06-17-2010
A~ City of
nventura
City Commission
SlIlsan Gotdieb, Mayor
City Manager
Eric M. Soroka, lCMA-CM
Zev AlIlerbach
Bob Diamond!
T eri Hohberg
Billy Joel
Michael Stern
LlIlz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City AttomeJ'
Weiss Serota Helfman
Pastoriza Cole & Boniske
CITY COMMISSION MEETING
AGENDA
JUNE 17,20109 AM
Aventura Government Center
] 9200 West Country Club Drive
A ventura, Florida 33] 80
1. CALL TO ORDER\ROLL CALL
2. RESOLUTION: PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-
06-04-2, A VENTURA GOVERNMENT INSTRUCTIONAL SIGN TO LINK
CONSTRUCTION GROUP AT THE BID PRICE OF $82,328; AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS
FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
3. ORDINANCE - SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF A VENTURA FLORIDA AMENDING THE
CITY CODE BY AMENDING ARTICLE III "DANGEROUS INTERSECTION
SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING
AND OTHER REGULA TIONS"; PROVIDING FOR RECORDED IMAGE
MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL
SIGNALS CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
2010-80, LAWS OF FLORIDA (2010); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SAVINGS,
RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING FOR AN
EFFECTIVE DATE
4. ADJOURNMENT.
The meeting is open to the public. ]n accordance with the Americans with Disabilities Act of ]990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-890], not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura
Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government
enter, ]9200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should
contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in attendance.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
BY: Antonio F. Tomei, Capital Projec
DATE: June 7,2010
SUBJECT: Bid No: 10-06-04-2 - Aventura Government Instructional Sign
June 17, 2010 City Commission Workshop Meeting Agenda Item No. 1-
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding Bid
No. 10-06-04-2, Aventura Government Instructional Sign to the lowest responsible and
responsive bidder, Link Construction Group for the price of $82,328. This project will be
funded by Budget Line Item Number 001-8070-575-6301.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on June 4,2010. The City received one (1) bid for this project.
Link Construction Group
$ 82,328
Cost Breakdown
A construction cost estimate in the amount of $134,233 was provided by the City's
Engineering Consultant.
The Bid amount of $82,328 is $51,905 less than the construction costs outlined on the
estimate.
The LED Matrix Display Sign is being purchased directly by the City for an amount of
$38,650.
Summing the $82,328 Bid Amount with the $38,650 LED Matrix Display Sign purchase
reflects a total project cost of $120,978.
Please contact me at your convenience with any questions or comments you may have.
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 10-06-04-2, A VENTURA GOVERNMENT
INSTRUCTIONAL SIGN TO LINK CONSTRUCTION GROUP AT THE
BID PRICE OF $82,328; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO.1 0-06-04-2, Aventura Government Instructional Sign; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Link Construction Group has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 10-06-04-2, Aventura Government
Instructional Sign, is hereby awarded to link Construction Group in the amount of
$82,328.
Resolution No. 2010-
Page 2
Section 2: That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from Budget
Line Item Number 001-8070-575-6301.
Section 5: This Resolution shall be effective immediately upon its adoption.
, who
, and
The foregoing resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
Resolution No. 2010-
Page 3
PASSED AND ADOPTED this 1 ih day of June, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SECTION 00410
BID FORM
THIS BID IS SVBMIITED TO:
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
BID FOR: City of A ventura Government Instructional Sign
BID No: ] 0-06-04-2
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of A ventura in the fonn included in the Contract Documents to perfonn and furnish an Work as specified
or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this
Bid and in accordance with the other terms and conditions of the Contract Documents.
1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to BIDDER'S. This Bid will remain subject to acceptance for 180 days after the day of
Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents
required by the Bidding Requirements within ten days after the date of City's Notice of A ward.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No. 1
Addendum No.
Addendum No.
Addendum No.
Dated: May 25,2010
Dated:
Dated:
Dated:
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may
affect cost, progress, performance or furnishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, perfonnance, or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with
the other tenns and conditions of the Contract Documents, and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or win be required
by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all infonnation and data shown or indicated on the
City of Aventma Government Instructional Sign
City of Aventura Bid No. 10-06-04-2
eTA Project No. O]-()l03.135
00410 -1
......
.-....,
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar infonnation or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
(f) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on bebalfof any undisclosed person,
finn or corporation and is not submitted in confonnity with MY agreement or rules of any
group, association, organization, or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has
not sought by collusion to obtain for itself any advantage over any other BIDDER or over the
City.
3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the
Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and
when initiated by the City, the pricing of change orders. Contractor's price wiD not be adjusted to
reflect any deviation from the Schedule Of V alues, except to the extent that the City changes the scope
of Project after the Contract Date.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and
services necessary to provide a complete in place Project for the Bid Price of:
$82,328.00
Eighty two thousand three hundred twenty eight
dollars and
zero cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
BIDDER agrees that the work wiD be complete iD full within 45 calendar days from the date
stipulated in the Notice to Pro<<ed. If Bid Alternates are awarded, then tbe completioD time for
the work covered uder the Bid Altenates will be agreed to prior to theissuaDce olthe Notice
to Procetd.
city of A ventura Government Instructional Sign
City of A ventura Bid No. 10-06-04-2
CTA Project No. 01-0103.135
- 00410-2
'.
4. Communications concerning this Bid shaH be addressed to:
BIDDER:
Address:
Link Construction Group, Inc.
7003 N. Waterway Dr., Suite # 218
Miami, FL 33155
305-665-9826
305-665-9851
Guillermo Fernandez
Telephone
Facsimile Number
Attention:
5. The terms used in this Bid which are defmed in the General Conditions of the Construction Contract
included as part of the Contract documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS DAY
June
4 20 10
-'
City of Aventura Government Instructional Sign
City of Aventura Bid No. 10-06-04-2
CfA Project No. 01-0103.135
00410 - 3
From: FAX
Page: 3f7
Date 5/26/20101:1401 PM
SECTION 00410
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
Item Qu..tity
De$cription
Unit
Unit Price
Extended Cost
BASE BID
GENERAL
GENERAL CONDmONS LS $ 31.843 S 31,843
2 MOBnlZA TION LS S included $ included
3 MAINTENANCE OF TRAFFIC LS $ 250 $ 250
SUB-TOTAL S 32,093
GOVERNMENT INSTRUCTIONAL SIGN
4 SITE PREPARATION LS $ 4,119 $ 4,119
5 PROVIDE AND INSTALL SIGN LS $ 13,700 $ 13.700
STRUCTlJRE. COMPLETE IN
PLACE
6 6 PROVIDE AND INSTALL LOGOS EA $ 4,021 $ 4,021
ON SIGN STRUCTIJRE. COMPLETE
IN PLACE
7 2 PROVIDE AND INSTALL EA $ 420 $ 420
DIRECTIONAL ARROW ON SIGN
STRUCTURE, COMPLETE IN
PLACE
City of Aventura Government Instructional Sign
City of Aventuta Bid No. 10-06-04-2
Addendum No. I
00410 - 1
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From. FAX
Page: 4f7
Date: 5/26/20101.14:02 PM
8 INSTALL TWO ONE SIDED LED LS $ 4,175 $ 4,175
MATRIX DlSPLA Y SIGNS,
COMPLETE IN PLACE. INCLUDES
ALL SOITW ARE,
COMMUNICATIONS, AND
TRAINING. CITY TO PROVIDE
LED SIGNS.
9 50 I P PVC SCHEDULE 40 CONDUIT LF $ N/A S N/A
INST Al.l...ED IN EARTIi. INCLUDES
EXCA V A nON, LABOR, CONDUIT,
CONNECTORS, WARNING TAPE,
PUlL STRING. SOD
RESTORATION, AND BACKFILL
COMPLETE IN PLACE.
10 100 2" PVC SCHEDULE 40 CONDUIT LF S N/A $ N/A
INSTALLED IN EARTIi. INCLUDES
EXCAVATION, LABOR, CONDUIT,
CONNECTORS, WARNING TAPE,
PULL STRING, SOD
RESTORA nON, AND BACKFILL
COMPLETE IN PLACE.
INSULATION.
II 80 2" PVC SCHEDULE 40 DUCTBANK LF S 2,500 $ 2,500
DIRECTIONAL BORED UNDER
EXISTING PAVEMENT. INCLUDES
EXCAVATION, INSTALLATION
PITS, CONDUIT, PULL STRING,
LABOR, IDENfIFICATION, SAW
CUITING. SIDEWALK REPAIR,
CONCRETE, SOD RESTORATION
AND BACKFILL COMPLETE IN
PLACE.
l2 300 # 10, 600V, XHHW CONDUCTOR LF $ 3,500 S 3.500
INSTALLED IN NEW CONDUITS.
INCLUDES INSTAllATION,
CLEANING AND DEWATERING,
TESTING, CONNECTORS, SPUCE
KITS, HEAT SHRINK,
TERMINATIONS,
IDENTlFICA TION, PULLING
COMPOUND, PULL STRING,
LABOR AND ETC. FOR A
COMPLETE WORKING SYSTEM IN
PLACE.
City of Aventura Government Instructional Sign
City of Aventura Bid No. 10-06-04-2
Addendwn No.1
00410 -2
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From: FAX
Page.5f7
Date 5/26/20101:14:02 PM
13 200 #4, 600V, xmIW CONDUCTOR LF $ NIA $ NIA
INSTALLED IN NEW CONDUITS.
INCLUDES JNSTALLA TION,
CLEANING AND DEWATERING,
TESTING, CONNECfORS, SPLICE
KITS, HEAT SHRINK,
TERMINATIONS,
IDENTIFICATION, PULLING
COMPOUND, PULL STRING,
LABOR AND ETC. FOR A
COMPLETE WORKING SYSTEM IN
PLACE.
14 100 #3, 6OOV, XHHW CONDUCTOR LF $ 3,500 $ 3,500
INSTALLED IN NEW CONDUITS.
INCLUDES INSTALLATION,
CLEANING AND DEWATERING,
TESTING, CONNECTORS, SPLICE
KITS, REA T SHRINK,
TERMINATIONS,
IDENTIFICATION, PULLING
COMPOUND. PUll. STRING,
LABOR AND ETC. FOR A
COMPLETE WORKING SYSTEM IN
PLACE.
15 REWCATE EXISTING LIGlIT EA S 5,000 S 5,000
POLE ON NEW CONCRETE BASE
INSTAllED IN EARTHlROCK,
COMPLETE IN PLACE. INCLUDES
EXCAVATION, DIPOSAL OF
EXISTING CONClWTE BASE,
REMOVAL AND RELOCATION OF
EXISTING LIGHT POLE AND
FDITUES, INSTALLATION,
CONCRETE BASE, FUSES, FUSE
KITS, SPLICE KITS, GROUNDING.
GROUND RODS, CONDUITS,
CONDUCTORS, TESTING, LAMPS,
LABOR, SOD RESTORATION AND
BACKFILL COMPLETE IN PLACE
City of A ventura Government Instructional Sign
City of Aventura Bid No. 10-06-04-2
Addendum No. 1
0041O~3
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From: FAX
Page: 6f7
Date 5/26/20101:14.02 PM
16 NEW ELECTRICAL SERVICE LS $ 4,000 $ 4,000
POINT, COMPLETE IN PLACE.
rNCLUDES EXCAVATION,
INSTAlLATION, COMBINATION
METER AND LOAD CENTER
ENCLOSURE, CIRCUIT
BREAKERS, CONCRETE
FOUNDATION, GROUNDING,
GROUND RODS, CONDUITS,
CONDUCTORS, TESTING, LABOR.,
SAW CUTTING, SIOEW AIX
REPAIR. CONCRETE. REBAR.
FP&L COORDINATION, SOD
RESTORATION AND BACKFILL
COMPLETE IN PLACE
17 RELOCATE EXISTING TREE EA $ 300 $ 300
18 COMPLETE RESTORATION LS $ INCLUDED IN LINE S INCLUDED IN LINE
#4 #4
19 All..OW ANCE FOR CITY OF LS $5,000 $5,000
A VENTURA POLICE
DEPARTMENT PRESENCE
(S401HR)
SUB~TOT AL
$ 50,235
TOTAL VALUE OF BASE BID
$
82.328.00
Eighty two thousand, three hundred twenty eight dollars
and zero cents.
Ci1)t of A ventura Government Instructional Sign
City of Aventura Bid No. 10-06-04.2
Addendum No.1
00410 - 4
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: May 27,2010
SUBJECT: Ordinance amending Article III "Dangerous Intersection Safety" of
Chapter 48 of the City Code
1 st Reading June 1, 2010 City Commission Meeting Agenda Item TJ A
2nd Reading June 17, 2010 City Commission Meeting Agenda Item ...3
RECOMMENDATION
~-
It is recommended that the City Commission adopt the attached Ordinance amending
Article III entitled "Dangerous Intersection Safety" of Chapter 48 of the City Code to
conform to the recently enacted Chapter 2010-80, Laws of Florida, (the "Mark Wandall
Traffic Safety Act") recently adopted by the State Legislature and signed by the
Governor.
BACKGROUND
The Florida Legislature passed CS/CS/HB325 during the 2010 Legislative Session
authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes. The Governor signed CS/CS/HB325 into law on May 13,
2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark
Wandall Traffic Safety Act" or the "Act") taking effect on July 1, 2010. The running of
red lights continues to be a safety hazard affecting every citizen and traveler in the City
of Aventura. The City wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act. A copy of CS/CS/HB325 is attached.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
FLORIDA
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H 0 USE
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REPRESENTATIVES
ENROLLED
CS/CS/HB 325, Engrossed 2
2010 Legislature
A bill to be entitled
An act relating to uniform traffic control; providing a
short title; amending s. 316.003, F.S.; defining the term
"traffic infraction detector"; creating s. 316.0076, F.S.;
preempting to the state the use of cameras to enforce
traffic laws; amending s. 316.008, F.S.; authorizing
counties and municipalities to use traffic infraction
detectors under certain circumstances; creating s.
316.0083, F.S.; creating the Mark Wandall Traffic Safety
Program; authorizing the Department of Highway Safety and
Motor Vehicles, a county, or a municipality to use a
traffic infraction detector to identify a motor vehicle
that fails to stop at a traffic control signal steady red
light; requiring authorization of a traffic infraction
enforcement officer to issue and enforce a citation for
such violation; requiring notification to be sent to the
registered owner of the motor vehicle involved in the
violation; requiring the notification to include certain
information about the owner's right to review evidence;
providing requirements for the notification; providing for
collection of penalties; providing for distribution of
penalties collected; providing that an individual may not
receive a commission or per-ticket fee from any revenue
collected from violations detected through the use of a
traffic infraction detector and 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; providing procedures for issuance,
Page 1 of 25
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hb0325-05-er
FLORIDA
H 0 USE
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REPRESENTATIVES
ENROLLED
CS/CS/HB 325, Engrossed 2
2010 Legislature
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disposition, and enforcement of citations; providing for
exemptions; providing that certain evidence is admissible
for enforcement; providing penalties for submission of a
false affidavit; prohibiting the use of such detectors to
enforce a violation when a driver fails to stop prior to
making a right or left turn; providing that the act does
not preclude the issuance of citations by law enforcement
officers; requiring reports from participating
municipalities and counties to the department; requiring
the department to make reports to the Governor and
Legislature; amending s. 316.0745, F.S.; revising a
provision that requires certain remotely operated traffic
control devices to meet certain specifications; creating
s. 316.07456, F.S.; requiring traffic infraction detectors
to meet specifications established by the Department of
Transportation; providing that a traffic infraction
detector acquired by purchase, lease, or other arrangement
under an agreement entered into by a county or
municipality on or before a specified date is not required
to meet the established specifications until a specified
date; creating s. 316.0776, F.S.; providing for the
placement and installation of detectors on certain roads
when permitted by and under the specifications of the
department; requiring that if the state, county, or
municipality installs a traffic infraction detector at an
intersection, the state, county, or municipality shall
notify the public that a traffic infraction device may be
in use at that intersection; requiring that such signage
Page 2 of 25
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REPRESENTATIVES
ENROLLED
CS/CS/HB 325, Engrossed 2
2010 Legislature
posted at the intefsection meet the specifications for
uniform signals and devices adopted by the Department of
Transportation; requiring that traffic infraction
detectors meet specifications established by the
Department of Transportation; requiring a public awareness
campaign if such detectors are to be used; amending s.
316.640, F.S.; requiring the Department- of Transportation
to develop training and qualification standards for
traffic infraction enforcement officers; authorizing
counties and municipalities to use independent contractors
as traffic infraction enforcement officers; amending s.
316.650, F.S.; requiring a traffic enforcement officer to
provide to the court a replica of the citation data by
electronic transmission under certain conditions; amending
s. 318.14, F.S.; providing an exception from provisions
requiring a person cited for an infraction for failing to
stop at a traffic control signal steady red light to sign
and accept a citation indicating a promise to appear;
amending s. 318.18, F.S.; increasing certain fines;
providing for penalties for infractions enforced by a
traffic infraction enforcement officer; providing for
distribution of fines; allowing the clerk of court to
dismiss certain cases upon receiving documentation that
the uniform traffic citation was issued in error;
providing that an individual may not receive a commission
or per-ticket fee from any revenue collected from
violations detected through the use of a traffic
infraction detector and a manufacturer or vendor may not
Page 3 of 25
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hb0325-05-er
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H 0 USE
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REPRESENTATIVES
ENROLLED
CS/CS/HB 325, Engrossed 2
2010 Legislature
receive a fee or remuneration based upon the number of
violations detected through the use of a traffic
infraction detector; creating s. 321.50, F.S.; authorizing
the Department of Highway Safety and Motor Vehicles to use
traffic infraction detectors under certain circumstances;
amending s. 322.27, F.S.; providing that no points may be
assessed against the driver's license for infractions
enforced by a traffic infraction enforcement officer;
providing that infractions enforced by a traffic
infraction enforcement officer may not be used for
purposes of setting motor vehicle insurance rates;
requiring the retention of certain penalty proceeds
collected prior to the Department of Revenue's ability to
receive and distribute such funds; providing an
appropriation and for carryforward of any unexpended
balance; providing for severability; providing effective
dates.
Be It Enacted by the Legislature of the State of Florida:
Section 1. This act may be cited as the "Mark Wandall
Traffic Safety Act."
Section 2. Subsection (86) is added to section 316.003,
Florida Statutes, to read:
316.003 Definitions.-The following words and phrases, when
used in this chapter, shall have the meanings respectively
ascribed to them in this section, except where the context
otherwise requires:
Page 4 of 25
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hb0325-05-er
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(86) TRAFFIC INFRACTION DETECTOR.-A vehicle sensor
installed to work in conjunction with a traffic control signal
and a camera or cameras synchronized to automatically record two
or more sequenced photographic or electronic images or streaming
video of. only the rear of a motor vehicle at the time the
vehicle fails to stop behind the stop bar or clearly marked stop
line when facing a traffic control signal steady red light. Any
notification under s. 316.0083(1) (b) or traffic citation issued
by the use of a traffic infraction detector must include a
photograph or other recorded image showing both the license tag
of the offending vehicle and the traffic control device being
violated.
Section 3. Section 316.0076, Florida Statutes, is created
to read:
316.0076 Regulation and use of cameras.-Regulation of the
use of cameras for enforcing the provisions of this chapter is
expressly preempted to the state. The regulation of the use of
cameras for enforcing the provisions of this chapter is not
required to comply with provisions of chapter 493.
Section 4. Subsection (7) is added to section 316.008,
Florida Statutes, to read:
316.008 Powers of local authorities.-
(7) (a) A county or municipality may use traffic infraction
detectors to enforce s. 316.074(1) or s. 316.075(1) (c)l. when a
driver fails to stop at a traffic signal on streets and highways
under their jurisdiction under s. 316.0083. Only a municipality
may install or authorize the installation of any such detectors
within the incorporated area of the municipality. Only a county
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may install or authorize the installation of any such detectors
within the unincorporated area of the county.
(b) Pursuant to paragraph (a), a municipality may install
or, by contract or interlocal agreement, authorize the
installation of any such detectors only within the incorporated
area of the municipality, and a county may install or, by
contract or interlocal agreement, authorize the installation of
any such detectors only within the unincorporated area of the
county. A county may authorize installation of any such
detectors by interlocal agreement on roads under its
jurisdiction.
Section 5. Section 3l6.0083, Florida Statutes, is created
to read:
316.0083 Mark Wandall Traffic Safety Program;
administration; report.-
(1) (a)
For purposes of administering this section, the
department, a county, or a municipality may authorize a traffic
infraction enforcement officer under s. 316.640 to issue a
traffic citation for a violation of s. 316.074(1} or s.
316.075(1) (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 in a careful and prudent manner at
an intersection where right-hand turns are permissible. 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, or a municipality before issuance
of the traffic citation by the traffic infraction enforcement
officer. This paragraph does not prohibit the department, a
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county, or a municipality from issuing notification as provided
in paragraph (b) to the registered owner of the motor vehicle
involved in the violation of s. 316.074(1) or s. 316.075(1) (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), within 30 days
following the date of the notification in order to avoid court
fees, costs, and the issuance of a traffic citation. The
notification shall be sent by first-class mail.
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 mu~t state the time and place or Internet
location where the evidence may be examined and observed.
2. Penalties assessed and collected by the department,
county, or municipality authorized to collect the funds provided
for in this paragraph, less the amount retained by the county or
municipality pursuant to subparagraph 3., shall be paid to the
Department of Revenue weekly. Payment by the department, county,
or municipality to the state shall be made by means of
electronic funds transfers. In addition to the payment, summary
detail of the penalties remitted shall be reported to the
Department of Revenue.
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3. Penalties to be assessed and collected by the
depa~tment, countYJ or municipality are as follows:
a. One hundred fifty-eight dollars for a violation of s.
316.074(1) or s. 316.075(1) (c)l. when a drivE;r has failed to
stop at a traffic signal if enforcement is by the department's
traffic infraction enforcement officer. One hundred dollars
shall be remitted to the Department of Revenue for deposit into
the General Revenue Fund, $10 shall be remitted to the
Department of Revenue for deposit into the Department of Health
Administrative Trust Fund, $3 shall be remitted to the
Department of Revenue for deposit into the Brain and Spinal Cord
Injury Trust Fund, and $45 shall be distributed to the
municipality in which the violation occurred, or, if the
violation occurred in an unincorporated area, to the county in
which the violation occurred. Funds deposited into the
Department of Health Administrative 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 shall be used for brain and spinal cord
research.
b. One hundred fifty-eight dollars for a violation of s.
316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
stop at a traffic signal if enforcement is by a co~nty or
municipal traffic infraction enforcement officer. Seventy
dollars shall be remitted by the county or municipality to the
Department of Revenue for deposit into the General Revenue Fund,
$10 shall be remitted to the Department of Revenue for deposit
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into the Department of Health Administrative Trust Fund, $3
shall be remitted to the Department of Revenue for deposit into
the Brain and Spinal Cord Injury Trust Fund, and $75 shall be
retained by the county or municipality enforcing the ordinance
enacted pursuant to this section. Funds deposited into the
Department of Health Administrative 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 shall be 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 shall
be issued by mailing the traffic citation by certified mail to
the address of the registered owner of the motor vehicle
involved in the violation when payment has not been made within
30 days after notification under subparagraph (b)l.
b. Delivery of the traffic citation constitutes
notification under this paragraph.
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 is a business organization, in which case the
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second name appearing on the registration may be used.
d. The traffic citation shall be mailed to the registered
owner of the motor vehicle involved in the violation no later
than 60 days after the date of the violation.
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, either in person
or remotely, the photographic or electronic images or the
streaming video evidence that constitutes a rebuttable
presumption against the owner of Lhe vehicle. The notice must
state the time and place or Internet location where the evidence
may be examined and observed.
(d)l. The owner of the motor vehicle involved in the
violation is responsible and liable for paying the uniform
traffic citation issued for a violation of s. 316.074(1) or s.
316.075(1) (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 a law enforcement officer;
c. The motor vehicle was, at the time of the violation, in
the care, custody, or control of another person; or
d. A uniform traffic citation was issued by a law
enforcement officer to the driver of the motor vehicle for the
alleged violation of s. 316.074(1) or s. 316.075(1) (c)L
2. In order to establish such facts, the owner of the
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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 1.c. must include the name, address, date of birth,
and, if known, the driver's 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. If a traffic citation for a violation of s. 316.074(1)
or s. 316.075(1) (c)1. 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.
3. Upon receipt of an affidavit, the person designated as
having care, custody, and control of the motor vehicle at the
time of the violation may be issued a traffic citation for a
violation of s. 316.074 (1) or s. 316.075 (1) (c) 1. when the driver
failed to stop at a traffic signal. The affidavit is admissible
in a proceeding pursuant to this section for the purpose of
providing proof that the person identified in the affidavit was
in actual care, custody, or control of the motor vehicle. The
owner of a leased vehicle for which a traffic citation is issued
for a violation of s. 316.074(1) or s. 316.075(1) (c)1. when the
driver failed to stop at a traffic signal is not responsible for
paying the traffic citation and is not required to submit an
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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. The submission of a false affidavit is ct- misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083.
(e) The photographic or electronic images or streaming
video attached to or referenced in the traffic citation is
evidence that a violation of s. 316.074(1) or s. 316.075(1) (c)l.
when the driver failed to stop at a traffic signal has occurred
and is admissible in any proceeding 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 was used in violation of s. 316.074(1)
or s. 316.075(1) (c)l. when the driver failed to stop at a
traffic signal.
(2) 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 in a careful and prudent manner at an
intersection where right-hand turns are permissible.
(3) This section supplements the enforcement of s.
316.074(1) or s. 316.075(1) (c)l. by law enforcement officers
when a driver fails to stop at a traffic signal and does not
prohibit a law enforcement officer from issuing a traffic
citation for a violation of s. 316.074(1) or s. 316.075(1) (c)l.
when a driver fails to stop at a traffic signal in accordance
with normal traffic enforcement techniques.
(4) (a) Each county or municipality that operates a traffic
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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 fiscal year.
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) On or 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.
Section 6. Subsection (6) of section 316.0745, Florida
Statutes, is amended to read:
316.0745 Uniform signals and devices.-
(6) Any system of traffic control devices controlled and
operated from a remote location by electronic computers or
similar devices must 8h~11 meet all requirements established for
the uniform system, and~ \lhcrc such a system affects OYOtCffi8
~ffcct the movement of traffic on state roadsL the design of the
system shall be reviewed and approved by the Department of
Transportation.
Section 7. Section 316.07456, Florida Statutes, lS created
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CS/CS/HB 325, Engrossed 2 . . . . ':. _.~.
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to read:
316.07456 Transitional implementation.-Any traffic
infraction detector deployed on the highways, streets, and roads
of this state must meet specifications established by the
Department of Transportation, and must be tested at regular
intervals according to specifications prescribed by the
Department of Transportation. The Department of Transportation
must establish such specifications on or before December 31,
2010. However, any such equipment acquired by purchase, lease,
or other arrangement under an agreement entered into by a county
or municipality on or before July 1, 2011, or equipment used to
enforce an ordinance enacted by a county or municipality on or
before July 1, 2011, is not required to meet the specifications
established by the Department of Transportation until July 1,
2011.
Section 8. Section 316.0776, Florida Statutes, is created
to read:
316.0776 Traffic infraction detectors; placement and
installation.-
(1) Traffic infraction detectors are allowed on state
roads when permitted by the Department of Transportation and
under placement and installation specifications developed by the
Department of Transportation. Traffic infraction detectors are
allowed on streets and highways under the jurisdiction of
counties or municipalities in accordance with placement and
installation specifications developed by the Department of
Transportation.
(2) (a)
If the department, county, or municipality installs
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a traffic infraction detector at an intersection, the
department, county, or municipality shall notify the public that
a traffic infraction device may be in use at that intersection
and must specifically include notification of camera enforcement
of violations concerning right turns. Such signage used to
notify the public must meet the specifications for uniform
signals and devices adopted by the Department of Transportation
pursuant to s. 316.0745.
(b) If the department, county, or municipality begins a
traffic infraction detector program in a county or municipality
that has never conducted such a program, the respective
department, county, or municipality shall also make a public
announcement and conduct a public awareness campaign of the
proposed use of traffic infraction detectors at least 30 days
before commencing the enforcement program.
Section 9. Paragraph (b) of subsection (1) and subsection
(5) of section 316.640, Florida Statutes, are amended to read:
316.640 Enforcement.-The enforcement of the traffic laws
of this state is vested as follows:
(1) STATE.-
(b)l. The Department of Transportation has authority to
enforce on all the streets and highways of this state all laws
applicable within its authority.
2.a. The Department of Transportation shall develop
training and qualifications standards for toll enforcement
officers whose sole authority is to enforce the payment of tolls
pursuant to s. 316.1001. Nothing in this subparagraph shall be
construed to permit the carrying of firearms or other weapons,
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nor shall a toll enforcement officer have arrest authority.
b. For the purpose of enforcing s. 316.1001, governmental
entities, as defined in s. 334.03, which own or operate a toll
facility may employ independent contractors or designate
employees as toll enforcement officers; however, any such toll
enforcement officer must successfully meet the training and
qualifications standards for toll enforcement officers
established by the Department of Transportation.
3. For the purpose of enforcing s. 316.0083, the
department may designate employees as traffic infraction
enforcement officers. A traffic infraction enforcement officer
must successfully complete instruction in traffic enforcement
procedures and court presentation through the Selective Traffic
Enforcement Program as approved by the Division of Criminal
Justice Standards and Training of the Department of Law
Enforcement, or through a similar program, but may not
necessarily otherwise meet the uniform minimum standards
established by the Criminal Justice Standards and Training
Commission for law enforcement officers or auxiliary law
enforcement officers under s. 943.13. This subparagraph does not
authorize the carrying of firearms or other weapons by a traffic
infraction enforcement officer and does not authorize a traffic
infraction enforcement officer to make arrests. The department's
traffic infraction enforcement officers must be physically
located in the state.
(5) (a) Any sheriff's department or police department of a
municipality may employ, as a traffic infraction enforcement
officer, any individual who successfully completes instruction
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449 in traffic enforcement procedures and court presentation through
450 the Selective Traffic Enforcement Program as approved by the
451 Division of Criminal Justice Standards and Training of the
452 Department of Law Enforcement, or through a similar program, but
453 who does not necessarily otherwise meet the uniform minimum
454 standards established by the Criminal Justice Standards and
455 Training Commission for law enforcement officers or auxiliary
456 law enforcement officers under s. 943.13. Any such traffic
457 infraction enforcement officer who observes the commission of a
458 traffic infraction or, in the case of a parking infraction, who
459 observes a~ illegally parked vehicle may issue a traffic
460 citation for the infraction when, based upon personal
461 investigation, he or she has reasonable and probable grounds to
462 believe that an offense has been committed which constitutes a
463 noncriminal traffic infraction as defined in s. 318.14. In
464 addition, any such traffic infraction eDforcement officer may
465 issue a traffic citation under s. 316.0083. For purposes of
466 enforcing s. 316.0083, any sheriff's department or police
467 department of a municipality may designate employees as traffic
468 infraction enforcement officers. The traffic infraction
469 enforcement officers must be physically located in the county of
470 the respective sheriff's or police-depart~ent.
471
(b) The traffic infraction enforcement officer shall be
472 employed in relationship to a selective traffic enforcement
473 program at a fixed location or as part of a crash investigation
474 team at the scene of a vehicle crash or in other types of
475 traffic infraction enforcemen~ under the direction of a fully
476 qualified law enforcement officer; however, it is not necessary
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477 that the tfaffic infraction enforcement officer's duties be
478 performed under the immediate supervision of a fully qualified
479 law enforcement officer.
480
(c) This subsection does not permit the carrying of
481 firearms or other weapons, nor do traffic infraction enforcement
482 officers have arrest authority other than the authority to issue
483 a traffic citation as provided in this subsection.
484
Section 10. Subsection (3) of section 316.650, Florida
485 Statutes, is amended to read:
486
487
316.650 Traffic citations.-
(3) (a) Except~or a traffic citation issued pursuant to s.
488 316.1001 or s. 316.0083, each traffic enforcement officer, upon
489 issuing a traffic citation to an alleged violator of any
490 provision of the motor vehicle laws of this state or of any
491 traffic ordinance of any municipality or town, shall deposit the
492 original traffic citation or, in the case of a traffic
493 enforcement agency that has an automated citation issuance
494 system, the chief administrative officer shall provide by an
495 electronic transmission a replica of the citation data to a
496 court having jurisdiction over the alleged offense or with its
497 traffic violations bureau within 5 days after issuance to the
498 violator.
499
(b)
If a traffic citation is issued pursuant to s.
500 316.1001, a traffic enforcement officer may deposit the original
501 traffic citation or, in the case of a traffic enforcement agency
502 that has an automated citation system, may provide by an
503 electronic transmission a replica of the citation data to a
504 court having jurisdiction over the alleged offense or with its
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505 traffic violations bureau within 45 days after the date of
506 issuance of the citation to the violator. If the person cited
507 for the violation of s. 316.1001 makes the election provided by
508 s. 318.14(12) and pays the $25 fine, or such other amount as
509 imposed by the governmental entity owning the applicable toll
510 facility, plus the amount of the unpaid toll that is shown on
511 the traffic citation directly to the governmental entity that
512 issued the citation, or on whose behalf the citation was issued,
513 in accordance with s. 318.14(12), the traffic citation will not
514 be submitted to the court, the disposition will be reported to
515 the department by the governmental entity that issued the
516 citation, or on whose behalf the citation was issued, and no
517 points will be assessed against the person's driver's license.
518
(c)
If a traffic citation is issued under s. 316.0083, the
519 traffic infraction enforcement officer shall provide by
520 electronic transmission a replica of the traffic citation data
521 to the court having jurisdiction over the alleged offense or its
522 traffic violations bureau within 5 days after the date of
523 issuance of the traffic citation to the violator.
524
Section 11. Subsection (2) of section 318.14, Florida
525 Statutes, is amended to read:
526
318.14 Noncriminal traffic infractions; exception;
527 procedures.-
528
(2) Except as provided in ss. ~ 316.1001(2) and 316.0083,
529 any person cited for an infraction under this section must sign
530 and accept a citation indicating a promise to appear. The
531 officer may -indicate on the traffic citation the time and
532 location of the scheduled hearing and must indicate the
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533 applicable civil penalty established in s. 318.18.
534
Section 12. Subsection (15) of section 318.18, Florida
535 Statutes, is amended to read:
536
318.18 Amount of penalties.-The penalties required for a
537 noncriminal disposition pursuant to s. 318.14 or a criminal
538 offense listed in s. 318.17 are as follows:
539
(15) (a)l. One hundred fifty-eight twenty five dollars for
540 a violation of s. 316.074(1) or s. 316.075(1) (c)l. when a driver
541 has failed to stop at a traffic signal and when enforced by a
542 law enforcement officer. Sixty dollars shall be distributed as
543 provided in s. 318.21, $30 shall be distributed to the General
544 Revenue Fund, $3 shall be remitted to the Department of Revenue
545 for deposit into the Brain and Spinal Cord Injury Trust Fund,
546 and the remaining $65 shall be remitted to the Department of
547 Revenue for deposit into the Administrative Trust Fund of the
548 Department of Health.
2. One hundred and fifty-eight dollars for a violation of
549
550 s. 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
551 stop at a traffic signal and when enforced by the department's
552 traffic infraction enforcement officer. One hundred dollars
553 shall be remitted to the Department of Revenue for deposit into
554 the General Revenue Fund, $45 shall be distributed to the county
555 for any violations occurring in any unincorporated areas of the
556 county or to the municipality for any violations occurring in
557 the incorporated boundaries of the municipality in which the
558 infraction occurred, $10 shall be remitted to the Department of
559 Revenue for deposit into the Department of Health Administrative
560 Trust Fund for distribution as provided In s. 395.4036(1), and
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$3 shall be remitted to the Department of Revenue for deposit
into the Brain and Spinal Cord Injury Trust Fund.
3. One hundred and fifty-eight dollars for a violation of
s. 316.074(1) or s. 316.075(1) (ctl. when a driver has failed to
stop at a traf~ic signal and when enforced by a county's or
municipality's traffic infraction enforcement officer. Seventy
five dollars shall be distributed to the county or municipality
issuing the traffic citation, $70 shall be remitted to the
Department of Revenue for deposit into the General Revenue Fund,
$10 shall be remitted to the Department of Revenue for deposit
into the Department of Health Administrative Trust Fund for
distribution as provided in s. 395.4036(1), and $3 shall be
remitted to the Department of Revenue for deposit into the Brain
and Spinal Cord Injury Trust Fund.
(b) Amounts deposited into the Brain and Spinal Cord
Injury Trust Fund pursuant to this subsection shall be
distributed quarterly to the Miami Project to Cure Paralysis and
shall be used for brain and spinal cord research.
(c) If a person who is cited for a violation of s.
316.074(1) or s. 316.075(1) (c)1., as enforced by a traffic
infraction enforcement officer under s. 316.0083, presents
documentation from the appropriate governmental entity that the
traffic citation was in error, the clerk of court may dismiss
the case. The clerk of court shall not charge for this service.
(d) An individual may not receive a commission or per-
ticket fee 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
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589 number of violations detected through the use of a traffic
590 infraction detector.
591
(e) Funds deposited into the Department of Health
592 Administrative Trust Fund under this subsection shall be
593 distributed as provided in s. 395.4036(1).
594
Section 13. Section 321.50, Florida Statutes, is created
595 to read:
596
321.50 Authorization to use traffic infraction detectors.-
597 The Department of Highway Safety and Motor Vehicles is
598 authorized to use traffic infraction detectors to enforce s.
599 316.074(1) or s. 316.075(1) (c)1. when a driver fails to stop on
600 state roads as defined in chapter 316 which are under the
601 original jurisdiction of the Department of Transportation, when
602 permitted by the Department of Transportation, and under s.
603 316.0083.
604
Section 14. Paragraph (d) of subsection (3) of section
605 322.27, Florida Statutes, is amended to read:
606
322.27 Authority of department to suspend or revoke
607 license.-
608
(3) There is established a point system for evaluation of
609 convictions of violations of motor vehicle laws or ordinances,
610 and violations of applicable provisions of s. 403.413 (6) (b) when
611 such violations involve the use of motor vehicles, for the
612 determination of the continuing qualification of any person to
613 operate a motor vehicle. The department is authorized to suspend
614 the license of any person upon showing of its records or other
615 good and sufficient evidence that the licensee has been
616 convicted of violation of motor vehicle laws or ordinances, or
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617 applicable provisions of s. 403.413 (6) (b), amounting to 12 or
618 more points as determined by the point system. The suspension
619 shall be for a period of not more than 1 year.
620
(d) The point system shall have as its basic element a
621 graduated scale of points assigning relative values to
622 convictions of the following violations:
623
624
1. Reckless driving, willful and wanton-4 points.
2. Leaving the scene of a crash resulting in property
625 damage of more than $50-6 points.
626
627
628
629
3. Unlawful speed resulting in a crash-6 points.
4. Passing a stopped school bus-4 points.
5. Unlawful speed:
a. Not in excess of 15 miles per hour of lawful or posted
630 speed-3 points.
631
b. In excess of 15 miles per hour of lawful or posted
632 speed-4 points.
633
6. A violation of a traffic control signal device as
634 provided in s. 316.074(1) or s. 316.075(1) (c)1.-4 points.
635 However, no points shall be imposed for a violation of s.
636 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
637 stop at a traffic signal and when enforced by a traffic
638 infraction enforcement officer. In addition, a violation of s.
639 316.074(1) or s. 316.075(1) (c)l. when a driver has failed to
640 stop at a traffic signal and when enforced by a traffic
641 infraction enforcement officer may not be used for purposes of
642 setting motor vehicle insurance rates.
643
7. All other moving violations (including parking on ~
644 highway outside the limits of a municipality)-3 points. However,
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645 no points shall be imposed for a violation of s. 316.0741 or s.
646 316.2065(12).
647 8. Any moving violation covered above, excluding unlawful
648 speed, resulting in a crash-4 points.
649
650
9. Any conviction under s. 403.413(6) (b)-3 points.
10. Any conviction under s. 316.0775(2)-4 points.
651 Section 15. The Department of Highway Safety and Motor
652 Vehicles or any county or municipality authorized to issue a
653 notification and impose a penalty under s. 316.0083(1) (b),
654 Florida Statutes, that collects any such penalty after the
655 effective date of this act, but prior to notification by the
656 Department of Revenue of its ability to receive and distribute
657 the penalties collected, must retain the portion of the penalty
658 required to be remitted to the Department of Revenue until the
659 Department of Highway Safety and Motor Vehicles, county, or
660 municipality is notified by the Department of Revenue that it is
661 able to receive and distribute the retained funds. The portion
662 of the penalty required to be remitted to the Department of
663 Revenue for any penalty collected after such notification is
664 provided to the Department of Highway Safety and Motor Vehicles,
665 county, or municipality must be remitted to the Department of
666 Revenue as provided in s. 316.0083, Florida Statutes. This
667 section shall take effect upon this act becoming a law.
668
Section 16. For the 2009-2010 state fiscal year, the sum
669 of $100,000 in nonrecurring funds from the General Revenue Fund
670 is appropriated to the Department of Revenue for the purpose of
671 implementing the provisions of this act. Any unexpended funds
672 from this appropriation shall be reappropriated for fiscal year
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673 2010-2011. This section shall take effect upon this act becoming
674 a law.
675
Section 17. If any provision of this act or its
676 application to any person or circumstance is held invalid, the
677 invalidity does not affect other provisions or applications of
678 this act which can be given effect without the invalid provision
679 or application, and to this end the provisions of this act are
680 severable.
681
Section 18. Except as otherwise expressly provided in this
682 act, and except for this section which shall take effect upon
683 this act becoming a law, this act shall take effect July 1,
684 2010.
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ORDINANCE NO. 2010-
AN ORDINANCE OF THE CITY OF A VENTURA FLORIDA AMENDING
THE CITY CODE BY AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF
RIGHT OF WAY, PARKING AND OTHER REGULATIONS";
PROVIDING FOR RECORDED IMAGE MONITORING AND
ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
2010-80, LAWS OF FLORIDA (2010); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Florida Legislature passed CS/CSIHB325 during the 2010 Legislative
Session authorizing the use of traffic infraction detectors to enforce certain provisions of Chapter
316 of the Florida Statutes; and
WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May
13, 2010, resulting in the creation of Chapter 2010-80, Laws of Florida (2010) (the "Mark
Wandall Traffic Safety Act" or the "Act") taking effect on July 1,2010; and
WHEREAS, the running of red lights continues to be a safety hazard affecting every
citizen and traveler in the City of A ventura; and
WHEREAS, the City wishes to further reduce the running of red lights by amending its
Code of Ordinances to implement the Act; and
WHEREAS, the City Commission finds that the provisions of Article III "Dangerous
Intersection Safety" of Chapter 48 of the City Code, which were previously authorized by the
City's Home Rule authority and by Sec. 316.08 (l)(w), Florida Statutes, will be as of July 1,
2010, preempted to the State as provided by Section 3 of the Act; and
WHEREAS, the City Commission desires to amend Article III of Chapter 48 of the City
Code so as to conform with and implement the Act.
NOW THEREFORE IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
and confirmed.
Recitals Adopted. That the recitals set forth above are hereby adopted
Section 2. Daneerous Intersection Safety. That Article III "Dangerous Intersection
Safety" of Chapter 48 "Vehicles, Use of Right of Way, Parking and Other Regulations" of the
City Code of the City of A ventura is hereby amended to read as follows, with text stricken-
Ordinance No. 2010-
Page Number 2
through deleted from the Code of Ordinances and text in bold and underline added to the Code of
Ordinances:
Sec. 48-25. Intent.
The purpose of this article is to authorize the use of an unmanned cameras/monitoring
system traffic infraction detectors to promote compliance with red light signal
directives as proscribed by this article, and to adopt a civil enforcement system for red
light signal violations. all in accord with e:eneral law. includine: Chavter 2010-80.
Laws of Florida (2010) (the "Mark Wandall Traffic Safety Act" or the "Act"). This
article will also supplement law enforcement personnel in the enforcement of red light
signal violations and shall not prohibit law enforcement officers from issuing a citation
for a red light signal violation in accordance with other routine statutory traffic
enforcement techniques.
Sec. 48-26. Use of Image Capture Technologies
The city shall utilize image capture technologiestraffic infraction detectors as--a
supplemental vursuant to e:enerallaw as a means of monitoring compliance with laws
related to traffic control signals, while assisting law enforcement personnel in the
enforcement of such laws, which are designed to protect and improve public health,
safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws.
Nothing herein shall conflict with the primary jurisdiction of Miami-Dade County to
install and maintain traffic signal devices. This article shall serve to enable the City to
provide enhanced enforcement and respect for authorized traffic signal devices vursuant
to Florida Statutes. Sections 316.008 and 316.0083 (2010). The city may utilize image
capture technologies traffic infraction detectors as an ancillary deterrent to traffic
control signal violations and to thereby reduce accidents and injuries associated with such
violations. Notiees of infractions issued pursuant to this article shall be addressed using
the city s ovm Special Masters pursuant to Article V of Chapter 2 of the City Code and
not through uniform traffic citations or county courts This section shall not bar the use of
uniform traffic citations and the county courts when city police personnel decide not to
rely on this article as the enforcement mechanism for a specific violation.
Sec. 48-27. Definitions
The following definitions shall apply to this article:
Ordinance No. 2010-
Page Numb7r 3
Owner/vehicle owner. The person or entity identified by the Florida Department of Motor
Vehicles, or other State Vehicle Registration Office, as the registered owner of a vehicle.
Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months
or more.
Recorded images. Images recorded by a traffic control signal monitoring system/device
Traffic infraction detector which is operated in accordance with the Act.
(1) On:
a. Tv.'o or more photographs;
b. T'NO or more electronic images;
c. Two 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 and on at least one image, clearly identifying the
license plate number of the vehicle.
Red zone infraction. A traffic offense whereby a traffic control signal monitoring system
Traffic infraction detector indicates a violation of Section 48-28. established that a
vehicle entered an intersection controlled by a duly erected traffic control device at a time
when the traffic control signal for such vehicle's direction of tra':el 'Nas emitting a steady red
signal or whereby a traffic control signal monitoring system established that a vehicle did not
come to a complete stop before allo'#ing any part of the ';ehicle to enter into the intersection,
intersection line or crosswalk line, as applicable, at a time when the traffic control signal for
such ',ehicle's direction of travel was emitting a flashing red light or 'Nas inoperative or
malfunctioning.
Special Master The City s Code Enforcement Special Master as described in Chapter 2
.L\rticle V of the City Code.
Traffic Control Infraction EnforcementRc',,'icw Officer. The City Police Department
employee designated, pursuant to subsection 48-31 (b) herein, to review recorded images
and issue red zone infractions based upon those images.
Traffic control signal monitoring system/dcvicc. An electronic system consisting of one
or more vehicle sensors, \vorking in conjunction with a traffic control signal, still camera
and yideo recording deyice, to capture and produce recorded images of motor vehicles
entering an intersection against a steady red light signal indication.
Traffic infraction detector. A vehicle sensor(s) installed to work in coni unction with
a traffic control sie:nal and a camera or cameras synchronized to automatically
record two or more sequenced photoe:raphic or electronic imae:es or streamine: video
Ordinance No. 2010-
Page Number 4
of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop
bar or clearly marked stop line when facine: a traffic control sie:nal steady red lie:ht.
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
(a) Pursuant to e:enerallaw. Mmotor vehicle traffic facing a traffic control signal's
steady red light indication shall stop before entering the crosswalk on the near side of an
intersection or if none then before entering the intersection and shall remain standing
until a green indication is shown on the traffic control signal; however, the driver of a
vehicle which is approachine: stopped at a clearly marked stop line, but if none, is
approachine: before entering the crosswalk on the near side of the intersection or, if
none, then is approachine: at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering the
intersection in obedience of a steady red traffic control signal, may make a right turn in a
careful and prudent manner (unless such turn is otherwise prohibited by posted sign or
other traffic control device) but shall yield right-of-way to pedestrians and other traffic
proceeding as directed by the traffic control signal at the intersection.
(b) Pursuant to e:enerallaw. Mmotor vehicle traffic facing a traffic control signal that is
malfunctioning, inoperable or is emitting a flashing red light shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the near side of the
intersection, or if none, then at the point nearest to the intersecting roadway where the
driver has a view of approaching traffic on the intersecting roadway before entering the
intersection, and the right to proceed shall be subject to the rules applicable after making
a stop at a stop sign. In the event that only some of the traffic control signals within an
intersection are malfunctioning, inoperative or emitting a flashing red light the driver of
the vehicle approaching the malfunctioning, inoperative or flashing red traffic control
signal shall stop in the above prescribed manner.
Sec. 48-29. Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of section 48-28. Violations shall be
enforced pursuant to section 18 31F.S. & 316.0083.
See. 48 30. NiBety day Botiee; iBtroduetory period.
The Police Chief shall notify the City Manager when the red light camera system is
operating correctly at the initial location established. For the 90 days follov:ing said
Ordinance No. 2010-
Page Number 5
notification, unless the dri';er of a vehicle received a citation from a Police Officer at the
time of a red zone infraction in accordance with routine traffic enforcement techniques,
the '/ehicle owner shall receive a warning in the form of a courtesy notice of the
'/iolation. Commencing 91 days after the above referenced notification, the vehicle ovmer
is subject to the enforcement provisions as pro'/ided herein and no 'Narning shall be given
pursuant to this article.
Sec. 48-30. Implementation of General Law.
Within the City. the City Manae:er is authorized to implement the provisions and
requirements of Chapter 2010- 80. Laws of Florida (2010). as may be amended from
time to time. and may take any action which is necessary for such purpose.
Sec. 48-31. Review of recorded images.
(a) The owner of the vehicle which is observed by recorded images committing a red
zone infraction, shall be issued a notice of violation (hereinafter also known as a "notice")
no later than thirty (30) days after the red zone infraction occurs. The recorded
image shall be sufficient grounds to issue a notice.
(b) The City's Chief of Police shall designate one or more a-- Traffic Control Infraction
Enforcement Review Officer~, who shall be a-Police Officer~ of the City efand who
shall meet the qualifications set forth in F .S. S 316.640(5)(A), or any other relevant
statute. The Traffic Control Infraction EnforcementReview Officer shall review
recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic Control Infraction EnforcementRcview Officer
has verified the accuracy of the recorded images, he or she shall complete a report, and a
notice shall be sent to the vehicle owner at the address on record with the Florida
Department of Highway Safety and Motor Vehicles or the address on record with the
appropriate agency having such information in another state.
(c) If a vehicle owner receivine: a notice fails to pay the penalty imposed by F.S. &
316.0083 or to provide an affidavit that complies with the provisions of F.S. &
316.0083 within thirty (30) days of the date the notice is issued. then a Uniform
Traffic Citation shall be issued to the vehicle owner as provided by e:enerallaw. The
Uniform Traffic Citation shall be issued no later than sixty (60) days after the red
zone infraction occurs.
Ordinance No. 2010-
Page Number 6
Sec. 48-32. Notice of violation.
The notice of a red zone infraction shall be served via regular first class mail, and shall
be in the form as provided for in section 2 310 of the City Code, as applicable, but and
shall-al5e include:
(1) The name and address of the vehicle owner;
(2) The license plate number and registration number of the vehicle;
(3) The make, model, and year of the vehicle;
(4) Notice that the infraction charged is pursuant to this article;
(5) The date and time of the infraction;
(~6) The location of the intersection where the infraction occurred;
(67) Notice that there are recorded images relating to the vehicle and a statement that
the recorded images are evidence of a red zone infraction;A statement that the owner
has the ri2ht to review the recorded ima2es that constitute a rebuttable vresumvtion
a2ainst the owner. t02ether with a statement of the time and vlace or Internet
location where the evidence may be observed;
(18) Images depicting the infraction;
(9) Instructions on all methods of vavment of the venaltv;
(10) A statement svecifvin2 the remedies available under F.S. ~ 318.14;
(11) A statement that the owner must Day a venaltv of $158 to the City or vrovide
an affidavit that comvlies with F.S. ~ 316.0083 within thirty (30) days of the date the
notice is issued in order to avoid court fees. costs. and the issuance of a Uniform
Traffic Citation;
(8---ll) A signed statement by the Traffic Control Infraction EnforcementReview
Officer that, based on inspection of recorded images, the vehicle was involved in and was
utilized to commit a red zone infraction.
Sec. 48-41. Signage.
Ordinance No. 2010-
Page Number 7
The City shall, to the extent pructieable, at the primary motor vehicle entry points to the
City, eause to be erected and maintained signs, \yhich substantially meet the design
speeifications indicated in Exhibit "f.", providing notice of this article. Failure to erect,
maintain or create these signs shall not invalidate or impair any enforcement of this
article.
When the City installs a traffic infraction detector at an intersection. it shall erect
sie:nae:e at the intersection sufficient to notify the public that a traffic infraction
detector may be in use at the intersection and shall include specific notification of
intersection safety camera enforcement of violations concernine: rie:ht turns. Such
sie:nae:e shall meet the specifications for uniform sie:nals and devices adopted bv the
Department of Transportation pursuant to F.S. & 316.0745.
Section 3. Repeal. That Sections 48-33 through and including 48-40 of Article III of
Chapter 48 of the City Code, as created by Ordinance 2007-15, as amended, a copy of which
repealed sections are set forth in Exhibit "A" attached hereto and incorporated herein for
convenience of reference, are hereby repealed.
Section 4. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional such decision shall not affect the validity of the remaining
sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. That it is the intention of the City Commission
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 A ventura, that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section
or other appropriate word.
Section 6.
Savings, Ratification and Reservation of Rights.
A. That, in accordance with paragraph (C) below of this Section 6, all fines,
penalties, fees and costs imposed pursuant to the provisions of Article III of Chapter 48 of the
City Code, which provisions existed immediately prior to July 1, 2010, are hereby authorized,
approved, ratified and confirmed, and shall continue to be due and owing until paid to City.
B. That the Special Master operating pursuant to Article V of Chapter 2 of the City
Code, shall continue to have jurisdiction over any violations for which a hearing has been timely
Ordinance No. 2010-
Page Number 8
requested by the violator pursuant to the provisions of Article III of Chapter 48 of the City Code
which existed immediately prior to July 1,2010.
C. That notwithstanding any other provision of this Ordinance above, the provisions
of the Article III of Chapter 48 of the City Code, which existed immediately prior to July 1,
2010, shall remain in full force and effect solely to the extent necessary to effectuate paragraphs
(A) and (B) above of this Section 6, but shall not be applicable to any violation that occurred
from and after July 1,2010.
D. That City hereby preserves and reserves each and every right, power, authority,
benefit and exemption bestowed upon City and City's Dangerous Intersection Safety Program
(the "Program") pursuant to CSIHB 325 as enacted by Chapter 2010-80, Laws of Florida (2010),
including but not limited to any right, power, authority, benefit and/or exemption vested in City
or City's Program as having been established prior to July 1, 2010 or before other deadlines
established by the Act..
Section 7. Effective Date. That following adoption of this Ordinance on second
reading, this Ordinance shall be in full force and effect from and after July 1,2010.
The foregoing Ordinance was offered by Commissioner
on first reading. This motion was seconded by Commissioner
vote was as follows:
who moved its adoption
and upon being put to a vote, the
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
yes
yes
yes
absent
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
reading. This motion was seconded by Commissioner
follows:
who moved its adoption on second
and upon being put to a vote, the vote was as
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
--,--
PASSED AND ADOPTED on first reading this 1st day of June, 2010.
Ordinance No. 2010-
Page Number 9
PASSED AND ADOPTED on second reading this 1 ih day of June, 2010.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT" A"
(Note: City Code Sections (48-33 to 48-40, inclusive) which are set forth in this Exhibit "A" are
hereby repealed pursuant to Section 3 of the above Ordinance.)
Sec. 48-33. Vehicle owner responsibilities.
(a) A vehicle owner receiving a notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(b) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case
an order may be entered against the violator for an amount up to the maximum civil
penalty, plus any administrative costs.
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-34. Hearing before the Special Master.
(a) The City's Code Enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which
the vehicle owner timely requests an administrative hearing.
(b) Upon receipt of the named violator's timely request for an administrative hearing,
the City shall schedule a hearing before the Special Master pursuant to section 2-342 of
the City Code. Notice of hearing shall be provided to the vehicle owner pursuant to the
notice provisions contained in Article V of Chapter 2 of the City Code.
( c) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the
hearing. The vehicle owner may present testimony and evidence.
(d) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the City's Special
Master to enforce the provisions of this article, and shall constitute prima facie evidence
of the violation.
(e) Unless an affidavit is provided pursuant to section 48-35, it is presumed that the
person registered as the vehicle owner with the Florida Department of Motor Vehicles or
any other state vehicle registration office, or an individual having the owner's consent,
was operating the vehicle at the time of a red zone infraction.
Page 10f3
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-35. Vehicle owner affidavit of non-responsibility.
(a) In order for the vehicle owner to establish that the motor vehicle was, at the time of
the red zone infraction, either: (1) in the care, custody, or control of another person
without the consent of the registered owner or (2) was subject to a short term (less than
six months) car rental agreement entered into between a car rental agency, which is
licensed as required by applicable law and is authorized to conduct business in the State
of Florida, and the operator of the vehicle, the vehicle owner is required, within 20 days
from the date listed on the notice, to furnish to the City, an affidavit setting forth the
circumstances demonstrating, either: (1) that the motor vehicle was not in the vehicle
owner's care, custody, or control, and was not in the care, custody or control of another
person with the vehicle owner's consent or (2) that the motor vehicle was subject to a
short term (less than six months) rental agreement between the car rental agency
receiving the notice and the vehicle operator and provide a true and correct copy of the
short term car rental agreement, as applicable. The affidavit must be executed in the
presence of a notary, and include:
(1) If known to the vehicle owner, the name, address, and the driver's license
number of the person who had care, custody, or control of the motor vehicle,
without the vehicle owner's consent, at the 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 the car rental agency which has received the notice, at the
time of the alleged red zone infraction; or
(3) Ifthe vehicle was stolen, the police report indicating the vehicle was stolen at
the time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under
penalties of perjury, I declare that I have read the foregoing affidavit and that the
facts stated in it are true. "
(b) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution
of the notice issued to the vehicle owner shall be terminated. Proceedings may be
commenced by the City against the responsible person identified in the affidavit, and in
such event, the responsible person shall be subject to the same process and procedures
which are applicable to vehicle owners.
(Ord. No. 2007-15, S 2, 10-18-07)
Page 2 of3
Sec. 48-36. Administrative charges.
In addition to the penalty pursuant to section 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-37. Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-38. Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions (unless no
citation or charge is issued for a violation of a state statute related to said collision) or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-39. Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. S 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
(Ord. No. 2007-15, S 2, 10-18-07)
Sec. 48-40. Enforcement.
This article may be enforced by any other means available to the City.
(Ord. No. 2007-15, S 2, 10-18-07)
Page 3 of3
-
--
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - ORDINANCE MEETING JUNE 17, 2010
ORD. AMENDING ARTICLE III "DANGEROUS INTERSECTION SAFETY"
in the XXXX Court,
was published in said newspaper in the issues of
06/02/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County. Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount. rebate, commission or refund for the purpose
of sec. . vertisem t for publication in the said
spape .
Sworn to and subscribed before me this
02 day of JUNE
,A.D. 2010
~#.~ -
(SEAL)
MARIA MESA personally known to me
i~""'Y >>u"<t
. -
{,/. '-c
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For f'-C-
Notary Public Slale of Florida
Cheryl H MlIrme.
My Comml~IOfI 00793490
Expires 0711812012
-- -- --- - - -....,
I
I
I P~BLlC NOT:~707 ;:::::;O~D'~~NCEl
NOTICE IS HEREBY GIVEN that on Tuesday, the 17th day of Jun~,1
~2010, at a meeting of the City Commission of the City of Aventura to be
I held at 9 a.m. in the 5th floor Executive Conference Room oUhe Aventura1
Government Center, 19200 West Country Club Drive, Aventura, Florida,
the City Commission will consider the adoption of the following Ordinance I
Ion second reading, entitled: ' ' I
I AN ORDINANCE OFTHE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" -OF CHAPTER 48 "Vj:HICLES,
.USE OF RIGHT OF WAY, PARKING AND OTHER REGULATIONS;"
· PROVIDING FOR RECORDED IMAGE MONITORING AND'
I ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS
ICONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER
:2010-80,. LAWS OF FLORIDA (2010); PROVIDiN,G FOR
I SEVERABILITY; PROVIDING FOR INCLUSION IN THE, CODE'
PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF
RIGHTS; PROVIDING FOR AN EFFECTIVE DATE. > ,.
, ,
I The proposed Ordinance may be. inspected by the puoiic, at the
Of lice of the City Clerk, 19200 West Country Club Drive, Mentura,
llorida. Interested parties may appear at the Public Hearing and be heard
with respect to the proposed Ordinance. Any person wishing to address
I the City Commission on any item at this Public Hearing may do so after
the Mayor opens the public hearing. .
In accordance with the Americans with Disabilities Act of 1990, alii
'persons who are disabled and who need special ac~ommodations tOt
tparticipate in this proceeding because of that disability should contact the~
Office of the City Clerk, 305-466-8901, not later than two business days
prior to such proceedings.
'If a person decides to appeal any decision made by the City Commission
Iwith respect to any matter considered at a meeting or hearing, that person
.will need a record of the proceedings and, for such purpose, may m!ed to
,ensure that a verbatim record of the proceedings is made, which record
lincludes the testimony and evidence upon which the appeal is to be
based, . . . .
.612__
Teresa,M. Soroka, MMC City Clerk.
1 0:.4-3Q.0/148~~5.M
/
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review. a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED
ORDINANCE - JUNE 17, 2010
in the XXX X Court,
was published in said newspaper in the issues of
06/04/2010
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate ission or refund for the purpose
of secur" . ve i or ublication in the said
spaper.
Sworn to and subscribed before me this
?3f~
(SEAL)
M. MESA personally known to me
~",~~:'I-;:Ii:'~ B. THOM~~\$ ,
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J
J
t _ _CITYOFA~ENTIIRA
IPUBLlC NOTICE OF PROPOSED ORDINANC. E I
(BEPUBLlSHED TO CLARIFY DATE)
!NOTICE IS HEREBY GIVEN that on Thursday, the 17th day of June,
e010, ala meeting of the City Commission of the City of Aventura to be
lheld at 9 a.m. in the 5th floor Executive Conference Room of the Aventura
hovernment Center, 19200 West Country Club Drive, Aventura, Florida,
~the City Commission will consider the adoption of the following Ordinance
'on second reading, entitled: .
IAN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA AMENDING
fHE CITY CODE BY AMENDING ARTICLE III "DANGEROUS I,,!TER-
SECTION SAFETY" OF CHAPTER 48~VEHICLES, USE OF RIGHT OF
WAY, PARKING AND OTHER REGULATIONS;" PROVIDING FOR RE-
CORDED IMAGE MONITORING AND ENFORCEMENT OF RED
LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH GENERALI
LAW AS PROVIDED BY CHAPTER 201 0-80, LAWS OF FLORIDA
(2010); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLU-
SION IN THE CODE; PROVIDING FOR SAVINGS, 'RATIFICATION;
AND RESERVATION OF RIGHTS; PROVIDING FOR AN EFFE.CTIVi'
f.DATE' , -
The proposed Ordinance may be inspected by the public at the Office ofj
the City Clerl<, 19200 West Country Club Drive, Aventura, Florida. Inter-,
ested parties may appear at the Public Hearing and be heard with respect
to the proposed Ordinance. Any person wishing to address the City Com~1
mission on any item at this Public Hearing may do so after the Mayor.1
opens the Pllblic hearing. .
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici,J
pate in this proceeding because of that disability should contact the Olficej
of the City Clerl<, 305-466-8901, not later)han two business days prior to;
such proceedings. ../
If ~ perso'n decides to appeal any decision m~de by the City comkion.
with respect to any matter considered at a meeting or hearing, that person
will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence' upon which me appeal is to be
based. ,/
Teresa M.Soroka, MMC City Clerk
1 Q*29S!..1~90997M
6/4