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Resolution 2025-33905 RESOLUTION NO. 2025-33905 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO CHAPTER 120, FLORIDA STATUTES, AS REFERENCED IN THE FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT) AUGUST 21, 2025 LETTER TO THE CITY, AND TO PURSUE ANY ASSOCIATED APPEALS, IN RESPONSE TO THE FDOT DIRECTIVE TO REMOVE THE CITY CROSSWALKS AT 12T" STREET AND OCEAN DRIVE. WHEREAS, on June 30, 2025, Will Watts, P.E., Chief Operating Officer and Assistant Secretary for the Florida Department of Transportation (FDOT or Department) issued Engineering and Operations Memorandum No. 25-01 to District Directors of Transportation Operations, District Directors of Transportation Development, District Design Engineers, District Construction Engineers, and District Traffic Operations Engineers, highlighting the Department's policy requiring that all traffic control devices, including pavement surface markings, comply with the FDOT Design Manual, the 2023 Florida Greenbook, and the Federal Manual on Uniform Traffic Control Devices (MUTCD); and WHEREAS, the memorandum suggests that pavement art including crosswalks on travel lanes, intersections, crosswalks, and sidewalks would be non-compliant, and warns that noncompliance may result in the withholding of state transportation funds; and WHEREAS, on August 21, 2025, FDOT issued a letter to the City of Miami Beach specifically ordering the removal of the "Pavement Surface at the intersection of Ocean Drive and 12 Street (three crosswalks)" by September 4, 2025, and stating that FDOT would remove the crosswalks at the City's expense if the City failed to comply; and WHEREAS, the City Commission previously authorized the installation of the crosswalks that complied with traffic safety guidelines through Resolution No. 2017-29698, adopted on January 11, 2017, following a competitive design process led by Savino & Miller Design Studio; and WHEREAS, the crosswalks have served as a proven public safety enhancement, improving pedestrian visibility and driver awareness at one of the City's most heavily trafficked intersections; and WHEREAS, according to official City crash data, the intersection at Ocean Drive and 12th Street has experienced only 15 crashes since the crosswalks were installed in 2018—fewer than nearby intersections at 10th Street (37 crashes) and 13th Street (23 crashes)—demonstrating that the crosswalks have not compromised safety and have contributed to improved outcomes; and WHEREAS, a major 2022 asphalt art safety study found that asphalt art installations— including crosswalk art—resulted in a 50% reduction in crashes involving pedestrians or vulnerable road users, a 37% reduction in injury crashes, and a 25% reduction in pedestrian- vehicle conflicts, affirming the safety benefits of such treatments; and WHEREAS, Miami Beach City Commissioners and community leaders have publicly affirmed the crosswalks' role in promoting pedestrian safety, visibility, and community cohesion, and have condemned FDOT's directive as unsupported by data and harmful to the City's values; and WHEREAS, the City of Miami Beach desires to preserve the crosswalks and challenge FDOT's directive. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize and direct the City Manager and the City Attorney to request an administrative hearing pursuant to Chapter 120, Florida Statutes, as referenced in the Florida Department Of Transportation's (FDOT)August 21, 2025 letter to the City, and to pursue any associated appeals, in response to the FDOT directive to remove the City crosswalks at 12th Street and Ocean Drive. PASSED AND ADOPTED this 3 day of ���J�M�6�✓ 2025. ATTEST: . ° � �. t teven Meiner, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO Co-Sponsored byCommissionerTanya K.Bhatt FORM & LANGUAGE -�� ��;��,' ��� & FOR EXECUTION =�,,i ....q � _\�....... C'�� � .�:� ,� ���ti'- e�Z���oai 0 -� : '- �.IKCOR° ORATED;� � City A ey � Date \ :c�; i/',,?J••., .h, .�7 �1� .���� �r,7^�aRat'�=�'' 'Y " ",..� 2 Resolutions - R7 AB MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: September 3, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO REQUEST AN ADMINISTRATIVE HEARING PURSUANT TO CHAPTER 120, FLORIDA STATUTES, AS REFERENCED IN THE FLORIDA DEPARTMENT OF TRANSPORTATION'S (FDOT) AUGUST 21, 2025 LETTER TO THE CITY, AND TO PURSUE ANY ASSOCIATED APPEALS, IN RESPONSE TO THE FDOT DIRECTIVE TO REMOVE THE CITY CROSSWALKS AT 12TH STREET AND OCEAN DRIVE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Resolution was prepared at the request of the sponsor, Commissioner Alex Fernandez. FISCAL IMPACT STATEMENT The legal expense of this measure is to be determined. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https:/lwww.miamibeachfl.qov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond pursuant to Citv Code Section 2-17? Proiect? No No Was this Aqenda Item initiallv requested bv a lobbvist which, as defined in Code Sec. 2-481, includes a principal enqaqed in lobbvinq? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s1 Condensed Title Pursue Administrative Hearing and Related Appeals to Preserve Crosswalks. (Fernandez) CA Previous Action (For Citv Clerk Use Onlvl