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HomeMy WebLinkAboutItem #09 Second Reading of Ordinance - Amendment to Article III of Chapter 168 Relating to Red-Light Traffic InfractionsI J OCOeP_ "orida AGENDA ITEM COVER SHEET Meeting Date: June 18, 2013 Item # Contact Name: Contact Number Lieutenant Brad Dreasher 407 - 905 -3160 ext. 3028 Reviewed By: Department Director: Chief Charles J. Brown' City Manager: Robert Fr' ., PO Subject: Second Reading Amendment to Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee relati to the enforcement of red light traffic signal infractions. Background Summary: Florida House Bill 7125 becomes effective July 1, 2013 and creates changes to the Mark Wandall Traffic Safety Act. The changes provide a 60 day period in which a person must pay the fine, identify another driver was in control of the vehicle, or request a hearing before a local hearing officer. This will necessitate changes to Chapter 168 of the Code of Ordinances of the City of Ocoee relating to the enforcement of red light traffic signal infractions and how the infractions are to be handled by the City. City attorney and staff have prepared a new ordinance amendment in order to comply with the law and recommend the approval of the ordinance amendment. Issue: Should the Honorable Mayor and Board of City Commissioners approve staff recommendation for an Amendment to Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee relating to the enforcement of red light traffic signal infractions? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve staff recommendation for an Amendment to Article III of Chapter 168 of the Code of Ordinances of the City of Ocoee relating to the enforcement of red light traffic signal infractions. Attachments: Amendment to Article III of Chapter 168 Text from HB 7125 relating to red light camera enforcement Financial Impact: The cameras and operation of the program are paid for by the red light violators through fines. The City receives $75.00 per violation paid for cameras located on local roadways and $70.00 per violation paid for cameras located on State roadways. There has not been a negative financial impact for the current program as the program has always been funded by the violators who run red lights. Type of Item: (please mark with an z') Public Hearing For Clerk's Dept Use: _ Ordinance First Reading Consent Agenda X Ordinance Second Reading Public Hearing _ Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by Finance Dept. ti 76W N/A Reviewed by () N/A Reviewed by City Attorney Robin Drage N/A Reviewed by Finance Dept. N/A Reviewed by () N/A ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA DELETING OBSOLETE PROVISIONS AND AMENDING THE CITY CODE BY AMENDING CHAPTER 168, ARTICLE III, TRAFFIC LIGHT SAFETY TO IMPLEMENT THE PROVISIONS OF 2013 FLORIDA LEGISLATURE CS /CS /HB 7125; PROVIDING FOR LOCAL HEARING OFFICERS CONSISTENT WITH GENERAL LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed CS /CS /HB7125 during the 2013 Legislative Session authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code; and WHEREAS, the Governor of the State of Florida signed CS /CS /HB 7125 into law on , 2013, resulting in the Chapter 2013- Laws of Florida, taking effect on July 1, 2013; and WHEREAS, the use of a local hearing officer allows citizens of the City of Ocoee to have a process for contesting notices of violation issued related to red light violations separate from the traffic court process; and WHEREAS, the City Commission wishes to utilize a local hearing officer as defined by the Florida Statutes to implement the local hearing process; and WHEREAS, the City wishes to remove obsolete provisions and amend its Code of Ordinances to implement Chapter 2013- , Laws of Florida. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION 1: Recitals Adopted. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2: Deletion of Obsolete Provisions Sections 14 -24 of Chapter 168, Article III, of the City Code of the City of Ocoee are hereby deleted. SECTION 3: Updated Intersection Safety Provisions Sections 11 -13 of Chapter 168, Article III, of the City Code of Ocoee are hereby amended as follows: § 168 -11. - Intent. The purpose of this article is to specifically authorize the use of traffic infraction detectors, as permitted by general law as of the effective date of this ordinance or July 1. 2013, whichever occurs later, within the City's jurisdictional limits § 168-12. - Use of i mage Gapture teGhnolog . Use of traffic infraction detectors The City shall ut i mage Gapture teG hne l og i es as a supp me ans men GeMp w l aws re to traff Gentrol S wh ass l aw enfeFGement personne O n - enfoFGement - i mprove - - alth, safety and we The City sha ut The City exercises its option under F.S. § 316.0083 as of the effective date of this ordinance or July 1 2013, whichever occurs later, to use traffic infraction detectors within its jurisdiction to enforce F.S. § 316.074(l) or & 316 075 (1)(C) as may be amended from time to time, when a driver fails to stop at a traffic signal on streets and highways in the City's jurisdiction The City may utilize traffic infraction detectors as a supplemental means of monitoring and assisting law enforcement personnel in the enforcement of compliance with laws related to traffic control signals as permitted and provided for by state law, which are designed to protect and improve the public health safety, and welfare of the community and thereby reduce accidents injuries and disruption of traffic associated with such violations. § 168 -13. - Definitio Implementation of General Law and Desiana_ t_io_ n of Local Hearing Officer. The following �e ierds , ... terms and phrase h us ed h s hall have the rneaR vn o . _ - e• - "SIMM _FM 10-2 -• - - - - OFMINM 12 FS Fr.Ir_.MM - The purpose of this article is to specifically authorize the use of traffic infraction detectors, as permitted by general law as of the effective date of this ordinance or July 1. 2013, whichever occurs later, within the City's jurisdictional limits § 168-12. - Use of i mage Gapture teGhnolog . Use of traffic infraction detectors The City shall ut i mage Gapture teG hne l og i es as a supp me ans men GeMp w l aws re to traff Gentrol S wh ass l aw enfeFGement personne O n - enfoFGement - i mprove - - alth, safety and we The City sha ut The City exercises its option under F.S. § 316.0083 as of the effective date of this ordinance or July 1 2013, whichever occurs later, to use traffic infraction detectors within its jurisdiction to enforce F.S. § 316.074(l) or & 316 075 (1)(C) as may be amended from time to time, when a driver fails to stop at a traffic signal on streets and highways in the City's jurisdiction The City may utilize traffic infraction detectors as a supplemental means of monitoring and assisting law enforcement personnel in the enforcement of compliance with laws related to traffic control signals as permitted and provided for by state law, which are designed to protect and improve the public health safety, and welfare of the community and thereby reduce accidents injuries and disruption of traffic associated with such violations. § 168 -13. - Definitio Implementation of General Law and Desiana_ t_io_ n of Local Hearing Officer. The following �e ierds , ... terms and phrase h us ed h s hall have the rneaR vn o . A In m q I FA , M 2 I \ \ • • ft7 o- 9 1 •. MUM \ 1 = . . a O lj ! tL AM 4 4 EM \ L E • • in 1 I M 1•• - r ME MIL MINOR mv u . " .. • . Sm ---- --- - . • • In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the effective date of this ordinance or July 1 2013 whichever occurs later the City I \ \ ff. • • = . . a O lj ! tL AM 4 4 EM \ L E 1 I\ IlEffl k _ l in 1 I M 1•• ME MIL MINOR In accordance with the provisions of the Mark Wandall Traffic Safety Act as of the effective date of this ordinance or July 1 2013 whichever occurs later the City hereby adopts and implements the provisions and requirements of Chapters 2010 -80 & 2013- Laws of Florida as may be amended from time to time Effective July 1, 2013, the City shall utilize a Local Hearing -Officer, as defined by Chapter 2013- Laws of Florida, in accordance with the provisions of the Mark Wandall Traffic Safety Act SECTION 4 : Severability. 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. 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 Ocoee that the sections of this Ordinance may be renumbered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. SECTION 6: Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED this day of 2013. APPROVED: ATTEST: Beth Eikenberry, City Clerk (SEAL) CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2013 READ FIRST TIME , 2013 READ SECOND TIME AND ADOPTED ' 2013 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of , 2013. SHUFFIELD, LOWMAN & WILSON By: City Attorney F L O R I D A H O U S E O F I III IIIIIIIIIIIIIIIIII IIII ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 477 agents, their insurers or insurers to which they have applied 478 for coverage, persons under contract with such insurers to 479 provide claims or underwriting information, prosecutorial 480 authorities, law enforcement agencies, the Department of 481 Transportation, county traffic operations, victim services 482 programs, radio and television stations licensed by the Federal 483 Communications Commission, newspapers qualified to publish legal 484 notices under ss. 50.011 and 50.031, and free newspapers of 485 general circulation, published once a week or more often, 486 available and of interest to the public generally for the 487 dissemination of news. For the purposes of this section, the 488 following products or publications are not newspapers as 489 referred to in this section: those intended primarily for 490 members of a particular profession or occupational group; those 491 with the primary purpose of distributing advertising; and those 492 with the primary purpose of publishing names and other personal 493 identifying information concerning parties to motor vehicle 494 crashes. 495 Section 4. Subsection (91) is added to section 316.003, 496 Florida Statutes, to read: 497 316.003 Definitions. —The following words and phrases, when 498 used in this chapter, shall have the meanings respectively 499 ascribed to them in this section, except where the context 500 otherwise requires: 501 (91) LOCAL HEARING OFFICER. —The person, designated by a 502 department, county, or municipality that elects to authorize 503 traffic infraction enforcement officers to issue traffic 504 citations under s. 316.0083(1)(a), who is authorized to conduct Page 18 of 226 CODING: Words stF'Gkee are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E I III III III IIII IIII II III VIII ENROLLED CS /CS/HB7125, Engrossed 2 2013 Legislature 505 hearings related to a notice of violation issued pursuant to 506 316.0083. The charter county, noncharter county, or municipality 507 may use its currently appointed code enforcement board or 508 special magistrate to serve as the local hearing officer. The 509 department may enter into an interlocal agreement to use the 510 local hearing officer of a county or municipality. 511 Section 5. Subsection (1) of section 316.0083, Florida 512 Statutes, is amended, and subsection (5) is added to that 513 section, to read: 514 316.0083 Mark Wandall Traffic Safety Program; 515 administration; report. - 516 (1)(a) For purposes of administering this section, the 517 department, a county, or a municipality may authorize a traffic 518 infraction enforcement officer under s. 316.640 to issue a 519 traffic citation for a violation of s. 316.074(1) or s. 520 316.075(1)(c)1. A notice of violation and a traffic citation may 521 not be issued for failure to stop at a red light if the driver 522 is making a right -hand turn in a careful and prudent manner at 523 an intersection where right -hand turns are permissible. A notice 524 of violation and a traffic citation may not be issued under this 525 section if the driver of the vehicle came to a complete stop 526 after crossing the stop line and before turning right if 527 permissible at a red light, but failed to stop before crossing 528 over the stop line or other point at which a stop is required. 529 This paragraph does not prohibit a review of information from a 530 traffic infraction detector by an authorized employee or agent 531 of the department, a county, or a municipality before issuance 532 of the traffic citation by the traffic infraction enforcement Page 19 of 226 CODING: Words stFiGkee are deletions; words underlined are additions. O F R E P R E S E N T A T I V E S hb7125 -05 -er F L O R I D A H O U S E I III III IIIIIIIIIIIIII IIIIIII ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 533 officer. This paragraph does not prohibit the department, a 534 county, or a municipality from issuing notification as provided 535 in paragraph (b) to the registered owner of the motor vehicle 536 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. 537 (b)1.a. Within 30 days after a violation, notification 538 must be sent to the registered owner of the motor vehicle 539 involved in the violation specifying the remedies available 540 under s. 318.14 and that the violator must pay the penalty of 541 $158 to the department, county, or municipality, or furnish an 542 affidavit in accordance with paragraph (d), or request a hearing 543 within 60 -38 days following the date of the notification in 544 order to avoid eeti=:� fees, .,errs, anel the issuance of a traffic 545 citation. The notification must shall be sent by first -class 546 mail. The mailing of the notice of violation constitutes 547 notification. 548 b. Included with the notification to the registered owner 549 of the motor vehicle involved in the infraction must be a notice 550 that the owner has the right to review the photographic or 551 electronic images or the streaming video evidence that 552 constitutes a rebuttable presumption against the owner of the 553 vehicle. The notice must state the time and place or Internet 554 location where the evidence may be examined and observed. 555 C. Notwithstanding any other provision of law, a person 556 who receives a notice of violation under this section may 557 request a hearing within 60 days following the notification of 558 violation or pay the penalty pursuant to the notice of 559 violation, but a payment or fee may not be required before the 560 hearing requested by the person. The notice of violation must be Page 20 of 226 CODING: Words stFiskee are deletions; words underlined are additions. O F R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E O F I III II III IIIIIIIII II III VIII ENROLLED CS /CS /HB7125, Engrossed 2 R E P R E S E N T A T I V E S 2013 Legislature 561 accompanied by, or direct the person to a website that provides, 562 information on the person's right to request a hearing and on 563 all court costs related thereto and a form to request a hearing. 564 As used in this sub - subparagraph, the term "person" includes a 565 natural person, registered owner or coowner of a motor vehicle, 566 or person identified on an affidavit as having care, custody, or 567 control of the motor vehicle at the time of the violation. 568 d. If the registered owner or coowner of the motor 569 vehicle, or the person designated as having care, custody, or 570 control of the motor vehicle at the time of the violation, or an 571 authorized representative of the owner, coowner, or designated 572 person, initiates a proceeding to challenge the violation 573 pursuant to this paragraph, such person waives any challenge or 574 dispute as to the delivery of the notice of violation. 575 2. Penalties assessed and collected by the department, 576 county, or municipality authorized to collect the funds provided 577 for in this paragraph, less the amount retained by the county or 578 municipality pursuant to subparagraph 3., shall be paid to the 579 Department of Revenue weekly. Payment by the department, county, 580 or municipality to the state shall be made by means of 581 electronic funds transfers. In addition to the payment, summary 582 detail of the penalties remitted shall be reported to the 583 Department of Revenue. 584 3. Penalties to be assessed and collected by the 585 department, county, or municipality are as follows: 586 a. One hundred fifty -eight dollars for a violation of s. 587 316.074(1) or s. 316.075(1)(c)1. when a driver ha-, failed to 588 stop at a traffic signal if enforcement is by the department's Page 21 of 226 CODING: Words stF'Gkee are deletions; words underlined are additions. hb7125 -05 -er F L O R I D A H O U S E O F I III III III IIII Illilll III VIII ENROLLED CS /CS/HB7125, Engrossed 2 2013 Legislature 589 traffic infraction enforcement officer. One hundred dollars 590 shall be remitted to the Department of Revenue for deposit into 591 the General Revenue Fund, $10 shall be remitted to the 592 Department of Revenue for deposit into the Department of Health 593 Emergency Medical Services Trust Fund, $3 shall be remitted to 594 the Department of Revenue for deposit into the Brain and Spinal 595 Cord Injury Trust Fund, and $45 shall be distributed to the 596 municipality in which the violation occurred, or, if the 597 violation occurred in an unincorporated area, to the county in 598 which the violation occurred. Funds deposited into the 599 Department of Health Emergency Medical Services Trust Fund under 600 this sub - subparagraph shall be distributed as provided in s. 601 395.4036(1). Proceeds of the infractions in the Brain and Spinal 602 Cord Injury Trust Fund shall be distributed quarterly to the 603 Miami Project to Cure Paralysis and shall be used for brain and 604 spinal cord research. 605 b. One hundred fifty -eight dollars for a violation of s. 606 316.074(1) or s. 316.075(1)(c)l. when a driver h-a-& failed to 607 stop at a traffic signal if enforcement is by a county or 608 municipal traffic infraction enforcement officer. Seventy 609 dollars shall be remitted by the county or municipality to the 610 Department of Revenue for deposit into the General Revenue Fund, 611 $10 shall be remitted to the Department of Revenue for deposit 612 into the Department of Health Emergency Medical Services Trust 613 Fund, $3 shall be remitted to the Department of Revenue for 614 deposit into the Brain and Spinal Cord Injury Trust Fund, and 615 $75 shall be retained by the county or municipality enforcing 616 the ordinance enacted pursuant to this section. Funds deposited Page 22 of 226 CODING: Words S+re are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E O F I III III III IIII IIIIIII II III III ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 617 into the Department of Health Emergency Medical Services Trust 618 Fund under this sub subparagraph shall be distributed as 619 provided in s. 395.4036(1). Proceeds of the infractions in the 620 Brain and Spinal Cord Injury Trust Fund shall be distributed 621 quarterly to the Miami Project to Cure Paralysis and Shan be 622 used for brain and spinal cord research. 623 4. An individual may not receive a commission from any 624 revenue collected from violations detected through the use of a 625 traffic infraction detector. A manufacturer or vendor may not 626 receive a fee or remuneration based upon the number of 627 violations detected through the use of a traffic infraction 628 detector. 629 (c)l.a. A traffic citation issued under this section shall 630 be issued by mailing the traffic citation by certified mail to 631 the address of the registered owner of the motor vehicle 632 involved in the violation if when payment has not been made 633 within 60 -3-8 days after notification under paragraph (b), if the 634 registered owner has not requested a hearing as authorized under 635 paragraph (b), or if the registered owner has not submitted an 636 affidavit under this section ;z 637 b. Delivery of the traffic citation constitutes 638 notification under this paragraph. If the registered owner or 639 coowner of the motor vehicle, or the person designated as having 640 care, custody, or control of the motor vehicle at the time of 641 the violation, or a duly authorized representative of the owner, 642 coowner, or designated person, initiates a proceeding to 643 challenge the citation pursuant to this section, such person 644 waives any challenge or dispute as to the delivery of the Page 23 of 226 CODING: Words strtskee are deletions; words underlined are additions. R E P R E S E N T A T I V E S hb7125 -05 -er F L O R I D A H O U S E O F I III II IIIIIIIIIIIIIII II IIII ENROLLED CS /CS /HB 7125, Engrossed 2 2013 Legislature 645 traffic citation. 646 C. In the case of joint ownership of a motor vehicle, the 647 traffic citation shall be mailed to the first name appearing on 648 the registration, unless the first name appearing on the 649 registration is a business organization, in which case the 650 second name appearing on the registration may be used. 651 Ei. The ti=affieeita t i en shall Ja e f;ftald te the i gi,- e e 652 e w n eL= ef the F t e t ei= -�,xe-h ; e e l ii ,zelv d in tl:ie vielatien se late 653 th a" -6 9-ia s ft ei= 4�heeiaze erne so�� 654 2. Included with the notification to the registered owner 655 of the motor vehicle involved in the infraction shall be a 656 notice that the owner has the right to review, either in person 657 or remotely, the photographic or electronic images or the 658 streaming video evidence that constitutes a rebuttable 659 presumption against the owner of the vehicle. The notice must 660 state the time and place or Internet location where the evidence 661 may be examined and observed. 662 (d)1. The owner of the motor vehicle involved in the 663 violation is responsible and liable for paying the uniform 664 traffic citation issued for a violation of s. 316.074(1) or s. 665 316.075(1)(c)l. when the driver failed to stop at a traffic 666 signal, unless the owner can establish that: 667 a. The motor vehicle passed through the intersection in 668 order to yield right -of -way to an emergency vehicle or as part 669 of a funeral procession; 670 b. The motor vehicle passed through the intersection at 671 the direction of a law enforcement officer; 672 C. The motor vehicle was, at the time of the violation, in Page 24 of 226 RE P R E S E N T A T I V E S CODING: Words 6tF are deletions; words underlined are additions. M7125 -05 -er F L O R I D A H O U S E II II III IIIIIIIIIIIIIIIII II IIIII ENROLLED CS /CS /HB 7125, Engrossed 2 2013 Legislature 673 the care, custody, or control of another person; 674 d. A uniform traffic citation was issued by a law 675 enforcement officer to the driver of the motor vehicle for the 676 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or 677 e. The motor vehicle's owner was deceased on or before the 678 date that the uniform traffic citation was issued, as 679 established by an affidavit submitted by the representative of 680 the motor vehicle owner's estate or other designated person or 681 family member. 682 2. In order to establish such facts, the owner of the 683 motor vehicle shall, within 30 days after the date of issuance 684 of the traffic citation, furnish to the appropriate governmental 685 entity an affidavit setting forth detailed information 686 supporting an exemption as provided in this paragraph. 687 a. An affidavit supporting an exemption under sub - 688 subparagraph 1.c. must include the name, address, date of birth, 689 and, if known, the driver license number of the person who 690 leased, rented, or otherwise had care, custody, or control of 691 the motor vehicle at the time of the alleged violation. If the 692 vehicle was stolen at the time of the alleged offense, the 693 affidavit must include the police report indicating that the 694 vehicle was stolen. 695 b. If a traffic citation for a violation of s. 316.074(1) 696 or s. 316.075(1)(c)l. was issued at the location of the 697 violation by a law enforcement officer, the affidavit must 698 include the serial number of the uniform traffic citation. 699 C. If the motor vehicle's owner to whom a traffic citation 700 has been issued is deceased, the affidavit must include a Page 25 of 226 CODING: Words StFiGken are deletions; words underlined are additions. O F R E P R E S E N T A T I V E S hb7125 -05 -er F L O R I D A H O U S E O F I III III III IIII IIII III III VIII ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 701 certified copy of the owner's death certificate showing that the 702 date of death occurred on or before the issuance of the uniform 703 traffic citation and one of the following: 704 (I) A bill of sale or other document showing that the 705 deceased owner's motor vehicle was sold or transferred after his 706 or her death, but on or before the date of the alleged 707 violation. 708 (II) Documentary proof that the registered license plate 709 belonging to the deceased owner's vehicle was returned to the 710 department or any branch office or authorized agent of the 711 department, but on or before the date of the alleged violation. 712 (III) A copy of a police report showing that the deceased 713 owner's registered license plate or motor vehicle was stolen 714 after the owner's death, but on or before the date of the 715 alleged violation. 716 717 Upon receipt of the affidavit and documentation required under 718 this sub - subparagraph, the governmental entity must dismiss the 719 citation and provide proof of such dismissal to the person that 720 submitted the affidavit. 721 3. Upon receipt of an affidavit, the person designated as 722 having care, custody, or and control of the motor vehicle at the 723 time of the violation may be issued a notice of violation 724 pursuant to paragraph (b) tra�ffieeimtaii r for a violation of s. 725 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop 726 at a traffic signal. The affidavit is admissible in a proceeding 727 pursuant to this section for the purpose of providing proof that 728 the person identified in the affidavit was in actual care, Page 26 of 226 CODING: Words StF ' G k eR are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E O F I III IIIIIIIIIIIIIIIIII II IIII ENROLLED CS /CS/HB7125, Engrossed 2 2013 Legislature 729 custody, or control of the motor vehicle. The owner of a leased 730 vehicle for which a traffic citation is issued for a violation 731 of s. 316.074(1) or s. 316.075(1)(c)l. when the driver failed to 732 stop at a traffic signal is not responsible for paying the 733 traffic citation and is not required to submit an affidavit as 734 specified in this subsection if the motor vehicle involved in 735 the violation is registered in the name of the lessee of such 736 motor vehicle. 737 4. Paragraphs (b) and (c) apply to the person identified 738 on the affidavit, except that the notification under sub - 739 subparagraph (b)1.a. must be sent to the person identified on 740 the affidavit within 30 days after receipt of an affidavit. 741 5.-4—. The submission of a false affidavit is a misdemeanor 742 of the second degree, punishable as provided in s. 775.082 or s. 743 775.083. 744 (e) The photographic or electronic images or streaming 745 video attached to or referenced in the traffic citation is 746 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)l. 747 when the driver failed to stop at a traffic signal has occurred 748 and is admissible in any proceeding to enforce this section and 749 raises a rebuttable presumption that the motor vehicle named in 750 the report or shown in the photographic or electronic images or 751 streaming video evidence was used in violation of s. 316.074(1) 752 or s. 316.075(1)(c)1. when the driver failed to stop at a 753 traffic signal. 754 (5) Procedures for a hearing under this section are as 755 follows: 756 (a) The department shall publish and make available Page 27 of 226 CODING: Words stFisken are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E I III III III IIII IIII III III I IIII ENROLLED CS /CS/HB7125, Engrossed 2 2013 Legislature 757 electronically to each county and municipality a model Request 758 for Hearing form to assist each local government administering 759 this section. 760 (b) The charter county, noncharter county, or municipality 761 electing to authorize traffic infraction enforcement officers to 762 issue traffic citations under s. 316.0083(1)(a) shall designate 763 by resolution existing staff to serve as the clerk to the local 764 hearing officer. 765 (c) Any person, herein referred to as the "petitioner," 766 who elects to request a hearing under paragraph (1)(b) shall be 767 scheduled for a hearing by the clerk to the local hearing 768 officer to appear before a local hearing officer with notice to 769 be sent by first -class mail. Upon receipt of the notice, the 770 petitioner may reschedule the hearing once by submitting a 771 written request to reschedule to the clerk to the local hearing 772 officer, at least 5 calendar days before the day of the 773 originally scheduled hearing. The petitioner may cancel his or 774 her appearance before the local hearing officer by paying the 775 penalty assessed under paragraph (1)(b), plus $50 in 776 administrative costs, before the start of the hearing. 777 (d) All testimony at the hearing shall be under oath and 778 shall be recorded. The local hearing officer shall take 779 testimony from a traffic infraction enforcement officer and the 780 petitioner, and may take testimony from others. The local 781 hearing officer shall review the photographic or electronic 782 images or the streaming video made available under sub - 783 subparagraph(1)(b)l.b. Formal rules of evidence do not apply, 784 but due process shall be observed and govern the proceedings. Page 28 of 226 CODING: Words StF } are deletions; words underlined are additions. O F R E P R E S E N T A T I V E S hb7125 -05 -er F L O R I D A H O U S E O F I III IIIIIIIIIIIIIIIIIII IIII ENROLLED CS /CS/HB7125, Engrossed 2 2013 Legislature 785 (e) At the conclusion of the hearing, the local hearing 786 officer shall determine whether a violation under this section 787 has occurred, in which case the hearing officer shall uphold or 788 dismiss the violation. The local hearing officer shall issue a 789 final administrative order including the determination and, if 790 the notice of violation is upheld, require the petitioner to pa} 791 the penalty previously assessed under paragraph (1)(b), and may 792 also require the petitioner to pay county or municipal costs, 793 not to exceed $250. The final administrative order shall be 794 mailed to the petitioner by first -class mail. 795 (f) An aggrieved party may appeal a final administrative 796 order consistent with the process provided under s. 162.11. 797 Section 6. Paragraph (c) of subsection (3) of section 798 316.650, Florida Statutes, is amended to read: 799 316.650 Traffic citations. - 800 (3) 801 (c) If a traffic citation is issued under s. 316.0083, the 802 traffic infraction enforcement officer shall provide by 803 electronic transmission a replica of the traffic citation data 804 to the court having jurisdiction over the alleged offense or its 805 traffic violations bureau within 5 days after the date of 806 issuance of the traffic citation to the violator. If a hearing 807 is requested, the traffic infraction enforcement officer shall 808 provide a replica of the traffic notice of violation data to the 809 clerk for the local hearing officer having jurisdiction over the 810 alleged offense within 14 days. 811 Section 7. Section 318.121, Florida Statutes, is amended 812 to read: Page 29 of 226 CODING: Words stF'Gk8R are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E O F I III III III IIIIIIIII III III VIII ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 813 318.121 Preemption of additional fees, fines, surcharges, 814 and costs. Notwithstanding any general or special law, or 815 municipal or county ordinance, additional fees, fines, 816 surcharges, or costs other than the court costs and surcharges 817 assessed under s. 318.18(11), (13), (18), a (19) and (22) may 818 not be added to the civil traffic penalties assessed under 819 this chapter. 820 Section 8. Subsection (3) is added to section 318.15, 821 Florida Statutes, to read: 822 318.15 Failure to comply with civil penalty or to appear; 823 penalty. - 824 (3) The clerk shall notify the department of persons who 825 were mailed a notice of violation of s. 316.074(1) or s. 826 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter 827 into, or comply with the terms of, a penalty payment plan, or 828 order with the clerk to the local hearing officer or failed to 829 appear at a scheduled hearing within 10 days after such failure, 830 and shall reference the person's driver license number, or in 831 the case of a business entity, vehicle registration number. 832 (a) Upon receipt of such notice, the department, or 833 authorized agent thereof, may not issue a license plate or 834 revalidation sticker for any motor vehicle owned or coowned by 835 that person pursuant to s. 320.03(8) until the amounts assessed 836 have been fully paid. 837 (b) After the issuance of the person's license plate or 838 revalidation sticker is withheld pursuant to paragraph (a), the 839 person may challenge the withholding of the license plate or 840 revalidation sticker only on the basis that the outstanding Page 30 of 226 CODING: Words StF are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er F L O R I D A H O U S E O F I III IIIIIIIIIIIIIIIIIIIIIIIIII ENROLLED CS /CS /HB7125, Engrossed 2 2013 Legislature 841 fines and civil penalties have been paid pursuant to s. 842 320.03(8). 843 Section 9. Paragraph (c) of subsection (15) of section 844 318.18, Florida Statutes, is amended, and subsection (22) is 845 added to that section, to read: 846 318.18 Amount of penalties. —The penalties required for a 847 noncriminal disposition pursuant to s. 318.14 or a criminal 848 offense listed in s. 318.17 are as follows: 849 (15) 850 (c) If a person who is mailed a notice of violation or 851 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)l., as 852 enforced by a traffic infraction enforcement officer under s. 853 316.0083, presents documentation from the appropriate 854 governmental entity that the notice of violation or traffic 855 citation was in error, the clerk of court or clerk to the local 856 hearing officer may dismiss the case. The clerk of court or 857 clerk to the local hearing officer may shall not charge for this 858 service. 859 (22) In addition to the penalty prescribed under s. 860 316.0083 for violations enforced under s. 316.0083 which are 861 upheld, the local hearing officer may also order the payment of 862 county or municipal costs, not to exceed $250. 863 Section 10. Subsection (8) of section 320.03, Florida 864 Statutes, is amended to read: 865 320.03 Registration; duties of tax collectors; 866 International Registration Plan. - 867 (8) If the applicant's name appears on the list referred 868 to in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. Page 31 of 226 CODING: Words StF 'Gken are deletions; words underlined are additions. R E P R E S E N T A T I V E S M7125 -05 -er Date PubUshed and M edia Name ©10 Orlando Sentinel SUNDAY, JUf1E 9, 2013 — - -- — Advertisement or _Arilde, CITY OF OCUEE - PUULIC HEARING A Public Hearing before the Ocoee City Cum - mission will be held Tuesday, June 18, 2013, at 7:15 p.m. or as soon thereafter a i s may be heard, n the Commission Chambers of City Hall at 150 North Lakeshore Drive, Ocoee, Florida, la consider the following: ORDINANCE NO. 2013 -009 AN ORDINANCE OF THE CITY OF OC(,EE FLORIDA DELETING OBSOLETE PROVIStOtc$ AND AMENDING THE CITY CODE BY AMF"t0- ING CHAPTER 168 ARTICLE III, TRAFFIC LIGHT SAFETY TO IMPLEMENT THE PROVISIONS OF 2013 FLORIDA LEGISLATURE CS /CS /HB 7125 PROVIDING FOR LOCAL HEARING OFFICER$ CONSISTENT WITH GENERAL LAW' PROVID CODIFICATION; ON, PROVIDING EFFECR TIVE DATE If a person decides to appeal any deci sion made by the above City Comrnis lion with respect to any matter consid- ered at such hearing, they will need a record of the proceedings, and for such purpose they may need to ensure that a verbatim record of the proceed- ings is made, which record mciudes the teslimonY and evidence boon which the appeal is to be based. -.11 interested parties are invited to at tend and be heard with respect to the ubov.,, In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 407- 905 -3105 at least .18 hours prior to the date of hearing. Beth Eikenberry City Clerk CCi ,242056 06/09;2013