|REVISED August 27, 2013 - Regular Meeting|
Agenda Item #13
Resolution R-13-156 - Red Light Camera Changes to State Law
Briefing Provided Upon Request
Contact and/or Presenter Information
Director, Building and Development Services
941-748-4501 ext. 3887
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.
Authorize execution of Amendment One to Interlocal Agreement regarding Automate Red Light Enforcement System with the Manatee County Sheriff
Florida Statutes Section 316
- 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.
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
Amount and Frequency of Recurring Costs
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