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04-28-2016 WorkshopThe City f ®CityCommission )Tei ff ura WorkshopMeeting April 28 2016 F �,,,. Immediately following Commission Meeting 19200 west country Club Drive Aventura, FL 33180 Executive Conference Room AGENDA 1. Update on AG Opinion Regarding Drones (City Attorney)* 2. Proposed LDR Text Amendment for Electric Vehicle Showrooms (City Manager) * 3. Discussion on Noise Ordinance (Commissioner Narotsky) * 4. Proposed Reorganization Plan (City Manager) ** 5. Site Plan Application Update (City Manager) ** 6. Adjournment * Back-up Information Exists ** PowerPoint Presentation This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, 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, 305-466-8901, not later than two days prior to such proceeding. MEMORANDUM TO: City Commission of the City of Aventura, Florida FROM: David M. Wolpin, City Attorney's Office DATE: April 21, 2016 SUBJECT: Request to Consider Adoption of Drone Ordinance April 28,2016 City Commission Workshop We have drafted the attached proposed Ordinance for City Commission consideration. The proposed Ordinance consists of two primary components for a new Article VIII "Drone Regulations and Privacy Protections"of Chapter 30 "Environment "of the City Code, as follows: (1) Creation of City Code Section 30-210 " Drone Restrictions at Public Gatherings"; and (2) Creation of Section 30-211 "Protection of Privacy from Drone Use." Section 30-210 is intended to protect the public safety by prohibiting drones from being flown within or over defined Public Gatherings in the City. Section 30-211 is intended to enable the city code enforcement special magistrate system to be used to address violations of city residents' privacy protections arising from drone use within the City. Section 30-211 is modeled after Section 934.50(5) (b), Florida Statutes, and embodies a code enforcement approach for privacy protection. The statute relies on a civil action law suit remedy. The City's innovative, proposed code enforcement approach is supported by the March 30, 2016 Attorney General Opinion 16-04 (2016), which was requested by the City. An additional component of the proposed Ordinance is that Section 6 "Implementation", enables the City Manager to investigate the potential purchase and deployment of technological devices and systems which may enable the safe immobilization of drones which are found to be operated in violation of the Ordinance or applicable laws within the City. If the City Commission desires to proceed with the proposed Ordinance, we would recommend that we be authorized to contact the FAA Office of Regional Counsel for approval of the Ordinance or for a statement of"no objection" from the FAA concerning the Ordinance. Once you have had an opportunity to review the proposed draft Ordinance, please advise us of any questions. Copy: City Manager, City Clerk Attachments: Proposed Ordinance; Attorney General Opinion 16-04 (2016); Section 934.50, F.S. ORDINANCE NO. 2016- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 30 "ENVIRONMENT", BY CREATING ARTICLE VIII "DRONE REGULATIONS AND PRIVACY PROTECTIONS", BY CREATING SECTION 30-210 "DRONE RESTRICTIONS AT PUBLIC GATHERINGS"; TO REGULATE AND RESTRICT DRONE USE IN AND OVER OUTDOOR PUBLIC GATHERINGS, AND BY CREATING SECTION 30-211 "PROTECTION OF PRIVACY FROM DRONE USE" TO PROVIDE FOR A CODE ENFORCEMENT MECHANISM CONCERNING ANY USE OF A DRONE THAT VIOLATES INDIVIDUAL PRIVACY AS PROTECTED BY SECTION 934.50, FLORIDA STATUTES; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura ("City") finds that it is necessary to amend Chapter 30 "Environment" of the City Code to restrict Drone operations at outdoor public gatherings within the City, and to afford a means of protecting personal privacy from Drone intrusions via City Code enforcement mechanisms; and WHEREAS, the City Commission has held the required public hearing, duly noticed in accordance with law; and WHEREAS, the City Commission finds that this proposed Ordinance serves to further enhance the protection of the public health, safety and welfare. NOW, THEREFORE,IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above- stated recitals is hereby adopted and confirmed. Section 2. City Code Amended. That Article VIII "Drone Regulations and Privacy Protections" is hereby created within Chapter 30 "Environment" of the City Code, consisting of Section 30-210 " Drone Restrictions at Public Gatherings", and Section 30-211 " Protection of Privacy from Drone Use ", to read as follows: ARTICLE VIII. DRONE REGULATIONS AND PRIVACY PROTECTIONS Section 30-210- Drone Restrictions at Public Gatherings (a) Purpose and intent. This Section is intended to promote public safety and protect people attending outdoor public gatherings from dangers posed by the flying of unmanned aircraft systems (the "UAS" or "Drones") in and over such public gatherings. The City Commission wishes to regulate the use of Drones at outdoor venues where people gather, such as parks and athletic field facilities, open spaces and similar areas that may attract groups of people. The restrictions of this Section are intended to protect persons gathered in groups where a Drone incident would cause greater harm and risk of injury due to a greater number of people gathered in a close proximity. This Section shall not be construed to conflict with FAA regulations. but rather to operate in conjunction with those regulations to promote public safety. (b) Definitions. As used herein, the following terms shall have the meaning which is indicated below: Operator shall mean the person or corporation that operates or controls a Drone. Public Gatherings shall mean an outdoor area within the City of Aventura at which more than fifty (50) people congregate or assemble to observe and/ or participate in an athletic or sporting event, festival, show , outdoor movie, concert, exhibit , or engage in an organized demonstration or similar free speech activity, which is held in a public space, open space, plaza, street, park. athletic field. school grounds. shopping center or mall parking lot. or any open-air facility, when the time. date and location of such Public Gathering is posted on the City's website for the purpose of providing advance notice to the public and Drone Operators. The date of such posting on the City's website shall be at least three (3) days prior to the date of the Public Gathering in order to be considered effective notice under this provision. Unmanned aircraft systems ((LAS or Drone) shall mean a powered. aerial vehicle as defined in Section 934.50(2)(a), Florida Statutes, which statutory definition is hereby incorporated herein. (c) Prohibitions. Unless otherwise exempt under this Section, a Drone is prohibited from being deployed, launched or flown in any airspace within or over any Public Gathering, as defined above. Accordingly, no person shall deploy, launch or fly a Drone in any airspace within or over a Public Gathering in the City. (d) Exemptions. This Section shall not prohibit the use of a Drone by any law enforcement or fire rescue agency, public utility, or local, county, regional, state, or federal governmental agency for lawful purposes and operated in a lawful manner. Notwithstanding 2 the prohibitions set forth in this Section. nothing in this Section shall be construed to apply to ally person who demonstrates that such person is expressly authorized by the Federal Aviation Administration to operate a Drone in City air space at a Public Gathering. ill accordance with the authority granted by the Federal Aviation Administration. (e) Enforcement. (1) Penalty. Any person in violation of any provision of this Section shall be subject to the penalty provided in Section 1-14 of the City Code. However, in addition to, or in lieu of any such penalty. the city shall have the power to sue in civil court and/ or to enforce the provisions of this Section before its code enforcement special magistrate established in Chapter 2. Section 2-331. et. seq. of the Code of the City of Aventura. as amended. (2) In addition to the penalties referenced above. a Drone operated in violation of this Section may be impounded by a Police Officer of the City and held until the conclusion of the applicable court or code enforcement proceedings. Section 30-211. Protection of Privacy from Drone Use. (1) SHORT TITLE. —This Section may be cited as the"Drone Privacy Protection Ordinance." (2) DEFINITIONS. —As used in this Section, the term: (a) "Drone" means a powered, aerial vehicle as defined in Section 934.50(2)(a), Florida Statutes , which statutory definition is hereby incorporated herein. (b) "Image" means a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property. (c) "Imaging device" means a mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting an image. (d) "Surveillance" means: 1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or 2. With respect to privately owned real property, the observation of such property's physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons. 3 (3) PROHIBITED USE OF DRONES. (a) A person shall not use a Drone equipped with an Imaging Device to record an Image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct Surveillance on the individual or property captured in the Image in violation of such person's reasonable expectation of privacy without his or her written consent. For purposes of this Section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a Drone. (b) No person shall engage in conduct which is prohibited by paragraph (a) above. (c) This Section is intended to prohibit conduct by a person that would give rise to a cause of action under Section 934.50(5)(b), Florida Statutes, as authorized by Florida Attorney General Opinion 16-04( 2016). (4) EXCEPTIONS. This section does not prohibit the use of a Drone: (a) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the Drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person's or entity's license. However, this exception does not apply to a profession in which the licensee's authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons. (b) By an employee or a contractor of any local, county, state or federal governmental agency who uses a Drone solely for governmental purposes. (c) To capture Images by or for an electric, water, or natural gas utility: 1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and integrity; 2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities; 3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way; 4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or 4 5. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit. (d) For aerial mapping, if the person or entity using a Drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (e) To deliver cargo, if the person or entity using a Drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (I) To capture Images necessary for the safe operation or navigation of a Drone that is being used for a purpose allowed under federal or Florida law. (5) ENFORCEMENT FOR VIOLATION. The City may initiate City code enforcement proceedings, and impose administrative fines and costs, pursuant to Section 2-331, et. seq. of Chapter 2 of the City Code against any person in violation of paragraph(3) of this Section, at the written request of the owner, tenant, occupant, invitee, or licensee of privately owned real property within the City who is aggrieved by a violation of this Section or Section 934.50(5)(b), Florida Statutes. Alternatively, such code enforcement proceedings may be commenced upon the City's own initiative. Section 3. 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 4. 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 Aventura; 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 5. Penalty. That any person who violates any provisions of Section 30-210 of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or 5 imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Implementation. A. That the City Manager is authorized to take any action which is necessary to implement and enforce this Ordinance. B. Further, the City Manager is authorized to investigate the potential purchase and deployment of technological devices and systems which may enable the safe immobilization of drones which are found to be operated in violation of this Ordinance or applicable laws within the City. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman 6 The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Commissioner Teri Holzberg Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED on first reading this day of , 2016. PASSED AND ADOPTED on second reading this day of ,2016. Enid Weisman, Mayor ATTEST: Ellisa Horvath, MMC City Clerk Approved as to Form and Legal Sufficiency For City's Reliance Only: City Attorney 7 (04.0.7_&y 7 it S OF ast Fvo, STATE OF FLORIDA PAM BONDI ATTORNEY GENERAL March 30, 2016 16-04 Mr. David M. Wolpin Attorney for the City of Aventura 2525 Ponce De Leon Boulevard Suite 700 Coral Gables, Florida 33134 Dear Mr. Wolpin: On behalf of the City of Aventura, you ask the following: Does section 934.50, Florida Statutes, preempt the adoption of a municipal ordinance prohibiting the use of drones equipped with imaging devices within the city's limits by private individuals and entities, when such use invades the privacy rights of the city's residents? In sum: Section 934.50, Florida Statutes, does not preempt the adoption of a municipal ordinance prohibiting the use of drones by private individuals for surveillance which invades the privacy rights of the city's residents. You state that the City of Aventura is contemplating the enactment of an ordinance to prohibit the unauthorized use of surveillance drones by private persons, when such use invades the privacy rights of citizens. The proposed ordinance would track the statutory exclusions from the prohibition in section 934.50(4), Florida Statutes, and would impose civil penalties for its violation pursuant to the authority in Chapter 162, Florida Statutes) The city, however, questions whether such an ordinance would be preempted by or be in conflict with section 934.50, Florida Statutes, the "Freedom from Unwarranted Surveillance Act."2 I Chapter 162, Fla. Stat, establishes administrative enforcement procedures and a means of imposing administrative fines by local governing bodies for violations of local codes and ordinances for which no criminal penalty has been specified. 2 While you have limited your inquiry to the impact of s. 934.50, Fla.Stat., the Federal Aviation Authority and federal law may be implicated in the regulation of drones. Regrettably, this office does not interpret federal law, so it may be advisable to contact the Federal Aviation Authority for further direction. PL-01, The Capitol, Tallahassee,Florida 32399-1050, Telephone(850)414-3300 Fax(850)487-2564 Mr. David M. Wolpin Page Two Initially, I would note that the discussion below generally addresses the provisions in section 934.50, Florida Statutes, and does not speak to the specific language the city may use in its ordinance. Section 934.50(3), Florida Statutes, in prohibiting the use of drones,3 provides: (a) A law enforcement agency may not use a drone to gather evidence or other information. (b) A person, a state agency, or a political subdivision as defined in s. 11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone. Specific exceptions to the prohibition against the use of drones are enumerated.4 3 Section 934.50(2)(a), Fla. Stat., provides: °Drone'means a powered, aerial vehicle that: 1. Does not carry a human operator; 2. Uses aerodynamic forces to provide vehicle lift; 3. Can fly autonomously or be piloted remotely; 4. Can be expendable or recoverable; and 5. Can carry a lethal or nonlethal payload. Section 934.50(4), Fla. Stat.: EXCEPTIONS.—This section does not prohibit the use of a drone: (a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk. (b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone. (c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person. (d) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to Mr. David M. Wolpin Page Three The statute further provides remedies for violation of its terms: (5)(a) An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this section. (b) The owner, tenant, occupant, invitee, or licensee of privately owned real property may initiate a civil action for compensatory damages for violations of this section and may seek injunctive relief to prevent future violations of this section against a person, state agency, or political subdivision that violates paragraph (3)(b). In such action, the prevailing party is entitled to recover reasonable attorney fees from the nonprevailing party based on the actual and reasonable time expended by his or her attorney billed at an appropriate hourly rate and, in cases in which the payment of such a fee is contingent on the outcome, without a multiplier, unless the action is tried to verdict, in which case a multiplier of up to twice the actual value of the time expended may be awarded in the discretion of the trial court. (c) Punitive damages for a violation of paragraph (3)(b) may be sought perform reasonable tasks within the scope of practice or activities permitted under such person's or entity's license. However,this exception does not apply to a profession in which the licensee's authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations,transactions, reputation, or character of any society, person, or group of persons. (e) By an employee or a contractor of a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation. (f) To capture images by or for an electric, water, or natural gas utility: 1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas,or water, for the purpose of maintaining utility system reliability and integrity; 2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities; 3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way; 4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or 5. For conducting environmental monitoring, as provided by federal, state,or local law, rule, or permit. (g) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (h) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (i) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law. Mr. David M. Wolpin Page Four against a person subject to other requirements and limitations of law, including, but not limited to, part II of chapter 768 and case law. (d) The remedies provided for a violation of paragraph (3)(b) are cumulative to other existing remedies.5 Section 166.021(1), Florida Statutes, a provision of the "Municipal Home Rule Powers Act,"states that municipalities may exercise any power for municipal purposes except when expressly prohibited by law. Section 166.021(3), Florida Statutes, provides that pursuant to the authority set forth in section 2(b), Article VIII, Florida Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject upon which the state Legislature may act except, among other things, any subject that is expressly prohibited by the constitution or any subject that is expressly preempted to state or county government by the Constitution or by general law.5 The term "express" as used in section 166.021, Florida Statutes, has been construed to mean a reference that is distinctly stated and not left to inference.' A review of section 934.50, Florida Statutes, does not reveal an express preemption of the regulation of drones, nor do the provisions of the statute appear to be so pervasive so as to preclude any other regulation by a local governments At this time, there does not appear to be a uniform state law which would preempt local regulation of the use of drones by private persons in the manner proposed by the city. As was established in City of Miami Beach v. Rocio Corporation: The principle that a municipal ordinance is inferior to state law remains undisturbed. Although legislation may be concurrent, enacted by both state and local governments in areas not preempted by the state, concurrent legislation enacted by municipalities may not conflict with state law. If conflict arises, state law prevails. An ordinance which supplements a statute's restriction of rights may coexist with that statute, whereas an ordinance which countermands rights provided by statute must fail. 5 Section 934.50(5), Fla. Stat. • Section 166.021(3)(b)and (c), Fla. Stat. See Edwards v. State,422 So. 2d 84, 85 (Fla. 2d DCA 1982); Op.Att'y Gen. Fla. 84-83(1984). Cf. Pierce v. Division of Retirement, 410 So. 2d 669, 672(Fla. 2d DCA 1982). • Compare Inf. Op. to Mr. James D. Palermo, dated September 25, 2002, Florida's Beverage Law does not expressly preempt local regulation prohibiting individuals under the age of 21 from entering a bar. 404 So. 2d 1066, 1070(Fla. 3d DCA 1981),petition for review denied, 408 So. 2d 1092 (Fla. 1981). Mr. David M. Wolpin Page Five Accordingly, it is my opinion that section 934.50, Florida Statutes, does not preempt the adoption of a municipal ordinance prohibiting the use of drones equipped with imaging devices within the city limits by private individuals and entities, when such use invades the privacy rights of the city's residents. incerely, am Bon Cli Attorney General PB/tis Mr. David M. Wolpin Page Six RE: MUNICIPALITIES—MUNICIPAL CODE ENFORCEMENT— DRONES—PRIVACY RIGHTS. Authority of municipality to enact ordinance prohibiting private use of drones to invade privacy rights of citizens. s. 934.50, Fla. Stat. Statutes&Constitution:View Statutes :Online Sunshine Online Sunshine Official Internet Site of the Florida Legislature April 21, 2016 Search Statutes: 2015 Search Advanced Legislative Search and Browse Home Senate Select Year: 2015 House Citator Statutes. Constitution, a Laws of Florida The 2015 Florida Statutes Florida Statutes Search Statutes Search Ti. Florida Constitution Title XLVII Chanter 934 View Entire Laws of Florida Legislative a Executive CRIMINAL PROCEDURE AND SECURITY OF COMMUNICATIONS; Chanter Branch Lobbyists CORRECTIONS SURVEILLANCE Information Center 934.50 Searches and seizure using a drone.— Joint Legislative Committees a (1) SHORT TITLE.—This act may be cited as the "Freedom from Unwarranted Surveillance Act." Other Entities (2) DEFINITIONS.—As used in this act, the term: Historical Committees (a) "Drone" means a powered, aerial vehicle that: Florida Government Efficiency Task Force 1. Does not carry a human operator; Legislative Employment 2. Uses aerodynamic forces to provide vehicle lift; Legistore 3. Can fly autonomously or be piloted remotely; Links 4. Can be expendable or recoverable; and 5. Can carry a lethal or nonlethal payload. Interpreter Services (b) "Image" means a record of thermal, infrared, ultraviolet, visible light, or other for the Hearing Impaired electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property. My Florida House (c) "Imaging device" means a mechanical, digital, or electronic viewing device; still camera; ACTSlicamcorder; motion picture camera; or any other instrument, equipment, or format capable of i S44'"/ _ recording, storing, or transmitting an image. (d) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws. (e) "Surveillance" means: 1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or 2. With respect to privately owned real property, the observation of such property's physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons. (3) PROHIBITED USE OF DRONES.— (a) A law enforcement agency may not use a drone to gather evidence or other information. (b) A person, a state agency, or a political subdivision as defined in s. 11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real http://www.leg.state.fl.us/...UTES/index.cfm?App_mode=Display Statute&SearehString=&U RL=0900-0999/0934/Sections/0934.50.html[4/212016 10:45:34 AM I Statutes&Constitution:View Statutes:Online Sunshine property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone. (4) EXCEPTIONS.—This section does not prohibit the use of a drone: (a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk. (b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone. (c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person. (d) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person's or entity's license. However, this exception does not apply to a profession in which the licensee's authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons. (e) By an employee or a contractor of a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation. (f) To capture images by or for an electric, water, or natural gas utility: 1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and integrity; 2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities; 3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of- way; 4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or 5. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit. (g) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (h) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations. (i) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law. (5) REMEDIES FOR VIOLATION.— (a) An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this section. (b) The owner, tenant, occupant, invitee, or licensee of privately owned real property may initiate a civil action for compensatory damages for violations of this section and may seek injunctive relief to prevent future violations of this section against a person, state agency, or political subdivision that violates paragraph (3)(b). In such action, the prevailing party is entitled to recover reasonable attorney fees from the nonprevailing party based on the actual and reasonable http://www.legslate.Fl.us/._UTHS/index.cfm?App_mode=Display_Statute&Search_String=&URL-0900.0999/0934/Sections/0934.50.htmll4/21/2016 10:45:34 AM] Statutes&Constitution:View Statutes:Online Sunshine time expended by his or her attorney billed at an appropriate hourly rate and, in cases in which the payment of such a fee is contingent on the outcome, without a multiplier, unless the action is tried to verdict, in which case a multiplier of up to twice the actual value of the time expended may be awarded in the discretion of the trial court. (c) Punitive damages for a violation of paragraph (3)(b) may be sought against a person subject to other requirements and limitations of law, including, but not Limited to, part II of chapter 768 and case law. (d) The remedies provided for a violation of paragraph (3)(b) are cumulative to other existing remedies. (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution in any court of law in this state. History.—s. 1,ch. 2013-33; s. 1, ch. 2015-26. Copyright 1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.legislate.Fl.us/...UTLS/index.efm?App_modrDisplay_Statute&Search_String—&URL-0900-0999/0934/Sections/0934.50.hlmlL4/212016 10:45:34 AM] 1111 BERCOW RADELL & FERNANDEZ ZONING• LAND USE AND ENVIRONMENTAL LAW DIRECT LINE:(305)377-6238 E-MAIL: mmaRaroebaoninolaw.com VIA ELECTRONIC MAIL April 15,2016 Eric Soroka,City Manager City of Aventura 19200 West Country Club Drive, 5th Floor Aventura,Florida 33180 Re: Electric Vehicle Showroom-City Commission Workshop April 28,2016 Dear Eric: As you know, this office represents Turnberry Associates and the affiliated owners of Aventura Mall. We have previously discussed with you a text amendment to the City's land development regulations that would permit electric vehicle showrooms in the B-2 zoning district. I believe we have arrived at language that will work for the mall, while addressing the City's concerns and we look forward to discussing this proposal with the City Commission. Please place the attached proposed language on the City Commission's Workshop scheduled for April 28th, 2016 so that we can receive comments from the commission and hopefully move this proposal forward. Please contact me at (305) 377-6238 if you have any questions. Sincerely, � Michael J. Marrero SOUTHEAST FINANCIAL COlT6i•200 SOUTH BISCAYNE BOULEVARD, SUITE 870•MIAMI, FLORIDA 33131 PHONE.306274.3300•FAX.306.3772222•W W W.BRONINDLAW.COM PROPOSED ELECTRIC VEHICLE SHOWROOM AMENDMENT For parcels that include one or more shopping center buildings that contain more than 1,000,000 square feet of gross leasable area and do not exceed five stories in height, an electric vehicle retail sales and showroom conforming to the following criteria: (a) no more than one(1)electric vehicle retail showroom shall be allowed on the parcel, and (b) no on-site vehicle storage/stock beyond the showroom and vehicles for test drives shall be allowed, and (c)no more than six(6)electric vehicles produced by the electric vehicle motor company shall be stored on site, outside of the showroom,to be used for test drive purposes, and (d)no delivery of vehicles and/or service of vehicles shall be permitted on site, and (e)such other conditions as may be recommended by the City Manager to the City Commission. CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soroka, ICMA-CM, City Manager FROM: Commissioner Marc Narotsky DATE: April 11, 2016 SUBJECT: Discussion on Noise Code Please place on the April Workshop Meeting Agenda a discussion on amending the following paragraph of Section 30-33 of the City Code's Noise Regulations: (9) Commercial maintenance equipment. The use of commercial maintenance equipment which creates a noise disturbance in connection with the operation of the equipment within 100 feet of any residential area between 7:00 p.m. and 7:00 a.m. on weekdays, and 7:00 p.m. and 8:00 a.m. on weekends and holidays. Thank you.