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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00747 Final Action Date:
(4/5 THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND
TRAFFIC/DANGEROUS INTERSECTION SAFETY", MORE PARTICULARLY BY
AMENDING SECTIONS 35-348 THROUGH 35-350 TO CODIFY THE USE OF
HEARING OFFICERS/SPECIAL MASTERS AND A HEARING PROCESS FOR
DISPOSING OF TRAFFIC INFRACTIONS IN THE CITY CODE PURSUANT TO
CHAPTER 2013-160, LAWS OF FLORIDA TO CONTINUE THE TRAFFIC
INFRACTION DETECTOR PROGRAM; CONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed CS/CS/HB 7125 ("HB 7125") during the 2013
Legislative Session, providing for local hearings related to notices of violations connected with the use
of traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code be
performed by the municipalities; and
WHEREAS, the Governor of the State of Florida signed HB 7125 into law on June 12, 2013,
resulting in the Chapter 2013-160, Laws of Florida taking effect on July 1, 2013; and
WHEREAS, the City of Miami ("City") wishes to establish a hearing process to handle the
traffic detector program and utilize existing resources, staff, and hearing officers/special masters to
implement the provisions of Chapter 2013-160, Laws of Florida;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 35/Article X of the Code of the City of Miami, Florida, as amended, entitled
"Motor Vehicles and Traffic/Dangerous Intersection Safety", is amended in the following particulars:{1}
"CHAPTER 35
MOTOR VEHICLES AND TRAFFIC
*
ARTICLE X. DANGEROUS INTERSECTION SAFETY
City of Mianv
Page 1 of 3 File Id: 13-00747 (Version: 1) Printed On: 6/17/2013
File Number: 13-00747
Sec. 35-348. Intent.
The purpose of this article is to authorize the use of traffic infraction detectors to promote compliance
with red Tight signal directives and to adopt and incorporate the provisions of Chapter 2010-80 Laws of
Florida (2010) ("the Mark Wandall Traffic Safety Act"), as may be amended from time to time, for the
enforcement of red light signal violations. This article shall not prohibit law enforcement officers from
issuing a citation for a red light signal violation in accordance with other routine statutory traffic
enforcement techniques.
Sec. 35-349. Use of traffic infraction detectors.
In accordance with the provisions of the Mark Wandall Traffic Safety Act, as may be amended from
time to time, the city authorizes the installation and utilization of traffic infraction detectors to enforce
F.S. § 316.074(1) or 316.075(1)(c)1, as amended, when a driver fails to stop at a traffic signal on
streets and highways within the city. The implementation and use of the traffic infraction detectors shall
be in accordance with the provisions of the Mark Wandall Traffic Safety Act and F.S. §§ 316.003,
316.0076, 316.008, 316.0083, 316.0745, 316.07456, 316.0776, 316.640, 316.650, 318.14, 318.18,
321.50, and 322.27 and Chapter 2013-160, Laws of Florida as may be amended from time to time.
Sec. 35-350. Establishing local hearings and local hearing officers within the City of Miami.
It is the intent of this ordinance to establish local hearings related to notices of violations from the use
of traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code, as
amended from time to time.
Such hearings are to be performed by the municipalities through local hearing officers or special
masters to enforce the provisions, hearings, and due process and notice requirements of the Mark
Wandall Traffic Safety Act and F.S. §$ 316.003, 316.0076, 316.008, 316.0083, 316.0745, 316.07456,
316.0776, 316.640, 316.650, 318.14, 318.18, 321.50, 322.27, and Chapter 2013-160, Laws of Florida
as may be amended from time to time.
Secs. 35-3510-35-364. Reserved.
*
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami.
Section 5. The requirements of reading this Ordinance on two separate days is dispensed with on
an affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 File Id: 13-00747 (Version: 1) Printed On: 6/17/2013
File Number: 13-00747
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU ) I
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File Id: 13-00747 (Version: 1) Printed On: 6/17/2013