Ord No 24-15-2231ORDINANCE NO.24-15-2231
An Ordinance amending Chapter 17,Article IV of the City Code entitled
"Dangerous Intersection Safety";providing foruse of the traffic infraction
detectors to promote compliance with red light signal directives consistent
with general law of the State of Florida,
WHEREAS,in 2010,theFloridaLegislaturepassed CS/CS/HB325 authorizinga
municipalitytousetrafficinfractiondetectorstoenforcecertainprovisions of Chapter316,
Florida Statutes;and
WHEREAS,the Governor of theState of Florida signed CS/CS/HB325 into law onMay
13,2010,resulting inthe creation of Chapter 2010-80,Laws of Florida,known asthe "Mark
Wandall TrafficSafety Act";and
WHEREAS,the Mark Wandall Traffic SafetyActwas subsequently amended including
by CS/CS/HB 7125 adopted duringthe2013 Legislative Session,signedintolawbythe
Governor onJune12,2013,and resulting in Chapter 2013-160,Laws of Florida,taking effecton
July1,2013(as used herein theterm "Act"meansthe Mark Wandall Traffic Safety Actas
amended);and
WHEREAS,the running of redlights continues tobea safety hazard affecting every
citizen and traveler intheCity of South Miami;and
WHEREAS,theCity wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement theAct;and
WHEREAS,the Mayor andCity Commission find that portions of Chapter 17,Article
IV of theCityCodeentitled "Dangerous Intersection Safety"enacted pursuant totheCity'shome
rule authority but which have notbeen implemented bytheCity,have been preempted bythe
Statebyits enactment of theAct;and
WHEREAS,theMayorandCity Commission desireto amend Chapter 17,ArticleIV of
theCityCodesoasto conform withand implement theAct.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Recitals Adopted.Theforegoing "WHEREAS"clausesarehereby
ratifiedandconfirmedasbeingtrueandcorrectandareherebymadeaspecificpart of this
Ordinance upon adoption hereof.
Section 2.Dangerous Intersection Safety.Chapter 17,ArticleIV,Dangerous
IntersectionSafety,of theCity of SouthMiami'sCode of Ordinancesisherebyamendedtoread
as follows:
Page 1 of9
Ord.No.24-15-2231
Sec.17-71.-Intent.
Thepurpose of thisAarticleistoauthorizetheuse of TrafficInfractionDetectors
anautomated cameras/monitoring systemtopromote compliance withredlight signal
directivesasproscribedbythisarticle,andtoadoptacivilenforcementsystemforred
lightsignal violationsT,inaccordancewithChapter 2010-80,Laws of Florida,as
amended,including as amended byChapter 2013-160,Laws of Florida (the "Mark
Wandall Traffic Safety Act'9 or the "Act").The use of Traffic Infraction Detectors is just
onemeans of enforcing Thisarticlewillalso supplement law enforcement personnel in
the enforcement of redlightsignalviolationsandshallnot prohibit law enforcement
officersfrom issuing a citation foraredlightsignal violation in accordance withother
routinestatutory traffic enforcement techniques authorized bylaw.ThisArticleis
intended to comply withtheAct,including any amendments thereto,andthis Article
shallbereadin pari materia with theActastheActmaybe amended from time totime.
Sec.17-72.-Use of Traffic Infraction Detectorsimagc capture technologies.
The Ceity shall utilize Traffic Infraction Detectors pursuant tothe Mark Wandall
SafetyActasa image capture technologies asa supplemental means of monitoring
compliance with laws related to traffic control signals,while assisting law enforcement
personnel inthe enforcement of such laws,which are designed to protect and improve
pubhc health,safetyandwelfare.ThisArticle seetien shallnot supersede,infringe,curtail
or impinge upon stateor county laws related tored light signal violations or conflict with
suchlaws.Nothing herein shallconflictwiththe primary jurisdiction of Miami-Dade
County toinstalland maintain traffic signal devices.This Article shallserveto enable the
Cityto provide enhanced enforcement with respect to authorized traffic signal devices
pursuant to Chapter 316 and including Sections 316.008,316.0083,316.074(1)and
316.075(1 )(c)l,Florida Statutes.Thisarticleshallserveto enable thecitytoprovide
enhanced enforcement andrespectforauthorizedtrafficsignaldevices.Thecitymay
utilizeimagecapturetechnologiesasanancillarydeterrenttotrafficcontrolsignal
violations andtotherebyreduceaccidentsandinjuries associated with suchviolations.
Notices of infractionsissuedpursuanttothisarticleshallbeaddressedusingthecity's
special master pursuant tosubsection225(f)of theCityCode of Ordinances andnot
through uniform traffic citations orcountycourts.Thisshallnotbartheuse of uniform
trafficcitationsandthecountycourtswhencitypolicepersonneldecidenottorelyon
thisarticleastheenforcementmechanismforaspecificviolation.
Sec.17-73.-Definitions.
Unlessspecificallydefinedherein,termsusedinthisordinanceshallbedefinedpursuant
to the definitions in Section 316.003,Florida Statutes,or as otherwise defined in the
FloridaStatutesforpurposes of the Act.The followingdefinitionsshallapplytothis
article:
Ord.No.24-15-2231
Intersection.Thearea embraced withinthe prolongation or connection of thelateralcurb
line;or,if none,thenthelateral boundary lines,of theroadways of two(2)roadswhich join or
intersectoneanotherat,orapproximatelyat,rightangles;ortheareawithinwhichvehicles
travelingupondifferentroads joining atanyotheranglemaycomeinconflict.
Motor vehicle.Any self propelled vehiclenot operated uponrailsorguideway,butnot
includingany bicycle or electric personal assisted mobility device.
Owner/vehicleowner.The person orentity identified bythe Florida Department of Motor
Vehicles,or other state vehicleregistration office,asthe registered owner of a vehicle.Such term
shallalsomeana lessee of a motor vehicle pursuant toalease of six(6)months ormore.
Recordedimages.Images recorded bya traffic controlsignal monitoring system/device:
(a)Two (2)or more photographs:
(b)Two (2)or more electronic images;
(c)Two (2)or more digital images;
(d)Digital or video movies;or
(e)Any other medium that can display a violation;and
(2)Showing the rear of a motor vehicle andonatleastone image,clearly identifying the
license plate number of the vehicle.
Redzone infraction.A trafficoffensewherebyatrafficcontrolsignal monitoring system
establishedthatavehicleenteredanintersectioncontrolledbyadulyerectedtrafficcontrol
deviceatatimewhenthetrafficcontrolsignalforsuchvehicle'sdirection of travelwasemitting
a steady red signal.
Special master.Thecity'scode enforcement specialmaster,asdescribedin section 2 24 of
the City Code of Ordinances.
Traffic control infraction review officer.Thecitypolicedepartmentemployeedesignated,
pursuanttosection 17 77herein,toreviewrecordedimagesandissueredzoneinfractionsbased
uponthose images.
Traffic control signal.Adeviceexhibitingdifferentcoloredlightsorcoloredlightedarrows,
successivelyoneatatimeorincombination,usingonlythecolorsgreen,yellow,andredwhich
indicateandapplytodrivers of motorvehiclesasprovidedinF.S.§316.075.
Traffic control signal monitoring systemfdevice.An electronic system consisting ofoneor
morevehiclesensors,workinginconjunctionwithatrafficcontrolsignal,stillcameraandvideo
recording device,to capture andproduce recorded images ofmotor vehicles entering an
intersectionagainstasteadyredlightsignalindication.
Sec.17-74.-Adherence tored light traffic control signals.
3
Ord.No.24-15-2231
Pursuanttogenerallaw,mMotor vehicletrafficfacingatrafficcontrolsignal'ssteadyredlight
indicationshallstopataclearlymarkedstoplineorifnone,thenbeforeenteringthecrosswalk
onthenearside of an intersection or,if none,then before entering the intersection andshall
remainstandinguntilagreenindicationisshownonthe traffic controlsignal;however,the
driver of avehiclewhichisstoppedataclearlymarkedstopline,but if none,beforeenteringthe
crosswalk onthe near side of the intersection or,if none,thenatthe point nearest the intersecting
roadwaywherethedriverhasaview of approaching trafficontheintersectingroadwaybefore
enteringtheintersectioninobedienceofasteadyredtrafficcontrolsignal,maymakearightturn
(unlesssuchturnisotherwiseprohibitedbypostedsignorothertrafficcontrol device^butshall
nevertheless yieldthe right-of-way to pedestrians andothertraffic proceeding asdirectedbythe
trafficcontrolsignalatthe intersection.Anotice of violation anda uniform traffic citation may
notbeissuedunderthis Article whenadriver,whoisnot prohibited from making arightturn
while facing a traffic control signal's steady red light indication,does come toa complete stop
anywhere at j^jlfe^tlll^l^aa before turning right atthered light or otherwise makes the turn
inacarefuland prudent manner.Nothing contained inthis Section shall prohibit theissuance of
a ticket or citation when a driver,who is making an otherwise lawful right turn on red,fails to
yieldthe right-of-way to pedestrians and/ortoothertraffic proceeding as directed bythetraffic
control signal at the intersection.
Sec,17-75.-Violation.
A violation of this Aarticle,known as a red zone infraction,shall occur when a motor vehicle
doesnot comply with the requirements of Sseetion -1^7-74 316.074(1)or 316.075(1 )(c)l,Florida
Statutes.Violations shall be enforced pursuant to Section316.0083,Florida Statutes,and this
Articel section 17 77.
Sec.17-76.Ninety day notice;introductory period -Implementation of General Law
Thepolice chief shallnotifythecitymanagerwhentheredlightcamerasystemisoperating
correctlyattheinitiallocationestablished.Fortheninety(90)daysfollowingsaidnotification,
unlessthedriver of a vehicle receiveda citation fromapolice officer atthetime of aredzone
infractioninaccordancewithroutinetrafficenforcementtechniques,thevehicle owner shall
receiveawarningintheformofacourtesynoticeoftheviolation.Commencingninetyone(91)
daysaftertheabovereferencednotification,thevehicleownerissubjecttotheenforcement
provisionsasprovidedhereinandnowarningshallbegivenpursuanttothisarticle.
In accordance with the Mark Wandall Traffic Safety Act,the City authorizes the
implementation of theprovisionsandrequirements of theActincludingtheissuance of notices
ofviolationsanduniformtrafficcitationsbytrafficinfractionenforcementofficersasprovided
in Section 316.0083,Florida Statutes.As authorized by Section 316.003(91),Florida Statutes,
theCityshallbyresolutionappointamember of City staff asclerktothelocalhearingofficer
andthe City's code enforcement SpecialMastershallhavetheexofficioduties of andserveand
beknownasthe City's LlocalHearingOfficerauthorizedtoconducthearingsrelatedtoanotice
ofviolationissuedpursuanttoSection 316.0083,Florida Statutes.All proceedings beforethe
Ord.No.24-15-2231
City's SpeicalMaster,actingasthe City*s LocalHearingOfficershallbeconductedin
accordance with the Act and this Article.
Sec.17-77.-Review of recorded images.Consistency with State Law.
(a)The owner of the vehicle which is observed by recorded imagescommitting aredzone
infraction shallbeissuedanotice of violation (hereinafter also known asa"notice").The
recorded imageshallbe sufficient groundstoissueanotice.
(b)Thecity's chief of policeshalldesignateatrafficcontrol infraction reviewofficer,who
shallbeapolice officer of thecityorwhoshallmeetthe qualifications setforthinF.S.§
316.610(5)(A),oranyother relevant statute.Thetrafficcontrol infraction review officer
shall review recorded images priortotheissuance of anoticetoensuretheaccuracyand
integrity of the recorded images.Oncethetrafficcontrol infraction review officer has
verified the accuracy of the recorded images,he orsheshall complete a report,anda
notice shall be sent to the vehicle owner at the address on record with the Florida
Department of Highway SafetyandMotor Vehicles orthe address onrecordwiththe
appropriate agency having such information in another state.
(a)This Article shallbe interpreted and applied so that itis consistent withstatelaw,
including but not limited to,the Mark Wandall Traffic Safety Act.
(b)Any amendment toany applicable statelawshall automatically apply tothe
enforcement and application of this Article,whether ornotthis Article orany provision
hereof has been amended to specifically address such amendment tostatelaw.Without
limitation,any future amendment regarding the amount of the civil penalty orthe
apportionment of the proceeds thereof shallbe deemed applied inthe enforcement of this
Article,even prior toa specific amendment tothis Article to make this Article consistent
withsuchchangeinstatelawwithrespecttotheamount of thepenaltyorthe
apportionment of the proceeds thereof.
Sec.17-78.Notice of violation.Administrative Costs.
Thenoticeshallbeinthe form asprovidedforin[subsection]225(2)of theCityCode of
Ordinances but shall also include:
(A)The name and address of the vehicle owner;
(B)The license plate number and registration number of the vehicle;
(C)The make,model,and year of the vehicle;
(D)Noticethattheinfractionchargedispursuanttothisarticle;
(E)The location of the intersection where theinfraction occurred;
(F)Noticethattherearerecordedimagesrelatingtothe vehicle andastatementthat
the recorded images are evidence of ared zone infraction;
Ord.No.24-15-2231
(G)Images depicting the infraction;
(H)Asignedstatementbyacodeenforcementofficerthatbasedoninspection of
recordedimages,thevehiclewasinvolvedinandwasutilizedtocommitaredzone
infraction.
A fee,pursuant toF.S.§316.0083(5)(e),shallbe imposed intheamountofthecost ofadministration,
which may be modified by the City's Schedule ofFees and Fines.Such fee shall be assessed to reimburse
theCityforits expenses in providing thelocal hearing,in accordance withtheMark Wandall Traffic
Safety Act which fee shall not exceed $250 unless otherwise allowed by the Act asit may be amended.
Sec.1779.Vehicle owner responsibilities.
(a)A vehicle owner receiving a notice may:
(1)Paythe assessed civil penalty pursuant to instructions onthenotice;or
(2)Appear before the special magistrate to contest thenotice.
(b)Thefailureto pay the assessed civil penalty and failure to appear before the special
master to contest the notice willbe considered an admission of liability and in such case
an order may be entered against the violator foran amount uptothe maximum civil
penalty,plus any administrative costs.
Sec.17 80.—Hearing before the special master.
(a)Thecity'scode enforcement special master are authorized tohold hearings related tothe
enforcement of this article.A hearing shallbe scheduled forall notices for which the
vehicle owner timely requests an administrative hearing.
(b)Upon receipt of the named violator's timely requestforan administrative hearing,the
cityshallschedulea hearing beforethespecialmaster pursuant to[section]225 of the
City of SouthMiamiCode.Notice of hearingshallbeprovidedtothevehicle owner
pursuanttothenotice provisions containedinsection225 of theCity of SouthMiami
Code of Ordinance.
(c)Thehearingshallbeheldpursuanttotheproceduressetforthin[section]225 of the
SouthMiamiCode.Thecodeenforcementofficermaytestifyatthehearing.Thevehicle
owner may present testimony and evidence.
(d)Recordedimagesindicatingaredzoneinfraction,verifiedbythecodeenforcement
officer,areadmissibleinanyproceedingbeforethecity'sspecialmagistratetoenforce
the provisions of thisarticle,andshallconstitute prima facieevidence of theviolation.
(e)Unlessanaffidavitisprovidedpursuanttosection 17 81,itispresumedthattheperson
registeredasthevehicleownerwiththeFloridaDepartment of MotorVehiclesorany
otherstatevehicleregistrationoffice,oranindividualhavingtheowner'sconsent,was
operating the vehicle at the time of a red zone infraction.
Ord.No.24-15-2231
Sec.1781.Vehicle owner affidavit of non responsibility.
(a)Inorderforthevehicleownertoestablishthatthemotorvehiclewas,atthetimeof
theredzone infraction,either:(1)inthecare,custody,or control of another person
withouttheconsent of theregisteredowneror(2)was subject toashort tenn (lessthan
six(6)months)carrentalagreemententeredintobetweenacarrentalagency,whichis
licensedasrequiredbyapplicablelawandisauthorizedtoconductbusinessintheState
of Florida,andthe operator of thevehicle,thevehicle owner isrequired,withintwenty
(20)daysfromthedatelistedonthenotice,tofurnishtothecity,anaffidavitsettingforth
the circumstances demonstrating,either:(1)thatthe motor vehicle wasnotinthevehicle
owner's care,custody,orcontrol,andwasnotinthecare,custodyorcontrol of another
person writh the vehicle owner's consentor(2)thatthe motor vehicle wras subjecttoa
short term (less than six(6)months)rental agreement between the car rental agency
receiving the notice andthe vehicle operator and provide atrueand correct copy of the
shorttermcar rental agreement,as applicable.The affidavit mustbe executed inthe
presence of a notary,and include:
(1)If known tothe vehicle owner,thename,address,andthe driver's license number of
the person whohadcare,custody,orcontrol of the motor vehicle,without the
vehicle owner's consent,atthe time of the alleged red zone infraction;or
(2)The name,address and drivers license number of the person who rented the motor
vehicle from thecar rental agency which has received the notice,atthe time of the
alleged red zone infraction;or
(3)If the vehicle wras stolen,the police report indicating the vehicle was stolen atthe
time of the alleged redzone infraction;and
(1)The following language immediately abovethe signature line:"Under penalties of
perjury,I declare that I have readthe foregoing affidavit and that thefacts stated in
it are true."
(5)Upon timely receipt of a sufficient affidavit pursuant tothis section,any
prosecution of the notice issued tothe vehicle owner shallbe terminated.
Proceedings maybe commenced bythecityagainstthe responsible person identified
intheaffidavit,andinsuchevent,theresponsiblepersonshallbesubjecttothe
same process and procedures whichare applicable to vehicle owners.
Sec.17 82.—Administrative charges.
Inadditiontothepenaltypursuanttosection 17 85herein,administrativechargesmaybe
assessedpursuanttosection225 of theSouthMiamiCodeintheevent of ahearingand/orthe
necessity to institute collection procedures arises.
Sec.17 83.—Collection of fines.
Ord.No.24-15-2231
Collection of finesshallbe accomplished pursuant to section 225 of the South Miami Code.
Sec.17 84.—Exceptions.
Thisarticleshall not apply toredzone infractions involving vehicle collisions ortoany
authorized emergency vehicle responding toabonafide emergency;norshallanoticebeissued
inanycase where the operator of the vehicle wasissueda citation for violating thestate statute
regarding the failure to stop atared light indication forthe same event or incident.
Sec.1785.Penalty.
A violation of this article shall be deemed anon criminal,non moving violation for which acivil
penalty,as proscribed in this article,shallbe assessed.As the violation relates to this article and
nottothe Florida Statutes,no points as otherwise provided inF.S.§322.27,shall be recorded on
the driving record of the vehicle owner or responsible party.
Sec.17 86.—Enforcement.
This article may be enforced byany other means available tothecity.
Sec.1787.Signage.
Thecityshall,tothe extent practicable,atthe primary motor vehicle entry points tothecity,
causetobe erected and maintained signs,which substantially meetthe design specifications
indicatedin Exhibit "A",providing notice of thisarticle.Failure toerect,maintain orcreatethese
signsshallnot invalidate or impair any enforcement of this article.
Section 3.Codification.The provisions of this ordinance shall become andbe
made part of the Code of Ordinances of theCity of South Miami as amended;that the section of
thisordinancemaybe renumbered or re-lettered to accomplish such intention;andthattheword
"ordinance"maybe changed to "section"orother appropriate word.
Section 4.Severability.If anysection,clause,sentence,or phrase of this ordinance
isforanyreasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,this
holdingshallnot affect the remaining portions of this ordinance.
Section 5.Ordinances in Conflict.All ordinances orparts of ordinances andall
sectionsorparts of sections of ordinancesindirectconflictherewithareherebyrepealed.
However,itisnottheintent of thissectiontorepealentireordinances,orparts of ordinances,
thatgivethe appearance of beingin conflict whentwo ordinances canbe harmonized orwhen
onlyaportion of theordinanceinconflictneedstoberepealedtoharmonizetheordinances.If
theordinanceinconflictcanbeharmonizedbyamendingitsterms,itisherebyamendedto
harmonizethetwoordinances.Therefore,onlythatportionthatneedstoberepealedto
harmonize thetwo ordinances shallberepealed.
8
Ord.No.24-15-2231
Section 6.Effective Date.This ordinance shall become effective upon enactment.
-thPASSEDANDENACTEDthis£!_day of October,2015.
ATTEST:APPROVED:
CITY-CLERK
1st Reading:9-15-15
2nd Reading:10-06-15
READ AND
FORM,L
PROVED AS TO COMMISSION VOTE:5-0
Mayor Stoddard:yea
Vice Mayor Harris:Yea
Commissioner Edmond:yea
Commissioner Liebman:Yea
Commissioner Welsh:yea
316.0083 Mark Wandall Traffic Safety Program;administration;report—
(l)(a)For purposes of administering this section,the department,a county,ora ^*
municipality may authorize a traffic infraction enforcement officer under s.316.640 to issue V
a traffic citation fora violation of s.316.074(1)ors.316.075(l)(c)l.A notice of violation
and a traffic citation may not be issued for failure to stop at a red light if the driver is
making a right-hand turn ina careful and prudent manner at an intersection where right-
hand turns are permissible.A notice of violation and a traffic citation may not be issued
under this section if the driver of the vehicle came to a complete stop after crossing the stop
lineandbefore turning rightif permissible ataredlight,butfailedtostop before crossing
over the stop line or other point at which a stop is required.This paragraph does not
prohibit a review of information from a traffic infraction detector by an authorized employee
or agent of the department,a county,ora municipality before issuance of the traffic citation .
by the traffic infraction enforcement officer.This paragraph does not prohibit the
department,a county,ora municipality from issuing notification as provided in paragraph
(b)to the registered owner of the motor vehicle involved in the violation ofs.316.074(1)or
s.316.075(l)(c)l.
(b)l.a.Within 30 days after a violation,notification must be sent to the registered owner
of the motor vehicle involved in the violation specifying the remedies available under s.
318,14 and that the violator must pay the penalty of $158 to the department,county,or
municipality,or furnish an affidavit in accordance with paragraph (d),or request a hearing
within 60 days following the date of the notification in order to avoid the issuance of a traffic
citation.The notification must be sent by first-class mail.The mailing of the notice of
violation constitutes notification.
b.Included with the notification to the registered owner of the motor vehicle involved in
the infraction must be a notice that the owner has the right to review the photographic or
electronic images or the streaming video evidence that constitutes a rebuttable presumption
against the owner of the vehicle.The notice must state the time andplaceor Internet •—\
location where the evidence may be examined and observed.^J
c.Notwithstanding any other provision oflaw,a person who receives a notice of violation
under this section may request a hearing within60 days following the notification of
violationorpay the penalty pursuant tothenoticeofviolation,buta payment orfeemay
not be required before the hearing requested by the person.The notice of violation must be
accompanied by,or direct the person to a website that provides,information on the
person's right to request a hearing and onall court costs related thereto and a form to
request a hearing.As used inthis sub-subparagraph,the term "person"includes anatural
person,registered owner or coowner of a motor vehicle,or person identified onan affidavit
as having care,custody,or control of the motor vehicle at the time of the violation.
d.If the registered owner or coowner ofthe motor vehicle,or the person designated as
having care,custody,orcontrol of the motor vehicle at the time of the violation,or an
authorized representative of the owner,coowner,or designated person,initiatesa
proceeding tochallengethe violation pursuant tothis paragraph,such person waivesany
challenge or dispute as to the delivery of the notice of violation.
2.Penalties assessed andcollectedbythe department,county,ormunicipalityauthorized
to collect the funds provided for inthis paragraph,lesstheamount retained bythecounty
or municipality pursuant to subparagraph 3.,shallbepaidto the Department of Revenue
weekly.Paymentby the department,county,or municipality tothestateshallbemadeby •
means ofelectronicfundstransfers.In addition tothepayment,summarydetailofthe
penalties remitted shall be reported tothe Department of Revenue.j
3.Penalties to be assessed and collected by the department,county,or municipality are as |
follows:|
a.One hundred fifty-eight dollars for a violation ofs.316.074(1)ors.316.075(l)(c)l.j
whenadriver failed tostopatatraffic signal if enforcement isbythe department's traffic
infraction enforcement officer.One hundred dollars shall be remitted to the Department of '\)
o
)
Revenue for deposit into the General Revenue Fund,$10 shall be remitted to the
Department of Revenue for deposit into the Department ofHealth Emergency Medical
Services Trust Fund,$3shall be remitted to the Department of Revenue for deposit into the
BrainandSpinalCordInjury Trust Fund,and$45shallbe distributed to the municipality in
which the violation occurred,or,if the violation occurred inan unincorporated area,to the
county inwhich the violation occurred.Funds deposited into the Department ofHealth
Emergency Medical Services Trust Fund under this sub-subparagraph shallbe distributed as
providedins.395.4036(1).Proceedsoftheinfractionsin the Brain andSpinal Cord Injury
Trust Fundshall be distributed quarterly to the MiamiProjecttoCureParalysisand used for
brain and spinal cord research.
b.One hundred fifty-eight dollarsfora violation of s.316.074(1)ors.316.075(l)(c)l.
when adriverfailedto stop ata traffic signalif enforcement isbya county or municipal
traffic infraction enforcement officer.Seventy dollarsshall be remitted by the county or
municipality to the Department of Revenue for deposit into the General Revenue Fund,$10
shallbe remitted to the Department of Revenue for deposit into the Department ofHealth
Emergency Medical Services Trust Fund,$3 shall be remitted to the Department of Revenue
for deposit into the Brainand Spinal Cord Injury Trust Fund,and $75 shallbe retained by
the county or municipality enforcing the ordinance enacted pursuant to this section.Funds
deposited into the Department of Health Emergency Medical Services Trust Fund under this
sub-subparagraph shall be distributed as provided in s.395.4036(1).Proceeds of the
infractions in the Brain and Spinal Cord Injury Trust Fund shall be distributed quarterly to
the Miami Project to Cure Paralysis and used for brain and spinal cord research.
4.An individual may not receive a commission from any revenue collected from violations
detected through the use of a traffic infraction detector.A manufacturer or vendor may not
receive a fee or remuneration based upon the number of violations detected through the
use of a traffic infraction detector.
(c)l.a.A traffic citation issued under this section shallbe issued by mailing the traffic
citation by certified mail to the address of the registered owner of the motor vehicle
involved in the violation if payment has not been made within 60 days after notification
under paragraph (b),if the registered owner has not requested a hearing as authorized
under paragraph (b),orif the registered owner has not submitted an affidavit under this
section.
b.Delivery of the traffic citation constitutes notification under this paragraph.If the
registered owner or coowner of the motor vehicle,or the person designated as having care,
custody,or control of the motor vehicle at the time of the violation,ora duly authorized
representative of the owner,coowner,or designated person,initiates a proceeding to
challenge the citation pursuant to this section,such person waives any challenge or dispute
as to the delivery of the traffic citation.
c.In the case of joint ownership of a motor vehicle,the traffic citation shall be mailed to
the first name appearing on the registration,unless the first name appearing on the
registration isa business organization,in which case the second name appearing on the
registration may be used.
2.Included with the notification to the registered owner of the motor vehicle involved in
the infraction shall be a notice that the owner has the right to review,in person or remotely,
the photographic or electronic images or the streaming video evidence that constitutes a
rebuttable presumption against the owner of the vehicle.The notice must state the time and
placeor Internet location where the evidence may be examined and observed.
(d)l.The owner of the motor vehicle involved in the violation is responsible andliablefor
paying the uniform traffic citation Issued fora violation of s.316.074(1)ors.
316.075(l)(c)l.when the driver failed to stop at a traffic signal,unless the owner can
establish that:
a.The motor vehicle passed through the intersection in order to yield right-of-way to an
emergency vehicle or as part of a funeral procession;
b.The motor vehicle passed through the Intersection at the direction of alaw enforcement
officer;
c.The motor vehicle was,at the time of the violation,in the care,custody,or control of
another person;
d.A uniform traffic citation was issued byalaw enforcement officer to the driver of the
motor vehicle for the alleged violation of s.316.074(1)ors.316.075(l)(c)l.;or
e.The motor vehicle's owner was deceased on or before the date that the uniform traffic
citation was issued,as established by an affidavit submitted by the representative of the
motor vehicle owner's estate or other designated person or family member.
2.In order to establish such facts,the owner of the motor vehicle shall,within 30 days
after the date of issuance of the traffic citation,furnish to the appropriate governmental
entity an affidavit setting forth detailed information supporting an exemption as provided in
this paragraph.
a.An affidavit supporting an exemption under sub-subparagraph I.e.must include the
name,address,date of birth,and,if known,the driver license number of the person who
leased,rented,or otherwise had care,custody,or control of the motor vehicle at the time of
the alleged violation.If the vehicle was stolen at the time of the alleged offense,the
affidavit must include the police report indicating that the vehicle was stolen.
b.Ifa traffic citation fora violation of s.316.074(1)ors.316.075(l)(c)l.was issued at
the location of the violation by a law enforcement officer,the affidavit must include the
serial number of the uniform traffic citation.
c.If the motor vehicle's owner to whom a traffic citation has been issued is deceased,the
affidavit must include a certified copy of the owner's death certificate showing that the date
of death occurred on or before the issuance of the uniform traffic citation and one of the
following:
(I)Abill of sale or other document showing that the deceased owner's motor vehicle was
soldor transferred after hisor her death,but on or before the date of the alleged violation.
(II)Documentary proof that the registered license plate belonging to the deceased owner's
vehicle was returned to the department or any branch office or authorized agent of the
department,but onor before the date of the alleged,violation.
(III)Acopy of apolicereport showing that the deceased owner's registeredlicenseplate
or motor vehiclewasstolen after the owner's death,butonor before the date of the alleged
violation.
Upon receiptof the affidavit anddocumentationrequiredunderthis sub-subparagraph,the
governmental entity must dismiss the citationand provide proofofsuch dismissal tothe person that
submitted the affidavit.
3.Upon receipt of an affidavit,the person designated as having care,custody,orcontrolof
the motor vehicleat the time of the violation may beissuedanoticeofviolationpursuantto
paragraph(b)foraviolationof s.316.074(1)ors.316.075(l)(c)l.when the driverfailed
to stop atatrafficsignal.The affidavit is admissible ina proceeding pursuant tothis section
for the purpose of providing proof that the person identified in the affidavit was inactual
care,custody,or control of the motor vehicle.The owner of a leased vehicle for which a
trafficcitationis issued foraviolationofs.316.074(1)ors.316.075(l)(c)l.when the
driver failed to stop atatrafficsignalisnotresponsibleforpayingthetrafficcitationandis
not required to submit an affidavit as specified in this subsection if the motor vehicle
involved in the violation is registered in the name of the lessee of such motor vehicle.
4.Paragraphs (b)and(c)applytothepersonidentifiedon the affidavit,except that the
notification under sub-subparagraph (b)l.a.must be sent to the personidentifiedon the
affidavit within 30 days after receipt of an affidavit.
5.Thesubmissionofafalseaffidavitisa misdemeanor of the seconddegree,punishable \
as provided in s.775.082 or s.775.083.v )
o
)
(e)Thephotographicor electronic images or streaming videoattachedtoor referenced in
thetrafficcitationis evidence that aviolationofs.316.074(1)ors.316.075(l)(c)l.when
thedriver failed tostopatatrafficsignalhas occurred andisadmissibleinanyproceeding
to enforce this section and raises a rebuttable presumption that the motor vehicle named in
the report or shown in the photographic or electronic images or streaming video evidence
wasusedinviolationofs.316.074(1)ors.316.075(l)(c)l.when the driver failed to stop
at a traffic signal.
(2)Anotice of violationandatrafficcitation may notbeissuedforfailureto stop at ared
lightif the driveris making a right-hand turn in acarefuland prudent manner atan
intersection where right-hand turns are permissible.-
(3)Thissection supplements the enforcement ofs.316.074(1)or s.316.075(l)(c)l.by
law enforcement officers when adriverfailstostopatatrafficsignalanddoesnot prohibit a
law enforcement officerfromissuingatrafficcitationforaviolationofs.316.074(1)ors.
316.075(l)(c)l.when a driver failsto stop atatraffic signal in accordance with normal
traffic enforcement techniques.
(4)(a)Each county or municipality that operates a traffic infraction detector shall submit a
report by October 1,2012,and annually thereafter,to the department which details the
results of using the traffic infraction detector and.the procedures for enforcement for the
preceding state fiscalyear.The information submitted by the counties and municipalities
must include statistical data and information required by the department to complete the
report required under paragraph (b).
(b)Onor before December 31,2012,and annually thereafter,the department shall
provide a summary report to the Governor,the President of the Senate,and the Speaker of
the House of Representatives regarding the use and operation of traffic infraction detectors
under this section,along with the department's recommendations and any necessary
legislation.The summary report must include a review of the information submitted to the
department by the counties and municipalities and must describe the enhancement of the
traffic safety and enforcement programs.
(5)Procedures fora hearing under this section are as follows:
(a)The department shall publish and make available electronically to each county and
municipality a model Request forHearingform to assist each local government
administering this section.
(b)The charter county,noncharter colinty,or municipality electing to authorize traffic
infraction enforcement officers to issue traffic citations under paragraph (l)(a)shall
designate by resolution existing staff to serve as the clerk to the local hearing officer.
(c)Any person,herein referred to as the *petitioner,"who elects to request a hearing
under paragraph (l)(b)shall be scheduled fora hearing by the clerk to the local hearing
officer to appear before alocal hearing officer with notice to be sent by first-class mail.
Upon receipt of the notice,the petitioner may reschedule the hearing once by submitting a
written request to reschedule to the clerk to the local hearing officer,at least 5 calendar
•days before the day of the originally scheduled hearing,The petitioner may cancel hisor her
appearance before the local hearing officer by paying the penalty assessed under paragraph
(l)(b),plus $50 in administrative costs,before the start of the hearing.
(d)All testimony at the hearing shallbe under oath and shallbe recorded.The local
hearing officer shall take testimony froma traffic infraction enforcement officer and the
petitioner,and may take testimony from others.The local hearing officer shall review the
photographic or electronic images or the streaming video made available under sub-
subparagraph(l)(b)l.b.Formalrulesof evidence donotapply,butdueprocessshallbe
observed and govern the proceedings.
(e)At the conclusion of the hearing,the localhearing officer shall determine whether a
violation under this section has occurred,in which case the hearing officer shall uphold or
dismiss the violation.The local hearing officer shall issue afinal administrative order
IJ including the determination and,if the notice ofviolationisupheld,require the petitioner to
paythepenalty previously assessed underparagraph (l)(b),andmayalsorequire the
petitionertopay county ormunicipalcosts,nottoexceed$250.The final administrative
order shall be mailed to the petitioner by first-class mail.
(f)Anaggrievedpartymayappeala final administrativeorder consistent withtheprocess
provided under s.162.11.
History.-s.5,ch.2010-80;s.98,ch.2012-174;ss.3,74,ch.2012-181;s.43,ch,2013-
15;s.5,ch.2013-160.
316.00831 Distribution of penalties collected under s.316.0083(l)(b),—The Department
of Highway Safety and Motor Vehicles or any county or municipality authorized to issue a
notification and impose a penalty under.s.316.0083(l)(b)that collects any such penalty
after the effective date of this act,but prior to notification by the Department of Revenue of
its ability to receive and distribute the penalties collected,must retain the portion of the
penalty required to be remitted to the Department of Revenue until the Department of
Highway Safety andMotor Vehicles,county,or municipality Is notified by the Department of
o
36se|jsews NEIGHBORS
Public Notice
The Public is advised thatthe SouthA Municipal AdvisoryCommittee (MAC)will be holding a meeting
on Tuesday,September 29,2015 at 6:30 P.M.at Deerwbpd Bonita Lakes Park,14445 SW 122nd
Avenue,Miami,33186.
The MAC will be evaluating the potential incorporation ofthearea into aseparate municipality;it will also
be meeting with stafftodiscussthe County's concerns regarding anyadverseimpacttothe remaining
unincorporated municipal service areaor other regional municipal-type services that could occur dueto
anysuch incorporation.
The MAC areaIs generally boundedas follows:
NORTHERNMOSTBOUNDARY:
SW 120th Street
SOUTHERNMOSTBOUNDARY:
SW 232nd Street
EASTERNMOSTBOUNDARY:
US1
WESTERN MOSTBOUNDARY:
SW 157th Avenue
(BoundariesonlyIncludeareas wftttfn
CountyCommissionDistrict9forstudyarea)
Thepublic is invited toshareitsthoughtson incorporation,the proposed boundaries,servicesitwishesto
see enhanced andany additional Information thatmayassistthe MAC inits deliberations.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEIS HEREBY given thattheCityCommission of(heCilyofSouthMiami,Florida willconduct Public Hearing(s)at
its regularCityCommission meeting scheduled foeTuesday,October6.2015 bcgiiroitig «7:00p.m.,intheCityCommission
Chambers,6130 SunsetDrive,to considerthefollowinghem(s):
A Resolution approving an application fora variance fora new-development locatedat 6201 SunsetDrive.
A Resolution forspecialuse approval topermittwo(2)generalrestaurants at 5840SW71 Street.
A Resolution approving a special exception waiving strictcompliance withtheprovisions ofthehometown district
overlay parking requirements,tolocatetwo(2)general restaurants at5840SW71 Street.
A Resolution approving a special exception to construct a5 storyLarge ScaleDevelopment at 6201 SunsetDrive
within theTransit Oriented Development District Mixed Usc-5 'TODDMU-5"zoning district.
A Resolution authorizing theCityManager toenterintoa three-year agreement andone,two-year option fora
total offive consecutive ycors,with Southern Carpet Care Inc.DBA Elite Maintenance &Management Co.for
janitorialservicesasrequiredbytheCity.
An Ordinance Amending Chapter 17,Article IV ofthe City Code entitled "Dsmguruus Intersection Safety'?
providing for use ofthe traffic infraction detectors to promote compliance withredlight signal directives
consistentwithgeneral law oftheStateofFlorida.
An Ordinance Adopting aSmallScaleAmendment tothe Future LandUse Mop ofthe Comprehensive Plan,
amending the designation ofthe Marshall Williamson property located at approximately SW 61'Courtand
SW64*Terrace,fromSingleFamilyResidential -TwoStoryto Multifamily Residenrutl -FourStory.
An Ordinance amending the Official ZoningMapas provided inthe CityofSouth Miami Land Development
Code.Article 111,"Zoning Regulations,"Section 20-J.lfC),andother applicable provisions,amending the
designation ofthe Marshall Williamson propertylocatedat approximately SW 61"CourtandSW 64*'Terrace,
fromSmallLotSinglo-Family Residential DistrictRS-4toLowDensity Multi-Family Residential DistrictRM-18.
ALLinterestedpartiesareinvitedtoattendandwill be heard.
Far furtherinformation,pleasecontacttheCityClerk'sOfficeat:30S-663-6340.
Maria M.Mcncndcz,CMC
CityClerk
Pursuant to Florida Smtutcs 2&6.0I03,(heCity herebyadviwstbc publictbatifa person decides to appeal anydecision nutfe by thii Board
Agencyor Commission withretpertto anymatterenmidenn)at hameetingorhearing,toorshewilltiMdn record of the pnrceediri&a.andihnt
forsuchpurpose,affected person mayneedto eniurcthata verbal im record of the proceedings is madewhichrecord include the tanitnony nnd
evidence uponwhich tfioappealis lo bebased.
(!)
FROMPAGE3SE
CORAL GABLES
dents who support the
outdoor seating.
"This is one more in
trusion that really isn't
needed,isn't wanted,isn't
desired,"Don Slesnick
said.
Others said the pavers
and the proposed six ta
bles,22 chairs and two
umbrellas would not be a
significant changeand
would add to the cafe and
the club's character-
"WeliveinMiami;out
door spaces are something
that we should have,"resi
dent Bob Liu said.
Ultimately,the Liberty
Entertainment Groupwill
be allowed to keep some
existing benches that are
outside the club but noth
ing else for the time being.
"I would love to see the
outdoor dining.However,I
just don't think it's com
patible at this time with the
congestion wegetin that
area,"Vice Mayor Frank
Quesada said.
The city commission
previously denied a similar
2009 request from Liberty
that called for eight tables
and 32 chairs for the out
door area.
OTHER BUSINESS
•Solid waste dispute:
The commission granted
thecity attorney permis
sionto seek a dispute reso
lution and settlement with
Miami-Dade County over
placement ofa solid-waste
special assessment onthe
tax rolls.
The assessment was
approvedbythe commis
sion in June inan effort to
collect delinquent solid-
waste fees that exceeded
$850.
City Attorney Craig Leen
said the county taxcollec
torand property apprais
er's offices have been un
willing to place the assess
ment onthis year's tax
rolls.The resolution argues
that based on Florida statu
te the two offices are min
isterial and cannot prevent
the action.
"The issue for us is that
although they arecalling
these delinquent fees,this
isan imposed special as
sessment this year for work
that has done by the city
over the past seven,eight,
NOTICE OF NON-DISCRIMINATORY
POLICY ASTO STUDENTS
"Westwood Christian School,a ministry
of First Baptist Church of Westwood
Lake,Inc.,admits students of any race,
color,national and ethnic origin to all
the rights,privileges,programs,and
activities generally accorded or made
available to students at the school.It
does not discriminate on the basis of
race,color,national and ethnic origin in
administration of its educational policies,
admissions policies,scholarship and
loan programs,and athletic and other
school-administered programs,"
SUNOAY SEPTEMBER 27 2015
MIAMIHERALD.COM
nineyearsthathas never
beenpaid for/'Leensaid.
Commissioner Patricia
Keonsaidthe county might
be hesitant because placing
the assessment on the rolls
could make Miami-Dade
officials seem like debt
collectors,but she ulti
mately supported thecity
attorney moving forward.
"Ithink they feelmaybe
they're being placed in the
position where they are
acting asa collection agen
cy for delinquent fees,
which isnot something
that they have traditionally
done,"Keon said.
•City guardhouses:In
an effort to increase safety,
the commission approved
an item that would allow
guardhouse operators to
ask specific questions of
drivers entering certain
communities.
The ordinance is in
tended primarily toget
drivers to roll down their
window and to state their
reason for visiting the
neighborhood and their
destination.The commis
sionplansto fine-tune the
language of the law after
receiving input fromPolice
Chief Ed Hudak.
The new rules would be
in effect from 11 p.m.to6
a.m.
•Citywide transporta
tion plan:Commissioners
approved anitem allowing
staff to negotiate hiring
Atkins North America to
prepare the city's compre
hensive transportation
plan.
The plan is intended to
identify multimodal forms
of transportation,identify
bikeand pedestrianpaths
and recommend other
transit improvements.
THE NEXT MEETING
•When:9 a.m.Oct.13.
•Where:Coral Gabies
City Hall.405 Biltmore
Way,Coral Gables
Lance Dixon:
305-376-3708,@LDixonJ