www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 27, 2013
REVISED August 27, 2013 - Regular Meeting
Agenda Item #13


Subject
Resolution R-13-156 - Red Light Camera Changes to State Law

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

John Barnott

Director, Building and Development Services

941-748-4501 ext. 3887



Action Requested

Adopt Resolution R-13-156

Authorize execution of Amendment One to Amended and Restated Agreement for Automated Red Light Enforcement System and Services with Xerox State & Local Solutions, Inc.

and

Authorize execution of Amendment One to Interlocal Agreement regarding Automate Red Light Enforcement System with the Manatee County Sheriff



Enabling/Regulating Authority
Florida Statutes Section 316

Background Discussion
  • Section 316.0076, Florida Statutes, expressly preempts to the state regulation of the use of cameras for enforcing the "Florida Uniform Traffic Control Law."
  • Section 316.0083 establishes uniform statewide procedures for the use of cameras to enforce violations for failure to stop at a red light.
  • Section 316.0083 required a traffic infraction enforcement officer to issue a notice of violation before issuing a traffic citation for a violation. The Sheriff's department is the only agency with the authority to issue the notice of violation based on the new law that was enacted.
  • During the 2013 session, the Florida Legislature enacted Chapter 2013-60, Laws of Florida, which provides that a person who receives a notice of violation has the right to request a hearing on the notice of violation before a local hearing officer, established procedures for a hearing before a local hearing officer, and defines a local hearing officer as the person designated by a county who is authorized to conduct hearings related to a notice of violation issued pursuant to Section 316.0083.
  • Due to the changes in State Law, the Board of County Commissioners is asked to Adopt Resolution R-13-156; Adopt Amendment One to Amended and Restated Agreement for Automated Red Light Enforcement System and Services; and Adopt Amendment One to Interlocal Agreement regarding Automate Red Light Enforcement System.
  • This resolution will move the review of the notice of violation from Code Enforcement to the Sheriff's department.  We met with MSO and provided data of the additional manpower requirement for this task and they are able to provide this service without any additional manpower.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Reviewed by and comments available from Maureen Sikora and William Clague.

Reviewing Attorney
N/A

Instructions to Board Records

Please forward an executed document of each document to Bobbi Roy / Building and Development Services Department and Melissa Wendel, Purchasing Division.



Cost and Funds Source Account Number and Name
n/a

Amount and Frequency of Recurring Costs
n/a


Attachment:  red light cameras. hearing officers. staff. resolution. R-13-156.pdf
Attachment:  Amendment One to Red Lights ILA.pdf
Attachment:  Amendment One to Red Light Cameras Agreement v1.pdf