BIE - Speed Detection Systems in School Zones (03/22/2024)M IAMI 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
FROM: Alina T. Hudak, City Manager~~ 'fir
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;
□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
□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,
Business Impact Estimate
Page 2
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
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.
14. Additional comments: N/A
O rd in a n c e s - R 5 Y
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Alina T. Hudak, City Manager
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 ("SOS") 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, SOS (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 SOS 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 SOS; annual reporting to
the Florida Department of Highway Safety and Motor Vehicles ("DHSMV") as to the results of all SOS within the City; and the City Commission
to hold public meetings regarding contracts and data reported.
HB 657 specifically authorizes SOS 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 FOOT-developed placement and installation specifications. SOS 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 SOS 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 Attorney'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 SOS 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 Elem entary School
7. Mater Beach Academ y
8. Hebrew Academ y
The Consultant com pleted the speed and volum e data collection which was required to be collected while school is in session. Data was
collected for thre e (3) con secutive school days. The Consultant has analyzed the data collected and prepared a technical report sum m arizing
the findings, field observ ations, and recom mendations, which has been reviewed by City staff.
Based on the collected tra ffic volum e data and the crash history reviewed, th e Ph ase 1 traffic study found th at the 85" percen tile spe eds of six
(6) of the school zones evaluated exceeded the posted speed lim it by more than 10 MPH during one or more school periods, and therefo re,
are potential candidates for the installation of SOS. The fo llowing is a list of school zones (and the corresponding schools) evaluated as part of
the Phase 1 traf fic study that are potential candidates fo r the installation of SOS:
1. School Zone 1-- Alton Road from north of 4 Street to 180 feet south of 2 Street (South Pointe Elem entary School)
2. School Zone 8- Dade Boulevard from Prairie Avenue to appro xim ately 23 Street (M iam i Beach Senior High School)
3. School Zone 9- Prai rie Avenue from north of Dade Boulevard to appro xim ately 2500 Pra irie Avenue (M iam i Beach Senior High School)
4. School Zone 10--41 Street from east of Alton Road to west of Royal Palm Avenue (North Beach Elem entary School)
5. School Zone 14- Meridian Avenue from 43 Court to north of 41 Street (M iam i Beach Nautilus Middle School)
6. School Zone 17-- Pine Tree Drive from 23 Street to approxim ately 2500 Pine Tree Drive (Hebrew Academ y)
As a second phase ("Phase 2 traffic study"), should the City Com m ission appro ve, the Tra nsportation and Mobility Departm ent may conduct an
evaluation of all rem aining school zones within the City to determ ine if any additional school zones experience speeding and are therefo re
potential candidates fo r the installation of SOS.
Pursuant to Florida Statute 316.008(9)(c), "a county or m unicipality must enact an ordinance in order to authorize the placem ent or installation
of a sp eed detection system on a roadway maintained as a school zon e as auth orized 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.
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 SOS 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 SOS. Based on the evaluation of
the collected speed data and the crash history reviewed, the study found that the 85" 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 SOS.
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 SOS 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 SOS. Additional school zones meeting the criteria for installation of SOS could be incorporated in the
ordinance as part of an amendment for City Commission consideration at a future date.
A ppli c ab le A r e a
Cityw ide
Is this a "Residents Right to
Know" item, pursuant to
City Code Section2.14?
Yes
Does this item utilize G.O.
Bond Funds?
No
Strategic Connection
Nei ghbo rh oods - W ork with partners to address regional safety issues.
Legislative Tr ack ing
Transportation and M obility
Sponsor
Com m issioner Alex Fern andez and Co-sponsored by Commissioners Dom inguez, Magazine, Suarez, & Bhatt
ATTACHMENTS:
Description
D Attachment A- Resolution No. 2023-32653
D Attachment B- School Zones Evaluated for the Potential Installation of SOS
Ordinance
Memo with link to view: MB School Zones Speed Study (Phase 1)
ORDINANCE NO. ------
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 SOS Systems to enforce
eligible school zone speeding violations, counties and municipalities are required to adopt an
ordinance authorizing the placement and installation of SOS Systems, and create traffic
enforcement procedures relating to the enforcement of school zone speed limits through the use
of SOS 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 SOS System in any school zone; and
W H E R E A S , the City contracted with The Corradino Group ("Corradino") to conduct and
complete a speed evaluation study relating to the potential implementation of SOS 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 "Rep ort") 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 4" Street to 180 feet south of 2° St re et (South
Pointe Elementary School)
2. School Zone 8- Dade Boulevard from west of Prairie Avenue to approximately 23" 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 10-41 st 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 Pi ne Tree Drive
(Hebrew Academy) (collectively, the "School Zones"); and
2
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 SOS 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
¢ k k
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:
ill 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.
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.
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
(3)
4
he ig htene d sa fe ty risk that w arra nts ad d itio na l enfo rcem e nt m e asures, as
de term ine d by the C ity C o m m issio n aft e r co nside ration of tra ffi c da ta and othe r
relevant evid e n c e .
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)
(5)
(0)
and/or any other relevant statute, and are vested with the authority to enforce
Violations.
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
(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 Fob@ruany24, 2024 April 3, 2024,
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 4" Street to 180 feet south of2" Street (South Pointe
Elementary School)
2. Dade Boulevard from west of Prairie_Avenue to approximately 23" 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. 41 st Street from east of Alton Road to west of Royal Palm Avenue (North Beach
Elementary School)
5. Meridian Avenue from 43"° Court to north of 41Street (Miami Beach Nautilus Middle
School)
6_ Pine Tree Driye from 23° 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
(1) W ithin thirt y (30) days after a V io lation, a notice of vio lation shall be sent by first
cl ass m ail to the registered ow ner of the m otor vehicl e involved in the V iolation. The notice of
violation m ust include:
a. The nam e and address of the vehicle ow ner;
b. a photograph, video , or other recorded im age show ing the license plate of
the m otor vehicle;
C. Th e m ake, m odel, an d year of th e yehicle;
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;
g. 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;
l. 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;
L
k.
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;
Instructions on all methods of payment of the penalty:
7
I. A sta te m e n t s p e c ify in g th e re m e d ie s a v a ila b le u n d e r S e c tio n 3 18 .14 ,
F lo r id a S t a t u t e s ;
m . A s t a t e m e n t th a t th e o w n e r m u s t p a y a pe n a lty in th e a m o u n t p ro v id e d
un d e r S e c tio n 3 18 .18 (3 )(d ), F lo rid a S ta tu te s , o r fu rn is h a n a ff id a v it th a t
c o m p ile s w it h S e c tio n 3 16 .18 9 6 (8 ), F lo rid a S ta tu te s . w ith in th irt y (3 0 ) d a y s
in o rd e r to a v o id co u rt fe e s . co s ts , a n d th e is s u a n c e o f a u n ifo rm tra ff ic
c ita tio n a g a in s t th e o w n e r; a n d
n. A signed statement by the Traffic Infraction Enforcement Officer that, based
on inspection of recorded photographs or video captured by the Speed
Dete ction 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
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 16211, 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 p a y m e n t h a s n o t b e e n m a d e w ith in 3 0 d a y s a fte r no tifi c a tio n p u rs u a n t to F la . S ta t. 3 16 .18 9 6 (2 )
a n d sub s e c tion (e )1(m ) her ei n; if th e re g is te re d o w n e r ha s no t re q u e s te d a he a rin g in
a c c o rd a n c e w ith F la . S ta t. 3 16 .18 9 6 (3 ) a n d s u b s e c tio n (e )(1 )(j) 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 2023-17 4, Laws of Florida, as such may be amended from time to time.
(D) Reporting. The City Manager, or the City Manager's designee, shall comply with the reporting
requirements of Chapter 2023-17 4, 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. SEVERA BILITY.
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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S E C T IO N 5 . E F F E C T IV E D A T E .
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 un der lin e denotes additions aft er First Reading.
Double strikethrough denotes deletions after First Reading.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION -- City Attorney
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