION, AND OPERATION OF SPEED DETECTION
SYSTEMS ON SPECIFIED ROADWAYS MAINTAINED AS
SCHOOL ZONES; ESTABLISH TRAFFIC ENFORCEMENT
PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE
UTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS;
AND CREATE HEARING PROCEDURES RELATING TO SUCH
SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on July 1, 2023, House Bill 657 ("HB 657"), as codified in Chapter 2023-174
of the Laws of Florida, went into effect authorizing counties and municipalities to use speed
detection systems ("SDS Systems") to enforce school zone speeding violations in excess of 10
miles over the posted speed limit during certain times and days; and
WHEREAS, pursuant to HB 657, prior to installing and utilizing SDS Systems to enforce
eligible school zone speeding violations, counties and municipalities are required to adopt an
ordinance authorizing the placement and installation of SDS Systems, and create traffic
enforcement procedures relating to the enforcement of school zone speed limits through the use
of SDS Systems; and
WHEREAS, HB 657 also requires the governing body of the municipality to first determine
whether each school zone constitutes a heightened safety risk that warrants additional traffic
enforcement measures, based on traffic data or other evidence, prior to the installation and
operation of an SDS System in any school zone; and
WHEREAS, the City contracted with The Corradino Group ("Corradino") to conduct and
complete a speed evaluation study relating to the potential implementation of SDS Systems in
school zones within the City; and
WHEREAS, Corradino completed the study and provided the City with its Miami Beach
School Zones Speed Study(the "Report")for consideration by the City; and
WHEREAS, the Report evaluated seventeen (17) school zones spread across eight (8)
different schools in the City; and
WHEREAS, after consideration of the traffic data, information, and conclusions provided
in the Report (which Report is on-file with the City Clerk), and any other relevant evidence
presented at the public hearing held on April 3, 2024, the City Commission has determined that
the following school zones constitute a heightened safety risk that warrant additional enforcement
measures pursuant to Section 316.008(9), Florida Statutes:
1. School Zone 1 -Alton Road from north of 4th Street to 180 feet south of 2nd Street (South
Pointe Elementary School)
2. School Zone 8—Dade Boulevard from west of Prairie Avenue to approximately 23rd Street
(Miami Beach Senior High School)
3. School Zone 9 — Prairie Avenue from north of Dade Boulevard north to approximately
2500 Prairie Avenue (Miami Beach Senior High School)
4. School Zone 10—41st Street from east of Alton Road to west of Royal Palm Avenue(North
Beach Elementary School)
5. School Zone 14 — Meridian Avenue from 43' Court to north of 41st Street (Miami Beach
Nautilus Middle School)
6. School Zone 17—Pine Tree Drive from 23rd Street to approximately 2500 Pine Tree Drive
(Hebrew Academy) (collectively, the "School Zones"); and
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WHEREAS, in order to mitigate the heightened safety risks in the School Zones, the City
Commission desires to adopt this Ordinance to, among other things, make findings that the
School Zones constitute heightened safety risks that warrant additional enforcement measures
pursuant to Section 316.008(9), Florida Statutes, based on the Report and any other relevant
evidence presented at the April 3, 2024, public hearing; authorize the placement, installation, and
operation of SDS Systems in the School Zones; create procedures for the issuance of notice of
violations for school zone speeding violations by duly qualified traffic infraction enforcement
officers pursuant to Section 316.1896, Florida Statutes; and establish a hearing framework
whereby a local hearing officer(s) will determine whether school zone speeding violations have
occurred; and
WHEREAS, the City Commission finds that speeding violations in school zones present
a real hazard not only to the general public's health and safety, but also specifically to children
who are arriving at or departing from school; and
WHEREAS, enforcement of speed limits in school zones with law enforcement officers
alone can be difficult, as in the time a law enforcement officer has stopped and cited a speeding
driver, other motorists can commit speeding violations and escape the issuance of a citation; and
WHEREAS, the City Commission finds it to be in the best interest of the public, health,
safety, and welfare of the residents of Miami Beach to adopt this Ordinance amending the City
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article XII of Chapter 106 of the Code of the City Miami Beach is hereby
created as follows:
CHAPTER 106—TRAFFIC AND VEHICLES
***
ARTICLE XII. —School Zones and Speed Detection Systems
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***
Section 106-495. Speed Detection Systems in School Zones.
(a) Purpose and Intent. The City desires to protect the public health, safety, and welfare of
individuals traveling to and from schools in the City, especially students and their parents and/or
legal guardians, and school employees. Accordingly, the City seeks to enforce School Zone
speed limits by authorizing the installation, implementation, and operation of Speed Detection
Systems on those roadways properly maintained as school zones, that constitute a heightened
safety risk warranting additional enforcement measures pursuant to Section 316.008(9), Florida
Statutes, in accordance with Chapter 2023-174, Laws of Florida, as may be amended from time
to time.
(b)Definitions. The following words,terms and phrases,when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning:
LI) Local Hearing Officer means a Special Magistrate, or such other qualified person
designated by Resolution of the City Commission, to conduct hearings relating to
notices of violation issued pursuant to Sections 316.1896 and 316.0083, Florida
Statutes.
(2) Person means a natural person, the registered owner or co-owner of a motor
vehicle, or the person identified in an affidavit as having actual care, custody, or
control of the motor vehicle at the time of a Violation.
L3j Petitioner means a person who elects to request a hearing before the_Local
Hearing Officer for the purpose of determining whether a Violation under Section
316.1896, Florida Statutes, has occurred.
(4) School Zone means a roadway located within the City and maintained as a School
Zone pursuant to Section 316.1895, Florida Statutes, which constitutes a
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heightened safety risk that warrants additional enforcement measures, as
determined by the City Commission after consideration of traffic data and other
relevant evidence.
0_) Speed Detection System means a portable or fixed automated system used to
detect a motor vehicle's speed using radar or LiDAR, and to capture a photograph
or video of the rear of a motor vehicle that exceeds the speed limit in force at the
time of the Violation.
(6) Traffic Infraction Enforcement Officer means the Police Department employee(s)
designated by the City who meet the qualifications set forth in Fla. Stat. 316.640(5),
and/or any other relevant statute, and are vested with the authority to enforce
Violations.
(7) Violation means a person that drives a motor vehicle on a roadway designated as
a School Zone at a speed as follows:
(A) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the start of a regularly scheduled
breakfast program in violation of Section 316.1895, Florida Statutes.
(B) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the start of a regularly scheduled
school session in violation of Section 316.1895, Florida Statutes.
(C) In excess of 10 miles per hour over the posted speed limit during the entirety
of a regularly scheduled school session in violation of Section 316.183, Florida
Statutes.
(D) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the end of a regularly scheduled
school session in violation of Section 316.1895, Florida Statutes.
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(c) Findings. After consideration of the traffic data provided in the "Miami Beach School Zones
Speed Study" prepared by The Corradino Group (which is on-file with the City..Clerk), and any
other relevant evidence presented at the public hearing held on.Febr. . ruarr`r21, 2024 April 3. 20243.
the City Commission hereby finds that the following .School-;Zones=where Speed Detection
Systems are to be placed or installed constitute a heightened:'safety_risk that warrant additional
enforcement measures pursuant to Section 316.008(9),.FloridatStatutes: fit:
1. Alton Road from north of 4th Street to 180 feet south-of.2"d•Street.(South=Pointe
Elementary School)
2. Dade Boulevard from west of Prairie Avenue to_;app oximatelyr23rd Street (Miami Beach
Senior High School)
3. Prairie Avenue from north of Dade Boulevard north to approximately 2500 Prairie Avenue
(Miami Beach Senior High School)
4. 41st Street from east of Alton Road to west of Royal Palm Avenue (North Beach
Elementary School)
5. Meridian Avenue from 43rd Court to north of 41st Street (Miami Beach Nautilus Middle
School)
6. Pine Tree Drive from 23rd Street to approximately .2500 Pine Tree' Drive (Hebrew
Academy).
(d) Placement and Installation of Speed Detection Systems:. Consistent witWand.apursuant to
Chapter 316, Florida Statutes, and Chapter 2023-174, Laws of Florida,.as may be amended from
time to time, the City Commission authorizes the placement, installation, and operation of
automated Speed Detection Systems on School Zone roadways, as identified herein under
subsection 106-495(c), to enforce Violations.
(e) Notice of Violation, Designation of Local Hearing Officer, and Hearing Procedures.
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(1) Within thirty (30) days after a Violation, a notice of violation shall be sent by first
class mail to the registered owner of the motor vehicle involved in the Violation. The notice of
violation must include:
a. The name and address of the vehicle owner;
b. a photograph, video, or other recorded image showing the license plate of
the motor vehicle;
c. The make, model, and year of the vehicle;
d. The date, time, and location of the Violation;
e. Notice that the infraction charged is pursuant to this section;
f. The maximum speed at which the motor vehicle was traveling within the
School Zone;
The speed limit within the School Zone at the time of the Violation;
h. A statement that the owner has a right to review, in person or remotely,the
photograph or video captured by the Speed Detection System(s) and the
evidence of the speed of the motor vehicle detected by the Speed
Detection System(s) which constitutes a rebuttable presumption that the
motor vehicle was used in a Violation;
Instructions as to the time and the place when, or website at which, the
photograph or video captured, and evidence of speed detected, by the
Speed Detection System(s) may be examined and observed;
Information that advises the Violator on the person's right to request a
hearing and on all costs related thereto and a form used to request a
hearing, or alternatively, a web address to a website that provides such
information;
k. Instructions on all methods of payment of the penalty;
A statement specifying the remedies available under Section 318.14,
Florida Statutes;
m. A statement that the owner must pay a penalty in the amount provided
under Section 318.18(3)(d), Florida Statutes, or furnish an affidavit that
compiles with Section 316.1896(8), Florida Statutes, within thirty(30)days
in order to avoid court fees, costs, and the issuance of a uniform traffic
citation against the owner; and
n. A signed statement by the Traffic Infraction Enforcement Officer that, based
on inspection of recorded photographs or video captured by the Speed
Detection System(s),the vehicle was involved in and was utilized to commit
a Violation.
(2) Except as may be otherwise provided by resolution of the City Commission, the City
shall utilize its Special Magistrates to serve as the Local Hearing Officer(s)who shall preside over
notice of violation hearings as established by Section 316.1896, Florida Statutes, as amended.
(3) The City of Miami Beach Clerk's Office shall serve as the clerical staff, as designated
by the City of Miami Beach Clerk, to serve as the clerk(s)to the Local Hearing Officer(s).
(4) Pursuant to 316.1896(1), the City Manager, or the City Manager's designee, may elect
to authorize Traffic Infraction Enforcement Officer(s)to issue uniform traffic citations, as set forth
in 316.1896(6), for violations of Sections 316.1895 and 316.183, as authorized by 316.008(9),
Florida Statutes, and the City Commission shall designate, by resolution, existing staff to serve
as the clerk to the Local Hearing Officer.
(5)Any Petitioner that elects to request a hearing shall be scheduled for a hearing by the
clerk of the Local Hearing Officer, with notice of the hearing to be sent to the Petitioner by first-
class mail. Upon receipt of the notice, the Petitioner may reschedule the hearing up to two (2)
times by submitting a written request to reschedule to the clerk of the Local Hearing Officer, at
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least five(5)calendar days before the day of the originally scheduled hearing. The Petitioner may
cancel his or her appearance before the Local Hearing Officer by paying the penalty assessed by
Section 316.1896(2), Florida Statutes, as amended, plus the administrative costs established
under Section 316.0083(5)(c), Florida Statutes, before the start of the hearing,
(6)All testimony at the hearing shall be taken under oath and shall be recorded. The Local
Hearing Officer shall take testimony from a Traffic Infraction Enforcement Officer and the
Petitioner, and may take testimony from others. The Local Hearing Officer must review the
photograph or video captured by the Speed Detection System and the evidence of the speed of
the motor vehicle detected by the Speed Detection System. The formal rules of evidence do not
apply, but due process shall be observed and govern the proceedings.
(7) At the conclusion of the hearing, the Local Hearing Officer must determine whether a
Violation has occurred, in which case the Local Hearing Officer shall uphold or dismiss the
Violation. The Local Hearing Officer shall issue a final administrative order including the
determination and, if the notice of the violation is upheld, must require the Petitioner to pay the
rialty assessed under Section 318.18(3)(d), Florida Statutes, as amended, and may also
require the Petitioner to pay the City's costs, not to exceed the amount established under Section
316.0083(5)(e), Florida Statutes. The final administrative order shall be mailed to the Petitioner
by first-class mail.
(8)An aggrieved party may appeal a final administrative order consistent with the process
provided under Section 162.11, Florida Statutes, as such may be amended from time to time.
(9) The City, or the City Manager's designee, shall assess penalties, and remit applicable
portions of assessed penalties, consistent with the requirements of Chapter 2023-174, Laws of
Florida, as such may be amended from time to time.
(10) A uniform traffic citation must be issued by mailing the uniform traffic citation via
certified mail to the address of the registered owner of the motor vehicle involved in the Violation
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if payment has not been made within 30 days after notification pursuant to Fla. Stat. 316.1896 (2)
and subsection (e)(1)(m) herein; if the registered owner has not requested a hearing in
accordance with Fla. Stat. 316.1896(3)and subsection (e)(1)(i)herein; and if the registered owner
has not submitted an affidavit in accordance with Fla. Stat. 316.1896(8)and subsection (e)(1)(m)
herein.
('e)Signage and Public Awareness Campaign.The City Manager,or the City Manager's designee,
shall post signage, make a public announcement, and conduct a public awareness campaign
regarding the City's placement and installation of Speed Detection Systems consistent with the
requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time.
(f) Reporting. The City Manager, or the City Manager's designee, shall comply with the reporting
requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time.
(g) Supplemental Authority. The provisions of this Section supplement the enforcement of
Sections 316.1895 and 316.183, Florida Statutes, by law enforcement officers, and does not
prohibit law enforcement officers from issuing uniform traffic citations for violations of Sections
316.1895 or 316.183.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase, of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the /3 day of QPr' l , 2024.
PASSED and ADOPTED this 3 day of Apr, / , 2024.
ATTEST:
Steven Meiner
Mayor
\-74 APR 0 8 2024 ,J►i;g;
Rafael . Granado • "1,
City Clerk IN(ORP ORATED`
(Sponsored by Commissioner Alex J. Fernandez and Co-sponsored by,Commissioners Laura
Dominguez, Joseph Magazine, David Suarez, and Tanya Bhatt)
Underline denotes additions. Co-Sponsored by Mayor Steven Meiner
Double underline denotes additions after First Reading.
denotes deletions after First Reading.
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
City Attorney Date
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Ordinances -R5 K
MIAMI BEA
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 3, 2024
11:00 a.m. Second Reading Public Hearing
SUBJECT:SPEED DETECTION SYSTEMS IN SCHOOL ZONES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION CITY OF
MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND
VEHICLES," BY CREATING ARTICLE XII, ENTITLED "SCHOOL ZONES
AND SPEED DETECTION SYSTEMS," BY CREATING SECTION 106-495
THEREOF, ENTITLED "SPEED DETECTION SYSTEMS IN SCHOOL
ZONES," TO AUTHORIZE THE PLACEMENT, INSTALLATION, . AND
OPERATION OF SPEED DETECTION SYSTEMS ON SPECIFIED
ROADWAYS MAINTAINED AS SCHOOL ZONES; ESTABLISH TRAFFIC
ENFORCEMENT PROCEDURES WHEN SPEED DETECTION SYSTEMS
ARE UTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS; AND
CREATE HEARING PROCEDURES RELATING TO SUCH SCHOOL ZONE
SPEED LIMIT VIOLATIONS; PROVIDING FOR REPEALER.-
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission ("City
Con-mission")approve the Ordinance on Second Reading.
BACKGROUND/HISTORY
In the 2023 legislative session, the Florida Legislature passed and adopted House Bill 657 ("HB
657"), which has been codified as Section 316.008(9), Florida Statutes, pertaining to the use of
Speed Detection Systems ("SDS")to enforce speed limits in school zones.
HB 657 authorizes counties and municipalities to place or install, or contract with a vendor to place or
install, SDS (which are similar to red light cameras)to enforce school zone speed limits for violations
in excess of 10 miles per hour("MPH")over the applicable speed limit when children are going to or
from school (beginning 30 minutes before the start of a breakfast program or scheduled school
session and ending 30 minutes after the end of a scheduled school session); and to enforce posted
speed limits during the entirety of the school session. HB 657 further authorizes counties and
municipalities to enact an ordinance regarding the placement or installation of SDS upon determining
that the location of such system(s)warrant additional enforcement action based on traffic data and/or
other evidence supporting the need for SDS in such location(s).
Page 682 of 1445
Additional requirements of HB 657 include, but are not limited to, signage warning motorists that
speed detection systems are in use; a public announcement and public awareness campaign prior to
commencing enforcement of school zone speed limits with SDS; annual reporting to the Florida
Department of Highway Safety and Motor Vehicles ("DHSMV") as to the results of all SDS within
the City; and the City Commission to hold public meetings regarding contracts and data reported.
HB 657 specifically authorizes SDS to be placed or installed in a school zone on a state road when
permitted by the Florida Department of Transportation ("FOOT") and in accordance with FDOT-
developed placement and installation specifications. SDS may also be placed or installed in a school
zone on a street or highway under the City's jurisdiction, in accordance with FDOT-established
placement and installation specifications.
At the June 28, 2023 City Commission meeting, the City Commission adopted Resolution No. 2023-
32653 (Attachment A)directing the Administration to evaluate whether any school zone(s) in the City
warrant the installation of SDS to address any heightened safety risks to school children; and further,
directing the Administration to present its findings and recommendations at the October 18, 2023 City
Commission meeting. The discussion item (R9 AG) was not reached during the October 18, 2023
City Commission meeting.
At the December 13, 2023 City Commission meeting, the City Commission directed the
Administration and the City Attomey's Office to draft an Ordinance for consideration at the January
31, 2024 City Commission meeting. The item was included on the January 31, 2024 City
Commission agenda (Item R5 AD)but was not reached.
At the February 21, 2024 City Commission meeting, the City Commission approved the proposed
Ordinance on First Reading and scheduled a Second Reading public hearing for the April 3, 2024
City Commission meeting.
ANALYSIS
The City engaged The Corradino Group, Inc. ("Consultant"), one of the City's pre-qualified rotational
transportation consultants, to evaluate the current vehicular speeds and volumes along various
school zones within the City for the potential installation of SDS to determine if the selected school
zones warrant additional speed enforcement. The City proceeded with a phased approach in
evaluating school zones, prioritizing the school zones adjacent to major corridors and where the City
has received speeding complaints. The Consultant evaluated vehicular speeds along seventeen (17)
school zones associated with eight (8) schools within the City as part of the Phase 1 traffic study
(Attachment B). Following is the list of schools evaluated as part of Phase 1:
1. South Pointe Elementary School
2. Miami Beach Fienberg Fisher K-8 Center
3. Miami Beach Senior High School
4. North Beach Elementary School
5. Miami Beach Nautilus Middle School
6. Biscayne Beach Elementary School
7. Mater Beach Academy
8. Hebrew Academy
The Consultant completed the speed and volume data collection which was required to be collected
while school is in session. Data was collected for three (3) consecutive school days. The Consultant
Page 683 of 1445
has analyzed the data collected and prepared a technical report summarizing the findings, field
observations, and recommendations, which has been reviewed by City staff.
Based on the collected traffic volume data and the crash history reviewed, the Phase 1 traffic study
found that the 85th percentile speeds of six (6) of the school zones evaluated._exceeded the_posted. _. .
speed limit by more than 10 MPH during one or more school periods, and therefore, are potential
candidates for the installation of SDS. The following is a list of school zones (and the corresponding
schools) evaluated as part of the Phase 1 traffic study that are potential candidates for the
installation of SDS:
1. School Zone 1 —Mon Road from north of 4 Street to 180 feet south of 2 Street (South Pointe
Elementary School)
2. School Zone 8 — Dade Boulevard from Prairie Avenue to approximately 23 Street (Miami
Beach Senior High School)
3. School Zone 9 — Prairie Avenue from north of Dade Boulevard to approximately 2500 Prairie
Avenue(Miami Beach Senior High School)
4. School Zone 10 — 41 Street from east of Mon Road to west of Royal Palm Avenue (North
Beach Elementary School)
5. School Zone 14—Meridian Avenue from 43 Court to north of 41 Street (Miami Beach Nautilus
Middle School)
6. School Zone 17 — Pine Tree Drive from 23 Street to approximately 2500 Pine Tree Drive
(Hebrew Academy)
As a second phase ("Phase 2 traffic study"), should the City Commission approve, the
Transportation and Mobility Department may conduct an evaluation of all remaining school zones
within the City to determine if any additional school zones experience speeding and are therefore
potential candidates for the installation of SDS.
Pursuant to Florida Statute 316.008(9)(c), "a county or municipality must enact an ordinance in order
to authorize the placement or installation of a speed detection system on a roadway maintained as a
school zone as authorized by this subsection. As part of the public hearing on such proposed
ordinance, the county or municipality must consider traffic data or other evidence
supporting the installation and operation of each proposed school zone speed detection
system, and the county or municipality must determine that the school zone where a speed detection
system is to be placed or installed constitutes a heightened safety risk that warrants additional
enforcement measures pursuant to this subsection." As such, and in consultation with the City
Attorney's Office, the proposed ordinance will include, at this time, the six(6)school zones where the
Phase 1 traffic study found that speeding occurred by more than 10 MPH above the posted speed
limit during one or more school periods. If any additional school zones evaluated as part of a Phase 2
traffic study are found to exceed the posted speed limit by more than 10 MPH during one or more
school periods, those school zones will be incorporated as an amendment to this ordinance for City
Commission consideration at a future date.
BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to
assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the
attached, a Business Impact Estimate is required for the subject Ordinance. The City of Miami
Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. The
Business Impact Estimate was published on the City's website (https://www.miamibeachfl.gov/city-
Page 684 of 1445
hall/city-clerk/meeting-notices/)on March 22, 2024.
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13,
2023,_the following information has been provided by the primary item sponsor as it relates to the
subject ordinance:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
2. If so, specify name of lobbyist(s)and principal(s): N/A
SUPPORTING SURVEY DATA
In the 2022 Miami Beach Resident Survey, 81% of residents expressed concerns with pedestrian
safety (vehicles not yielding to pedestrians) when crossing the street at an intersection; 25.1% of
residents are dissatisfied with the length of wait time to cross; and 8.4% are concerned about
insufficient crossing time during walk phase Over half of the residents surveyed (56.5%)walk as one
of their primary modes of transportation within the City.
FINANCIAL INFORMATION
While approval of this ordinance does not have a fiscal impact, it is important to note that the analysis
of additional school zones in the City (i.e. Phase 2 traffic study) would have a fiscal impact in the
approximate amount of$100,000 if the traffic study is conducted through one of the City's rotational
transportation consultant contracts. However, if the Phase 2 traffic study is conducted by a contractor
selected to implement and administer SDS program services in the City, it could potentially be
performed at no cost to the City, subject to contract negotiations.
CONCLUSION
Pursuant to City Commission direction received at the June 28, 2023 City Commission meeting, City
staff engaged a Consultant to conduct a Phase 1 traffic study to evaluate whether certain selected
school zones in the City warrant the installation of SDS. Based on the evaluation of the collected
speed data and the crash history reviewed, the study found that the 85th percentile speeds within six
(6) of the school zones evaluated exceeded the posted speed limit by more than 10 MPH during one
or more school periods, and therefore, are potential candidates for the installation of SDS.
Pursuant to the City Commission direction received at the December 13, 2023 City Commission
meeting, the Administration worked with the City Attorney's Office to draft an Ordinance, as required
by Section 316.008(9), Florida Statutes, for the placement and/or installation of SDS for
consideration on First Reading at the January 31, 2024 City Commission meeting. The item was
included on the January 31, 2024 City Commission agenda (Item R5 AD) but was not reached. The
Ordinance was approved on First Reading at the February 21, 2024 City Commission meeting. The
proposed ordinance lists the specific school zones which were found to experience speeding based
on the results of the Phase 1 traffic study.-
The Administration recommends that the City Commission approve the Ordinance on Second
Reading. If approved by the City Commission, the Administration is recommending pursuing a
competitive solicitation- for these goods and services. Furthermore, if approved, the
Administration can conduct an evaluation of all remaining school zones within the City
(Phase 2 traffic study)to determine if any additional school zones experience speeding and
Page 685 of 1445
therefore, are potential candidates for the installation of SDS.Additional school zones meeting
the criteria for installation of SDS could be incorporated in the Ordinance as part of an amendment
for City Commission consideration at a future date.
Applicable Area
Citywide - -
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods -Work with partners to address regional safety issues.
Legislative Tracking
Transportation and Mobility
Sponsor
Commissioner Femandez/Co-sponsored by Comm. Dominguez, Magazine, Suarez, Bhatt, &
Mayor Meiner
ATTACHMENTS:
Description
o Attachment A—Resolution No. 2023-32653
D Attachment B—School Zones Evaluated for the Potential Installation of SDS
o Attachment C - Ordinance 2nd Reading
D Memo with link to view: MB School Zones Speed Study(Phase 1)
o BIE- Ordinance Speed Detection Systems in School Zones-4-3-2024
Page 686 of 1445
RESOLUTION NO. 2023-32653
A-RESOLUTION-OF-THE--MAYOR AND CITY-COMMISSION-OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION TO EVALUATE WHETHER ANY SCHOOL ZONE(S)
IN THE CITY WARRANT THE INSTALLATION OF AUTOMATED
SPEED DETECTION SYSTEMS IN ORDER ADDRESS ANY
HEIGHTENED SAFETY RISKS TO SCHOOL CHILDREN; AND
FURTHER, DIRECTING THE ADMINISTRATION TO PRESENT ITS
FINDINGS AND RECOMMENDATIONS AT THE OCTOBER 18, 2023
CITY COMMISSION MEETING.
WHEREAS, in the 2023 legislative session, the Florida Legislature passed and adopted
House Bill 657 (CHB 657"), which creates Florida Statute 316.008(9), pertaining to the use of
speed detection systems("SDS")in order to enforce speed limits in school zones; and
WHEREAS, HB 657 authorizes counties and municipalities to place or install, or contract •
with a vendor to place or install, SDS (which are similar to red light cameras)to enforce school
zone speed limits for violations in excess of 10 miles per hour over the applicable speed limit
when children are going to school (30 minutes before) or leaving school (30 minutes after) and
during the entirety of the school day; and
WHEREAS, HB 657 further authorizes counties and municipalities to enact an ordinance
regarding the placement or installation of SDS upon determining that each location of such
system constitutes a heightened safety risk that warrants additional enforcement action based
upon traffic data and/or other evidence supporting the need for SDS in such location; and
WHEREAS, the further requirements of HB 657 include signage warning motorists that
speed detection systems are in use; a public announcement and public awareness campaign
prior to commencing enforcement of school zone speed limits with SDS; annual reporting to the
Florida Department of Highway Safety and Motor Vehicles ("DHSMV") as to the results of all
SDS within the City; and the City Commission to hold public meetings regarding contracts and
data reported; and
WHEREAS,HB 657 specifically authorizes SDS to be placed or installed in a school zone
on a state road when permitted by the Florida Department of Transportation ("FDOT") and in
accordance with FDOT-developed placement and installation specifications; and
WHEREAS, SDS may also be placed or installed in a school zone on a street or highway
under the City's jurisdiction, in accordance with FDOT-established placement and installation
specifications, which specifications FDOT must establish by December 31, 2023.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby direct the City
Administration to evaluate whether any school zone(s) in the City warrant the installation of
automated speed detection systems in order address any heightened safety risks to school
Page 687 of 1445
children; and further, directing the Administration to present its findings and recommendations at
the October 18, 2023 City Commission meeting.
PASSED AND ADOPTED this aS day of Ji hF-- , 2023.
ATTEST:
JUL * 5 2023 Dan Gelber, Mayor
Ra I E. Granada, City Clerk ,....g,,,,,
(Sponsored by Commissioner Alex J. Fernandez) - 94s :%;
INCORF•ORRA Er o'
APPROVED AS TO •
. FORM&LANGUAGE-
&FOR EXECUTION
6-1c--a3
City Attorney• MMI Date
2
Page 688 of 1445
Resolutions-C7 AA
MIAM1BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: June 28,2023
•
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING. THE CITY ADMINISTRATION
TO EVALUATE WHETHER ANY SCHOOL ZONE(S)IN THE CITY WARRANT
THE INSTALLATION OF AUTOMATED SPEED DETECTION SYSTEMS IN
ORDER ADDRESS ANY HEIGHTENED SAFETY RISKS TO SCHOOL
CHILDREN; AND FURTHER, DIRECTING THE ADMINISTRATION TO
PRESENT ITS FINDINGS AND RECOMMENDATIONS AT THE OCTOBER
18,2023 CITY COMMISSION MEETING.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez,the attached Resolution is submitted
for consideration by the Mayor and City Commission.
SUPPORTING SURVEY DATA
N/A.
FINANCIAL INFORMATION
None at this time.
•
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
.Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
Page 865 of 1808
Page 689 of 1445
ATTACHMENTS:
Description
o Resolution
Page 866 of 1808
Page 690 of 1445
MIAMI BEACH
Table 2.Schools Zones Time Periods
SCHOOL ZONE LIMITS OF SCHOOL ZONE SCHOOL ZONES TIMES
DISPLAYED' - --_
7:15-8:45 AM
Zone 1 From north of 4th St to 180 ft south of 2nd St 1:45-3:30 PM
Alton Road EX.WED 1:45-2:30PM
1.South Pointe Zone 2- 7:15-8:45 AM
Elementary School 4th Street From Alton Rd.east to west of Jefferson St. 1:45-3:30 PM
EX.WED 1:45-2:30PM
Zone 3- 7:15-8:45 AM
Michigan From south of 5th St.south to 2nd:St', 1:45-3:30 PM
,> Ys
Avenue < .; '- EX.WED 1:45-2:30PM
Zone 4- A7 a 7:15 8:45 AM
Washington From 150 ft.south of 14th St north;to just south oyf 15th St. 1:45-3:30 PM
Avenue `~� ; .� EX.WED 1:45-2:15PM
Zone 5 rw't:= '`f`=ram 7:15-8:45 AM
Pennsylvania From 13th St north to south of 15th St :; -. 1:45-3:30 PM
2.Fienberg Fisher K- Avenue r-EX.WED 1:45-2:15PM
8 Center _`' +`- ''• �7.15 8.45 AM
Zone 6 From Euclid Ave:east to Washington Ave. 1:45-3:30 PM
14 Street •' EX.WED_1:45-2:15PM
Zone 7- A ' - 4 7:15-_$:45 AM
Euclid From=14t1 St north to south of-15th St 1:45-3:30 PM
Avenue i = >,_ EX.WED 1:45-2:15PM
Zone 8 -,.` .-, ".i: 6:30-8:00 AM
Dade From west of Praire Ave to approx 23rd St s 2:15-4:45 PM
3.Miami Beach Boulevard`.' .. `? ._ '- ~ 4 EX.FRI 1:15-3:00PM
Senior High School Zone 9 - ' ), * �` 6:30-8:00 AM
Frame From north of Dade Blvd.north to approx 2500 Praire Ave. 2:15-4:45 PM
"Avenue 1-- 21 EX.FRI 1:15-3:00PM
Zone10' µ`;;;me 7:15-9:15 AM
4 z West 41 From east of:Alton Rd east to west of Royal Palm Ave. 1:45-3:30 PM
Street 1" 4 _: ',j. ' EX.WED 1:45-2:30PMC21
..- Zone 11 From'north of W 40th St'`.rigrth to north of Chase Ave.1 W 7:15 9:15 AM
4 North Beach
- Frame --.,` 1:45-3:30 PM
Elementary School �. � � 44th St
:, Avenues EX.WED 1:45-2:30PM
Zone 12-' n 7:15-9:15 AM
Chase From Prairie Ave.south to W 41 st St 1:45-3:30 PM
'Z,�:<` Avenue ?_ , EX.WED 1:45-2:30PM
ti Zone 13- ,:`� 7:45-9:15 AM
,.Michigan r 7 From W.43rd CT.south to W.42nd St 3:45-4:15 PM
5.Miami Beach Avenue .`. _ MON-FRI
Nautilus Middle 7:45-9:15 AM
School Zone 14--_ 3'`
Meridian'- From W.43rd CT.south to north of 41st St. 3:45-4:15 PM
Avenue MON-FRI
6.Biscayne Beach Zone 15- 7:30-8:45 AM
Dickens From south of 78th Street south to north of 74th Street 1:45-4:30 PM
Elementary School
Avenue EX.FRI 1:45-3:30 PM
7:00-8:45 AM
7.Mater Beach Zone 16- From 240 feet south of 88th St south to north of 85th St 2:15-4:00 PM
Academy Byron Avenue MON-FRI
Zone 17- 6:30-8:00 AM
8.Hebrew Academy Pine Tree From 23rd St to approx.2500 Pine Tree Dr. 2:15-4:45 PM
Drive EX.FRI 1:15-3:00PM
THE CORRADINO GROUP ----Page-691-of-1445 '
— -- 38 Pa e
ORDINANCE NO.
_ AN_ORDINANCE_OFTHE MAYOR_AND CITY- COMMISSION -- - -
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106,
ENTITLED "TRAFFIC AND VEHICLES," BY CREATING
ARTICLE XII, ENTITLED "SCHOOL ZONES AND SPEED
DETECTION SYSTEMS," BY CREATING SECTION 106-495
THEREOF, ENTITLED "SPEED DETECTION SYSTEMS IN
SCHOOL ZONES," TO AUTHORIZE THE PLACEMENT,
INSTALLATION, AND OPERATION OF SPEED DETECTION
SYSTEMS ON SPECIFIED ROADWAYS MAINTAINED AS
SCHOOL ZONES; ESTABLISH TRAFFIC ENFORCEMENT
PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE
UTILIZED FOR SCHOOL ZONE SPEED LIMIT VIOLATIONS;
AND CREATE HEARING PROCEDURES RELATING TO SUCH
SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, on July 1, 2023, House Bill 657 ("HB 657"), as codified in Chapter 2023-174
of the Laws of Florida, went into effect authorizing counties and municipalities to use speed
detection systems ("SOS Systems") to enforce school zone speeding violations in excess of 10
miles over the posted speed limit during certain times and days; and
WHEREAS, pursuant to HB 657, prior to installing and utilizing SDS Systems to enforce
eligible school zone speeding violations, counties and municipalities are required to adopt an
ordinance authorizing the placement and installation of SDS Systems, and create traffic
enforcement procedures relating to the enforcement of school zone speed limits through the use
of SDS Systems; and
WHEREAS, HB 657 also requires the governing body of the municipality to first determine
whether each school zone constitutes a heightened safety risk that warrants additional traffic
enforcement measures, based on traffic data or other evidence, prior to the installation and
operation of an SDS System in any school zone; and
Page 692 of 1445
WHEREAS, the City contracted with The Corradino Group ("Corradino") to conduct and
complete a speed evaluation study relating to the potential implementation of SDS Systems in
school zones within the City; and
WHEREAS, Corradino completed the study and provided the City with its Miami Beach
School Zones Speed Study(the"Report")for consideration by the City; and
WHEREAS, the Report evaluated seventeen (17) school zones spread across eight (8)
different schools in the City; and
WHEREAS, after consideration of the traffic data, information, and conclusions provided
in the Report (which Report is on-file with the City Clerk), and any other relevant evidence
presented at the public hearing held on April 3, 2024, the City Commission has determined that
the following school zones constitute a heightened safety risk that warrant additional enforcement
measures pursuant to Section 316.008(9), Florida Statutes:
1. School Zone 1 -Alton Road from north of 4th Street to 180 feet south of 2nd Street(South
Pointe Elementary School)
2. School Zone 8—Dade Boulevard from west of Prairie Avenue to approximately 23rd Street
(Miami Beach Senior High School)
3. School Zone 9 — Prairie Avenue from north of Dade Boulevard north to approximately
2500 Prairie Avenue (Miami Beach Senior High School)
4. School Zone 10—41st Street from east of Alton Road to west of Royal Palm Avenue(North
Beach Elementary School)
5. School Zone 14— Meridian Avenue from 43rd Court to north of 41st Street (Miami Beach
Nautilus Middle School)
6. School Zone 17—Pine Tree Drive from 23rd Street to approximately 2500 Pine Tree Drive
(Hebrew Academy)(collectively, the"School Zones"); and
2
Page 693 of 1445
WHEREAS, in order to mitigate the heightened safety risks in the School Zones, the City
Commission desires to adopt this Ordinance to, among other things, make findings that the
School Zones constitute heightened safety risks that warrant additional enforcement measures
pursuant to Section 316.008(9), Florida Statutes, based on the Report and any other relevant
evidence presented at the April 3, 2024, public hearing; authorize the placement, installation, and
operation of SDS Systems in the School Zones; create procedures for the issuance of notice of
violations for school zone speeding violations by duly qualified traffic infraction enforcement
officers pursuant to Section 316.1896, Florida Statutes; and establish a hearing framework
whereby a local hearing officer(s) will determine whether school zone speeding violations have
occurred; and
WHEREAS, the City Commission finds that speeding violations in school zones present
a real hazard not only to the general public's health and safety, but also specifically to children
who are arriving at or departing from school; and
WHEREAS, enforcement of speed limits in school zones with law enforcement officers
alone can be difficult, as in the time a law enforcement officer has stopped and cited a speeding
driver, other motorists can commit speeding violations and escape the issuance of a citation; and
WHEREAS, the City Commission finds it to be in the best interest of the public, health,
safety, and welfare of the residents of Miami Beach to adopt this Ordinance amending the City
Code.
NOW,THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS:
SECTION 1. That Article XII of Chapter 106 of the Code of the City Miami Beach is hereby
created as follows:
CHAPTER 106-TRAFFIC AND VEHICLES
ARTICLE XII. -School Zones and Speed Detection Systems
3
Page 694 of 1445
Section 106-495. Speed Detection Systems in School Zones.
(a) Purpose and Intent. The City desires to protect the public health, safety, and welfare of
individuals traveling to and from schools in the City, especially students and their parents and/or
legal guardians, and school employees. Accordingly, the City seeks to enforce School Zone
speed limits by authorizing the installation, implementation, and operation of Speed Detection
Systems on those roadways properly maintained as school zones, that constitute a heightened
safety risk warranting additional enforcement measures pursuant to Section 316.008(9), Florida
Statutes, in accordance with Chapter 2023-174, Laws of Florida, as may be amended from time
to time.
(b)Definitions. The following words,terms and phrases,when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning:
(1) Local Hearing Officer means a Special Magistrate, or such other qualified person
designated by Resolution of the City Commission, to conduct hearings relating to
notices of violation issued pursuant to Sections 316.1896 and 316.0083, Florida
Statutes.
(21 Person means a natural person, the registered owner or co-owner of a motor
vehicle, or the person identified in an affidavit as having actual care, custody, or
control of the motor vehicle at the time of a Violation.
01 Petitioner means a person who elects to request a hearing before the Local
Hearing Officer for the purpose of determining whether a Violation under Section
316.1896, Florida Statutes, has occurred.
(4) School Zone means a roadway located within the City and maintained as a School
Zone pursuant to Section 316.1895, Florida Statutes, which constitutes a
4
Page 695 of 1445
heightened safety risk that warrants additional enforcement measures, as
determined by the City Commission after consideration of traffic data and other
relevant evidence.
(5) Speed Detection System means a portable or fixed automated system used to
detect a motor vehicle's speed using radar or LiDAR, and to capture a photograph
or video of the rear of a motor vehicle that exceeds the speed limit in force at the
time of the Violation.
(6) Traffic Infraction Enforcement Officer means the Police Department employee(s)
designated by the City who meet the qualifications set forth in Fla.Stat.316.640(5),
and/or any other relevant statute, and are vested with the authority to enforce
Violations.
W Violation means a person that drives a motor vehicle on a roadway designated as
a School Zone at a speed as follows:
(A) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the start of a regularly scheduled
breakfast program in violation of Section 316.1895, Florida Statutes.
(B) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the start of a regularly scheduled
school session in violation of Section 316.1895, Florida Statutes.
(C) In excess of 10 miles per hour over the posted speed limit during the entirety
of a regularly scheduled school session in violation of Section 316.183, Florida
Statutes.
(D) In excess of 10 miles per hour over the School Zone speed limit which occurs
within 30 minutes before through 30 minutes after the end of a regularly scheduled
school session in violation of Section 316.1895, Florida Statutes.
5
Page 696 of 1445
(c) Findings. After consideration of the traffic data provided in the "Miami Beach School Zones
Speed Study" prepared by The Corradino Group (which is on-file with the City Clerk), and any
other relevant evidence presented at the public hearin held on - - o it 3
the City Commission hereby finds that the following School Zones where Speed Detection
Systems are to be placed or installed constitute a heightened safety risk that warrant additional
enforcement measures pursuant to Section 316.008(9), Florida Statutes:
1. Alton Road from north of 4th Street to 180 feet south of 2'd Street(South Pointe
Elementary School) _,
2. Dade Boulevard from west of Prairie Avenue to approximately 23rd Street(Miami Beach
Senior High School)
3. Prairie Avenue from north of Dade Boulevard north to approximately 2500 Prairie Avenue
(Miami Beach Senior High School)
4. 41st Street from east of Alton Road to west of Royal Palm Avenue (North Beach
Elementary School)
5. Meridian Avenue from 43rd Court to north of 41st Street (Miami Beach Nautilus Middle
School)
6. Pine Tree Drive from 23rd Street to approximately 2500 Pine Tree Drive (Hebrew
Academy).
(d) Placement and Installation of Speed Detection Systems. Consistent with'and pursuant to
Chapter 316. Florida Statutes, and Chapter 2023-174, Laws of Florida, as may be amended from
time to time, the City Commission authorizes the placement, installation, and operation of
automated Speed Detection Systems on School Zone roadways, as identified herein under
subsection 106-495(c), to enforce Violations.
(e) Notice of Violation, Designation of Local Hearing Officer, and Hearing Procedures.
6
Page 697 of 1445
Within thirty(30) days after a Violation, a notice of violation shall be sent by first
class mail to the registered owner of the motor vehicle involved in the Violation. The notice of
violation must include:
a. The name and address of the vehicle owner;
b. a photograph, video, or other recorded image showing the license plate of
the motor vehicle;
c. The make, model, and year of the vehicle;
d. The date, time, and location of the Violation;
e. Notice that the infraction charged is pursuant to this section;
f. The maximum speed at which the motor vehicle was traveling within the
School Zone;
9, The speed limit within the School Zone at the time of the Violation;
h. A statement that the owner has a right to review, in person or remotely, the
photograph or video captured by the Speed Detection System(s) and the
evidence of the speed of the motor vehicle detected by the Speed
Detection System(s) which constitutes a rebuttable presumption that the
motor vehicle was used in a Violation;
Instructions as to the time and the place when, or website at which, the
photograph or video captured, and evidence of speed detected, by the
Speed Detection System(s)may be examined and observed;
Information that advises the Violator on the person's right to request a
hearing and on all costs related thereto and a form used to request a
hearing, or alternatively, a web address to a website that provides such
information;
k. Instructions on all methods of payment of the penalty;
7
Page 698 of 1445
•
I. A statement specifying the remedies available under Section 318.14,
Florida Statutes;
m. A statement that the owner must pay a penalty in the amount provided
under Section 318.18(3)(d), Florida Statutes, or furnish an affidavit that
compiles with Section 316.1896(8), Florida Statutes, within thirty(30)days
in order to avoid court fees, costs, and the issuance of a uniform traffic
citation against the owner: and
n. A signed statement by the Traffic Infraction Enforcement Officer that,based
on inspection of recorded photographs or video captured by the Speed
Detection System(s),the vehicle was involved in and was utilized to commit
a Violation.
(2) Except as may be otherwise provided by resolution of the City Commission, the City
shall utilize its Special Magistrates to serve as the Local Hearing Officer(s)who shall preside over
notice of violation hearings, as established by Section 316.1896, Florida Statutes, as amended.
(3)The City of Miami Beach Clerk's Office shall serve as the clerical staff, as designated
by the City of Miami Beach Clerk, to serve as the clerk(s)to the Local Hearing Officer(s).
(4)Pursuant to 316.1896(1),the City Manager,or the City Manager's designee, may elect
to authorize Traffic Infraction Enforcement Officer(s)to issue uniform traffic citations, as set forth
in 316.1896(6), for violations of Sections 316.1895 and 316.183, as authorized by 316.008(9),
Florida Statutes, and the City Commission shall designate, by resolution, existing staff to serve
as the clerk to the Local Hearing Officer.
(5)Any Petitioner that elects to request a hearing shall be scheduled for a hearing by the
clerk of the Local Hearing Officer, with notice of the hearing to be sent to the Petitioner by first-
class mail. Upon receipt of the notice, the Petitioner may reschedule the hearing up to two (2)
times by submitting a written request to reschedule to the clerk of the Local Hearing Officer, at
8
Page 699 of 1445
least five(5)calendar days before the day of the originally scheduled hearing.The Petitioner may
cancel his or her appearance before the Local Hearing Officer by paying the penalty assessed by
Section 316.1896(2), Florida Statutes, as amended, plus the administrative costs established
under Section 316.0083(5)(c), Florida Statutes, before the start of the hearing.
(6)All testimony at the hearing shall be taken under oath and shall be recorded.The Local
Hearing Officer shall take testimony from a Traffic Infraction Enforcement Officer and the
Petitioner, and may take testimony from others. The Local Hearing Officer must review the
photograph or video captured by the Speed Detection System and the evidence of the speed of
the motor vehicle detected by the Speed Detection System. The formal rules of evidence do not
apply, but due process shall be observed and govern the proceedings.
(7)At the conclusion of the hearing, the Local Hearing Officer must determine whether a
Violation has occurred, in which case the Local Hearing Officer shall uphold or dismiss the
Violation. The Local Hearing Officer shall issue a final administrative order including the
determination and, if the notice of the violation is upheld, must require the Petitioner to pay the
penalty assessed under Section 318.18(3)(d), Florida Statutes, as amended, and may also
require the Petitioner to pay the City's costs, not to exceed the amount established under Section
316.0083(5)(e), Florida Statutes. The final administrative order shall be mailed to the Petitioner
by first-class mail.
(8)An aggrieved party may appeal a final administrative order consistent with the process
provided under Section 162.11. Florida Statutes. as such may be amended from time to time.
(9)The City, or the City Manager's designee, shall assess penalties, and remit applicable
portions of assessed penalties, consistent with the requirements of Chapter 2023-174, Laws of
Florida, as such may be amended from time to time.
(10) A uniform traffic citation must be issued by mailing the uniform traffic citation via
certified mail to the address of the registered owner of the motor vehicle involved in the Violation
9
Page 700 of 1445
if payment has not been made within 30 days after notification pursuant to Fla. Stat. 316.1896(2)
and subsection (e)(1)(m) herein: if the registered owner has not requested a hearing in
accordance with Fla. Stat. 316.1896(3)and subsection(e)(1)(i)herein;and if the registered owner
has not submitted an affidavit in accordance with Fla. Stat. 316.1896(8)and subsection (e)(1)(m)
herein.
(e)Signage and Public Awareness Campaign.The City Manager,or the City Manager's designee,
shall post signage, make a public announcement, and conduct a public awareness campaign
regarding the City's placement and installation of Speed Detection Systems consistent with the
requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time.
(f) Reporting. The City Manager,or the City Manager's designee, shall comply with the reporting
requirements of Chapter 2023-174, Laws of Florida, as such may be amended from time to time.
(q) Supplemental Authority. The provisions of this Section supplement the enforcement of
Sections 316.1895 and 316.183, Florida Statutes, by law enforcement officers, and does not
prohibit law enforcement officers from issuing uniform traffic citations for violations of Sections
316.1895 or 316.183.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
10
Page 701 of 1445
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of , 2024.
PASSED and ADOPTED this day of , 2024.
ATTEST:
Steven Meiner
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Alex J. Fernandez and Co-sponsored by Commissioners Laura
Dominguez, Joseph Magazine, David Suarez, and Tanya Bhatt)
Underline denotes additions.
Double underline denotes additions after First Reading.
denotes deletions after First Reading.
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
0Y7C tg 3 - -)'Lk
City Attorney pate
11
Page 702 of 1445
DocuSign Envelope ID:C59C7C0B-BCC4-407B-9897-1C4B0FAF40A0
MIAMI BEACH
_ City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl,gov___. _,
TO: Honorable Mayor Steven Meiner and Members of the City Commission
Dom'Slgned by:
FROM: Alina T. Hudak, City Manager) nh61.4,t
ut
MEETING DATE: January 31, 2024 7AE29EF3401349E..:
SUBJECT: SUPPLEMENTAL INFORMATION—ITEM R5 AD:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY
CREATING ARTICLE XII, ENTITLED "SCHOOL ZONES AND SPEED
DETECTION SYSTEMS," BY CREATING SECTION 106-495 THEREOF,
ENTITLED "SPEED DETECTION SYSTEMS IN SCHOOL ZONES," TO
AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF
SPEED DETECTION SYSTEMS ON SPECIFIED ROADWAYS MAINTAINED AS
SCHOOL ZONES; ESTABLISH TRAFFIC ENFORCEMENT PROCEDURES
WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL ZONE
SPEED LIMIT VIOLATIONS; AND CREATE HEARING PROCEDURES
RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The purpose of this memorandum is to provide supplemental information for Item R5 AD on the
January 31, 2024 City Commission meeting agenda. To view the final Miami Beach School
Zones Speed Study (Phase 1) prepared by the City's Consultant, please use the following link:
FINAL- Miami Beach School Zones Speed Study Report-2023.pdf
ATH/RW/JRG
Page 703 of 1445
MIAMI BE H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfLgov
TO: Honorable Mayor Steven Meiner and Members of the City Commission
FROM: Aline T. Hudak, City Manager keeithaitiPtielir
MEETING DATE: April 3, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 106, ENTITLED "TRAFFIC AND VEHICLES," BY
CREATING ARTICLE XII, ENTITLED "SCHOOL ZONES AND SPEED
DETECTION SYSTEMS," BY CREATING SECTION 106-495 THEREOF,
•
ENTITLED "SPEED DETECTION SYSTEMS IN SCHOOL ZONES," TO
AUTHORIZE THE PLACEMENT, INSTALLATION, AND OPERATION OF
SPEED DETECTION SYSTEMS ON SPECIFIED ROADWAYS MAINTAINED AS
SCHOOL ZONES; ESTABLISH TRAFFIC ENFORCEMENT PROCEDURES
WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL ZONE
SPEED LIMIT VIOLATIONS; AND CREATE HEARING PROCEDURES
RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Is a Business Impact Estimate Required?
® Yes ❑ No(If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
O The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
O The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
Page 704 of 1445
Business Impact Estimate
Page 2
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
----,developmentdistricts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: N/A
Page 705 of 1445
Ordinances-RS Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T.Hudak,City Manager
DATE: February 21,2024
First Reading
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106,
ENTITLED "TRAFFIC AND VEHICLES," BY CREATING ARTICLE XII, ENTITLED "SCHOOL
ZONES AND SPEED DETECTION SYSTEMS," BY CREATING SECTION 106-495
THEREOF, ENTITLED 'SPEED DETECTION SYSTEMS IN SCHOOL ZONES,"TO AUTHORIZE
THE PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON
SPECIFIED ROADWAYS MAINTAINED AS SCHOOL ZONES; ESTABLISH TRAFFIC
ENFORCEMENT PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR
SCHOOL ZONE SPEED LIMIT VIOLATIONS; AND CREATE HEARING
PROCEDURES RELATING TO SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING
FOR REPEALER.SEVERABILITY,CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Administration ("Administration")recommends that the Mayor and City Commission ("City Commission")approve the Ordinance on
First Reading and schedule a Second Reading public hearing for the April 3,2024 City Commission meeting.
BACKGROUND/HISTORY
In the 2023 legislative session, the Florida Legislature passed and adopted House Bill 657 ("HB 657"),which has been codified as Section
316.008(9),Florida Statutes,pertaining to the use of Speed Detection Systems('SDS')to enforce speed limits in school zones.
HB 657 authorizes counties and municipalities to place or install,or contract with a vendor to place or install,SDS(which are similar to red light
cameras) to enforce school zone speed limits for violations in excess of 10 miles per hour("MPH") over the applicable speed limit when
children are going to or from school(beginning 30 minutes before the start of a breakfast program or scheduled school session and ending 30
minutes after the end of a scheduled school session);and to enforce posted speed limits during the entirety of the school session. HB 657
further authorizes counties and municipalities to enact an ordinance regarding the placement or installation of SOS upon determining that the
location of such system(s)warrant additional enforcement action based on traffic data and/or other evidence supporting the need for SDS In
such location(s).
Additional requirements of HB 657 include, but are not limited to,signage warning motorists that speed detection systems are in use;a public
announcement and public awareness campaign prior to commencing enforcement of school zone speed limits with SDS;annual reporting to
the Florida Department of Highway Safety and Motor Vehicles("DHSMV")as to the results of all SDS within the City;and the City Commission
to hold public meetings regarding contracts and data reported.
HB 657 specifically authorizes SDS to be placed or installed in a school zone on a state road when permitted by the Florida Department of
Transportation (TOOT") and in accordance with FDOT-developed placement and installation specifications. SDS may also be placed or
installed in a school zone on a street or highway under the City's jurisdiction,in accordance with FOOT-established placement and installation
specifications.
At the June 28, 2023 City Commission meeting, the City Commission adopted Resolution No. 2023-32653 (Attachment A) directing the
Administration to evaluate whether any school zone(s)in the City warrant the installation of SDS to address any heightened safety risks to
school children;and further,directing the Administration to present its findings and recommendations at the October 18,2023 City Commission
meeting.The discussion item(R9 AG)was not reached during the October 18,2023 City Commission meeting.
At the December 13,2023 City Commission meeting,the City Commission directed the Administration and the City Attomey's Office to draft an
Ordinance for consideration at the January 31, 2024 City Commission meeting. The item was included on the January 31, 2024 City
Commission agenda(Item R5 AD)but was not reached.
ANALYSIS
The City engaged The Corradino Group, Inc.("Consultant"),one of the City's pre-qualified rotational transportation consultants,to evaluate the
current vehicular speeds and volumes along various school zones within the City for the potential installation of SDS to determine if the
selected school zones warrant additional speed enforcement. The City proceeded with a phased approach in evaluating school zones,
prioritizing the school zones adjacent to major corridors and where the City has received speeding complaints. The Consultant evaluated
vehicular speeds along seventeen (17)school zones associated with eight(8)schools within the City as part of the Phase 1 traffic study
(Attachment B).Following is the list of schools evaluated as part of Phase 1:
1.South Pointe Elementary School
2.Miami Beach Fienberg Fisher K-8 Center
3.Miami Beach Senior High School
4.North Beach Elementary School
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5.Miami Beach Nautilus Middle School
6.Biscayne Beach Elementary School
7.Mater Beach Academy
8.Hebrew Academy
The Consultant completed the speed and volume data collection which was required to be collected while school is in session. Data was
collected for three(3)consecutive school days.The Consultant has analyzed the data collected and prepared a technical report summarizing
the findings,_field_observations,and recommendations,-whichhas.beenuaviewed by-City.staff. - ---.--------- - —- —
Based on the collected traffic volume data and the crash history reviewed,the Phase 1 traffic study found that the 85th percentile speeds of six
(6)of the school zones evaluated exceeded the posted speed limit by more than 10 MPH during one or more school periods,and therefore,
are potential candidates for the installation of SDS.The following is a list of school zones(and the corresponding schools)evaluated as part of
the Phase 1 traffic study that are potential candidates for the installation of SDS:
1.School Zone 1—Alton Road from north of 4 Street to 180 feet south of 2 Street(South Pointe Elementary School)
2.School Zone 8—Dade Boulevard from Prairie Avenue to approximately 23 Street(Miami Beach Senior High School)
3.School Zone 9—Prairie Avenue from north of Dade Boulevard to approximately 2500 Prairie Avenue(Miami Beach Senior High School)
4.School Zone 10—41 Street from east of Alton Road to west of Royal Palm Avenue(North Beach Elementary School)
5.School Zone 14—Meridian Avenue from 43 Court to north of 41 Street(Miami Beach Nautilus Middle School)
6.School Zone 17—Pine Tree Drive from 23 Street to approximately 2500 Pine Tree Drive(Hebrew Academy)
As a second phase("Phase 2 traffic study"),should the City Commission approve,the Transportation and Mobility Department may conduct an
evaluation of all remaining school zones within the City to determine if any additional school zones experience speeding and are therefore
potential candidates for the installation of SDS.
Pursuant to Florida Statute 316.008(9)(c),"a county or municipality must enact an ordinance in order to authorize the placement or installation
of a speed detection system on a roadway maintained as a school zone as authorized by this subsection.As.part of the public heart g on
such proposed ordinance,the county or municipality must consider traffic data or other evidence supporting the installation and
operation of each proposed school zone speed detection system, and the county or municipality must determine that the school zone
where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures
pursuant to this subsection.°As such,and in consultation with the City Attomey's Office,the proposed ordinance will include,at this time,the
six(6)school zones where the Phase 1 traffic study found that speeding occurred by more than 10 MPH above the posted speed limit during
one or more school periods.If any additional school zones evaluated as part of a Phase 2 traffic study are found to exceed the posted speed
limit by more than 10 MPH during one or more school periods,those school zones will be incorporated as an amendment to this ordinance for
City Commission consideration at a future date.
)_OBBYIST DISCLOSURE
In accordance with Resolution No.2023-32857,adopted by the City Commission on December 13,2023,the following information has been
provided by the primary item sponsor as it relates to the subject ordinance:
1.Was the Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,includes a principal engaged in lobbying?No
2.If so,specify name of lobbyist(s)and principal(s):N/A
SUPPORTING SURVEY DATA
In the 2022 Miami Beach Resident Survey,81%of residents expressed concerns with pedestrian safety(vehicles not yielding to pedestrians)
when crossing the street at an intersection;25.1%of residents are dissatisfied with the length of wait time to cross;and 8.4%are concerned
about Insufficient crossing time during walk phase Over half of the residents surveyed (56.5%) walk as one of their primary modes of
transportation within the City.
FINANCIAL INFORMATION
While approval of this ordinance does not have a fiscal impact,it is important to note that the analysis of additional school zones in the City(i.e.
Phase 2 traffic study)would have a fiscal impact in the approximate amount of S100,000 if the traffic study is conducted through one of the
City's rotational transportation consultant contracts. However,if the Phase 2 traffic study is conducted by a contractor selected to implement
and administer SDS program services in the City,it could potentially be performed at no cost to the City,subject to contract negotiations.
CONCLUSION
Pursuant to City Commission direction received at the June 28,2023 City Commission meeting.City staff engaged a Consultant to conduct a
Phase 1 traffic study to evaluate whether certain selected school zones in the City warrant the installation of SDS.Based on the evaluation of
the collected speed data and the crash history reviewed, the study found that the 85th percentile speeds within six (6)of the school zones
evaluated exceeded the posted speed limit by more than 10 MPH during one or more school periods,and therefore,are potential candidates
for the Installation of SDS.
Pursuant to the City Commission direction received at the December 13,2023 City Commission meeting,the Administration worked with the
City Attorney's Office to draft an ordinance,as required by Section 316.008(9),Florida Statutes,for the placement and/or installation of SDS for
consideration on First Reading at the January 31, 2024 City Commission meeting. The item was included on the January 31, 2024 City
Commission agenda (Item R5 AD) but was not reached. The proposed ordinance lists the specific school zones which were found to
experience speeding based on the results of the Phase 1 traffic study.
The Administration recommends that the City Commission approve the Ordinance on First Reading and schedule a Second Reading public
hearing for the April 3,2024 City Commission meeting. If approved by the City Commission,the Administration is recommending pursuing a
competitive solicitation for these goods and services.Furthermore,if approved,the Administration can conduct an evaluation of all remaining
school zones within the City(Phase 2 traffic study)to determine if any additional school zones experience speeding and therefore,are potential
candidates for the installation of SDS. Additional school zones meeting the criteria for installation of SDS could be incorporated in the
ordinance as part of an amendment for City Commission consideration at a future date.
Page 707 of 1445
Applicable Area
Citywide
Is this a"Residents Right to Does this item utilize G,O.
Know"item,_pursuant to pond Funds?
City Code Section 2-14?
o- -- — — _ -
Strategic Connection
Neighborhoods-Work with partners to address regional safety issues.
Legislative Tracking
Transportation and Mobility
S op nsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners Dominguez,Magazine,Suarez,&Bhatt
ATTACHMENTS:
Description
D Attachment A-Resolution No.2023-32653
o Attachment B-School Zones Evaluated for the Potential Installation of SDS
D Ordinance
o Memo with link to view:MB School Zones Speed Study_(Phase 1)
•
Page 708 of 1445