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HomeMy WebLinkAboutR-17-0025City of Miami Legislation Resolution R-17-0025 File Number: 1559 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/12/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT SENATE BILL 178, AND ACCOMPANYING HOUSE BILL 6007, THAT PROPOSES A REPEAL OF FLORIDA'S MARK WANDALL TRAFFIC SAFETY ACT AND THE ELIMINATION OF RED LIGHT CAMERA PROGRAMS IN THE STATE OF FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE. WHEREAS, in 2010, the Florida Legislature enacted the Mark Wandall Traffic Safety Act authorizing the use of traffic infraction detectors, commonly known as "Red Light Cameras", and expressly preempting to the State the regulation and use of traffic infraction detectors; and WHEREAS, in its December 2015 Red Light Camera Report, the Department of Highway Safety and Motor Vehicles ("DHSMV") reported showing an increase of automobile collisions at intersections with traffic infraction detectors; and WHEREAS, the DHSMV surveyed 71 local governments using traffic infraction detectors at 276 intersections across Florida and revealed that the total number of automobile collisions at the intersections increased by 14.65% after the traffic infraction detectors were installed (i.e., 3,453 crashes without the cameras and 3,959 after installation); and WHEREAS, the DHSMV report also showed rear -end automobile collisions at the red- light camera intersections increased by 10.18%, automobile collisions with serious injuries increased by 29.31 % and automobile collisions involving bikes and pedestrians increased by 16.75%; and WHEREAS, these traffic infraction violations carry a $158.00 penalty, however, when the penalty is enforced by local government, $75.00 is retained by the local government and $83.00 is deposited with the Department of Revenue ("DOR") who subsequently distributes the penalty by depositing $70.00 in the General Revenue Fund, $10.00 in the Department of Health ("DOH") Administrative Trust Fund, and $3.00 in the Brain and Spinal Cord Injury Trust Fund; and WHEREAS, in a survey of local governments that operate a red light camera program, the Office of Policy Analysis & Governmental Accountability ("OPPAGA") reported that of the $75.00 retained by local governments, approximately 49% of the monetary penalty goes to the red light camera vendor; and WHEREAS, OPPAGA also reported that 76% of the net money retained by the local governments goes into a "general fund" that could be used for any government function, while only 14% was identified as being directly spent on public safety, law enforcement, or road improvements; and City of Miami Page 1 of 2 File ID: 1559 (Revision:) Printed On: 5/3/2017 File ID: 1559 Enactment Number: R-17-0025 WHEREAS, the red light camera programs operating under the Mark Wandall Traffic Safety Act are more of a revenue source for local governments and vendors than a traffic safety program; and WHEREAS, Senate Bill 178, and accompanying House Bill 6007, proposes to repeal the Mark Wandall Traffic Safety Act and amend various provisions of law by removing the authorization of a county or municipality to install and use traffic infraction detectors, which are currently used in the City of Miami, to enforce specified provisions of traffic laws by automatically photographing vehicles when a driver fails to yield a red light; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission urges Governor Rick Scott and the members of the Florida Legislature to pass Senate Bill 178 and House Bill 6007, repealing the red-light programs authorized under the Mark Wandall Traffic Safety Act relating to the installation and use of traffic infraction detectors to enforce specified provisions when a driver fails to stop at a traffic signal. Section 3. The City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott and all members of the Florida Legislature. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 &1416 ndez, City Attor ey 1/3/2017 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 2 of 2 File ID: 1559 (Revision:) Printed on: 5/3/2017