Legislative Matter

Miami-Dade Legislative Item
File Number: 102260

Printable PDF Format

Clerk's Official Copy

File Number: 102260

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 11-01

Control: Board of County Commissioners

File Name: RED LIGHT CAMERA - RE; TRAFFIC INFRACTION DETECTOR

Introduced: 9/17/2010

Requester: NONE

Cost:

Final Action: 1/20/2011

Agenda Date: 1/20/2011

Agenda Item Number: 7A

Notes:

6WKS/4WKS REQUIRED

Title:

ORDINANCE RELATING TO TRAFFIC INTERSECTION SAFETY AND RED LIGHT VIOLATIONS; CREATING SECTION 30-422 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING AND REGULATING THE USE OF TRAFFIC INFRACTION DETECTORS IN THE UNINCORPORATED AREA CONSISTENT WITH THE MARK WANDALL TRAFFIC SAFETY ACT; PROVIDING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM 11A13)

Indexes:

RED LIGHT CAMERA

Sponsors:	Joe A. Martinez, Prime Sponsor
	Sally A. Heyman, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	1/20/2011	7A	Adopted				P
REPORT:	Commissioner Moss commented on a recent newspaper article regarding red light districts in West Palm Beach and the increased numbers of citations being challenged and thrown out of court. He expressed concern that the public was viewing intersection cameras as a way for state and local governments to increase their revenue and stated he could not support the proposed ordinance at this time. Commissioner Sosa expressed her support of this ordinance, however, commented on the need to eliminate the issuance of citations for right hand turns on red.

Commission Auditor	1/10/2011		Legislative notes attached		1/20/2011

Health, Public Safety & Intergovernmental Cmte	12/16/2010	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing. Hearing no one wishing to speak before the Committee, Chairwoman Heyman closed the public hearing. It was moved by Commission Monestime that the Committee forward this proposed ordinance as presented. Chairwoman Heyman seconded this motion for discussion. Commissioner Martinez, the sponsor, explained the intent of the implementation of the Red Light Camera Program for Miami-Dade County, along with the regulations for the use of traffic infraction detectors in the unincorporated areas. He respectfully asked the Committee members to forward this proposed ordinance to the full Board of County Commissioners (BCC). Chairwoman Heyman noted that she was a cosponsor of this proposed ordinance and the collaborative efforts by concerned parties to identify the most dangerous intersections. Commissioner Sosa noted the cost factor and implied that the Red Light Camera Program would not improve public safety. She pointed out that her resolution (R-1057-10) urged the State of Florida Legislature to revisit the red light camera legislation regarding right turns and provide a funding mechanism for the additional burden the law placed on the court system. Commissioner Martinez stated the resolution sponsored by Commissioner Sosa also urged the Legislature to better address red light camera enforcement on right turns, including prohibiting red light camera enforcement of right turns. Commissioner Monestime noted that there had been several complaints regarding the lack of a fair hearing for drivers cited with red light violations/citations. He asked for a suggestion on how to proceed with the high volume of complaints on this matter. In response to Commissioner Monestime’s question, Commissioner Martinez noted that the hearings were fair for the drivers cited with these citations. A brief discussion ensued between Commissioners Monestime and Martinez regarding the potential increase in caseloads for the Clerk of Courts and the data for saving lives and preventing accidents. Chairwoman Heyman noted that the data for saving lives was available and would be presented to the BCC when it heard this proposed ordinance. Commissioner Martinez stated that the data could be provided to Commissioner Monestime today (12/16) by the MDPD. Commissioner Diaz questioned the County Attorney’s Office regarding a way for the County to govern municipalities on the red light right turn law. In response to Commissioner Diaz’ question, Assistant County Attorney Jess McCarty stated that the County could not prohibit municipalities from issuing red light camera violations. He pointed out the State law authorized both cities and counties to address red light camera enforcement on right turns. Further discussion ensued among the Committee members and Commissioner Martinez regarding the red light camera enforcement on right turns, traffic safety and tourism surveys conducted on this issue that rated Miami-Dade one of the worst in the nation for having rude and inconsiderate drivers. A discussion ensued between Chairwoman Heyman and Assistant County Attorney McCarty regarding the requirement for and the acquirement of signage and permits from the County to install traffic infraction detectors. Chairwoman Heyman proffered Commissioner Martinez, the sponsor, with clarification that the legislative intent was to make intersections safe for vehicles and pedestrians that shared the roadways; for stopping or reducing crashes; and/or bringing drivers into compliance. Following Chairwoman Heyman’s comments regarding a requirement for signage at intersections, Assistant County Attorney McCarty advised the legislation already required signage at any intersection that had red light camera. He indicated that, in addition, the legislation specifically required an indication for the issuance of red light camera violations related to right turns. Commissioner Sosa questioned whether the County could impose for County roads different legislation from that passed by the Florida Legislature, the Mark Wandall Traffic Safety Act. She asked if the County Attorney’s Office could draft a resolution calling for the unification and integration of Commissioner Martinez’ proposal for no right turn ticketing throughout Miami-Dade County. In addition, she asked the County Attorney’s Office to research the item regarding municipal governments taking over County roads to ticket violators. She asked that the research occur before this item was presented to the County Commission. She also asked that Commissioner Martinez’ consider an amendment to add her suggestion to his proposal. Commissioner Sosa noted she requested the preparation of a resolution urging the Florida Legislature to support the unified law in Miami-Dade County. In response to Commissioner Sosa’s comments regarding municipalities, Commissioner Martinez stated six-week notification to municipalities would be required. He also suggested the placement of the logo of the enforcement agency on the signage. The Committee proceeded to vote on the foregoing proposed ordinance as presented. Commissioner Barreiro suggested that this proposal remain open-ended; therefore, municipalities that planned to install systems in the future could piggyback on the County’s system and obtain better pricing on the systems and equipment.

Board of County Commissioners	10/7/2010		Municipalities notified of public hearing	Health, Public Safety & Intergovernmental Cmte	12/16/2010	10/5/2010

Board of County Commissioners	10/5/2010	4C	Adopted on first reading		12/16/2010		P
REPORT:	First Assistant County Manager Abigail Price-Williams read into the record the foregoing proposed ordinance. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance by roll call vote as presented. The foregoing ordinance was adopted on first reading and set for a public hearing before the Health, Public Safety and Intergovernmental Committee (HPSIC) meeting of Thursday, December 16, 2010, at 2:00 PM.

Board of County Commissioners	10/5/2010		Tentatively scheduled for a public hearing	Health, Public Safety & Intergovernmental Cmte	12/16/2010

Board of County Commissioners	9/20/2010		Requires Municipal Notification	Health, Public Safety & Intergovernmental Cmte	12/16/2010

County Attorney	9/17/2010		Assigned	Jess M. McCarty

County Attorney	9/17/2010		Referred	Health, Public Safety & Intergovernmental Cmte	12/16/2010

Legislative Text

TITLE
ORDINANCE RELATING TO TRAFFIC INTERSECTION SAFETY AND RED LIGHT VIOLATIONS; CREATING SECTION 30-422 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING AND REGULATING THE USE OF TRAFFIC INFRACTION DETECTORS IN THE UNINCORPORATED AREA CONSISTENT WITH THE MARK WANDALL TRAFFIC SAFETY ACT; PROVIDING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, during the 2010 state legislative session, the Florida Legislature passed HB 325, the Mark Wandall Traffic Safety Act, authorizing the use of cameras for red light enforcement, and on May 13, 2010, the Governor signed HB 325 into law, Chapter 2010-80, Laws of Florida; and
WHEREAS, HB 325 authorizes cities, counties and the Florida Department of Highway Safety & Motor Vehicles to install traffic infraction detectors, also known as red light cameras; and
WHEREAS, HB 325 requires any traffic infraction detectors that are installed to meet specifications established by the Florida Department of Transportation no later than December 31, 2010; and
WHEREAS, HB 325 also requires signage at any intersection where traffic infraction detectors are installed and a public awareness campaign no less than 30 days before traffic infraction detectors are installed; and

WHEREAS, HB 325 provides that no points shall be imposed for red light violations identified by camera and prohibits insurers from using red light violations identified by camera for the purposes of setting motor vehicle insurance rates; and
WHEREAS, HB 325 imposes a fine of $158 for red light violations identified by camera, of which $75 would be retained by the County and $70 would go to the state general revenue fund; and
WHEREAS, $10 from each red light camera violation would go to trauma centers, including Jackson Memorial Hospital, while $3 from each red light camera violation would go to the Miami Project to Cure Paralysis; and
WHEREAS, traffic infraction detectors to deter red light violations can reduce accidents and improve public safety at intersections in Miami-Dade County,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30-422 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 30-422. Traffic intersection safety and traffic infraction detectors.
(1) Purpose and intent. The purpose of this ordinance is to implement the Mark Wandall Traffic Safety Act, Chapters 2010-80 and 2010-163, Laws of Florida (HB 325 and HB 5501), as such may be amended from time to time (hereinafter the �Mark Wandall Traffic Safety Act� or the �Act�), in order to promote, protect and improve the health, safety and welfare of individuals and protect property in Miami-Dade County.
(2) Scope of regulation and applicability. The provisions of this section shall apply to and be enforced in only the unincorporated areas of Miami-Dade County.
(3) Use of Traffic Infraction Detectors. Miami-Dade County hereby exercises its authority pursuant to the Mark Wandall Traffic Safety Act to use traffic infraction detectors within the unincorporated areas of Miami-Dade County to enforce the Uniform Traffic Code of the State of Florida. The Mayor or designee is authorized to implement the provisions and requirements of the Act consistent with the specifications established by the Florida Department of Transportation, as such may be amended from time to time. The County is expressly authorized to use traffic infraction detectors to enforce red light signal violations pursuant to sections 316.074(1) and 316.075(1)(c)1., Florida Statutes, when a driver fails to stop at a traffic signal on streets and highways within the unincorporated areas of Miami-Dade County. The provisions of this ordinance shall not otherwise prohibit a law enforcement officer from issuing a traffic citation to a driver for a red light signal violation in accordance with Chapters 316 and 318, Florida Statutes.
(4) Right turn on red enforcement by traffic infraction detectors prohibited. Traffic infraction detectors shall not be used to enforce red light signal violations when a driver is making a right turn where such turns are permissible. This subsection shall not otherwise prohibit a law enforcement officer from issuing a traffic citation to a driver for a right turn violation in accordance with Chapters 316 and 318, Florida Statutes.
(5) Traffic infraction enforcement officers. The Mayor or designee is authorized to designate traffic infraction enforcement officers to administer the County�s red light camera program pursuant to the Mark Wandall Traffic Safety Act, as such may be amended from time to time.
(6) Notice and appeals. Notification of a violation of the Mark Wandall Traffic Safety Act and appeals shall be provided as set forth in the Act, as such may be amended from time to time. The notice expressly shall advise the registered owner of the vehicle that he or she has a right to review the photographic or electronic images or streaming video evidence.
(7) Penalties. A violation of the Mark Wandall Traffic Safety Act and section 30-422 shall be punishable as set forth in the Act, as such may be amended from time to time. The Act currently sets the fine at $158 per violation.
(8) Signage and public awareness campaign. The Mayor or designee is directed to:
i. Prior to installation of a traffic infraction detector at an intersection, install signage at the intersection indicating that traffic infraction detectors may be in use; and
ii. No less than 30 days before traffic infraction detectors are installed, conduct a public awareness campaign related to traffic infraction detectors and red light safety.
(9) Permits for installation of traffic infraction detectors by municipalities on county roads and infrastructure. The Mayor or designee shall develop a policy for approval by this Board consistent with the Act setting the requirements for municipalities to acquire permits from the County to install traffic infraction detectors, including any applicable fees:
i. On County roads within or adjacent to cities; and
ii. On County traffic signal mast arms and other county infrastructure.
(10) Revenue. Revenue realized by the County pursuant to the Act, once all associated costs have been paid and distributions made as required by the Act, shall supplement the unincorporated municipal service area (UMSA) budget. This provision shall be subject to annual appropriation by the Board.
(11) Reporting. The Mayor or designee shall submit a report by October 1, 2012, and annually thereafter, to both the Florida Department of Highway Safety and Motor Vehicles or its successor state department (DHSMV) and this Board detailing the results of using traffic infraction detectors and the procedures for enforcement for the preceding state fiscal year. The information submitted must include statistical data and information required by the DHSMV to complete the report required by the Mark Wandall Traffic Safety Act.
Section 2. Upon becoming effective, this Ordinance shall supersede Resolution No. 759-10 to the extent of any conflict.
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.